102.52 Permanent partial disability schedule.
102.53 Multiple injury variations.
102.54 Injury to dominant hand.
102.55 Application of schedules.
102.555 Occupational deafness; definitions.
102.565 Toxic or hazardous exposure; medical examination; conditions of liability.
102.57 Violations of safety provisions, penalty.
102.58 Decreased compensation.
102.59 Preexisting disability, indemnity.
102.60 Minor illegally employed, compensation.
102.61 Indemnity under rehabilitation law.
102.62 Primary and secondary liability; unchangeable.
102.64 Attorney general shall represent state and commission.
102.65 Work injury supplemental benefit fund.
102.66 Payment of certain barred claims.
102.75 Administrative expenses.
102.80 Uninsured employers fund.
102.81 Compensation for injured employe of uninsured employer.
102.82 Uninsured employer payments.
102.83 Collection of uninsured employer payments.
102.835 Levy for delinquent payments.
102.84 Preference of required payments.
102.85 Uninsured employers; penalties.
102.87 Citation procedure.
102.88 Penalties; repeaters.
102.89 Parties to a violation.
102.01(1)(1) This chapter may be referred to as the "Worker's Compensation Act" and allowances, recoveries and liabilities under this chapter constitute "Worker's Compensation".
102.01(2)(a)
(a) "Commission" means the labor and industry review commission.
102.01(2)(ag)
(ag) "Commissioner" means a member of the commission.
102.01(2)(ap)
(ap) "Department" means the department of industry, labor and job development.
102.01 Note
NOTE: 1995 Wis. Act 289, s.
275, authorizes the department of industry, labor and job development to use the name "department of workforce development" for any official purpose.
102.01(2)(b)
(b) "Examiner" includes the deputy administrator of the worker's compensation division of the department.
102.01(2)(bm)
(bm) "General order" means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.
102.01(2)(c)
(c) "Injury" means mental or physical harm to an employe caused by accident or disease, and also means damage to or destruction of artificial members, dental appliances, teeth, hearing aids and eyeglasses, but, in the case of hearing aids or eyeglasses, only if such damage or destruction resulted from accident which also caused personal injury entitling the employe to compensation therefor either for disability or treatment.
102.01(2)(d)
(d) "Municipality" includes county, city, town, village, school district, sewer district, drainage district and other public or quasi-public corporations.
102.01(2)(dm)
(dm) "Order" means any decision, rule, regulation, direction, requirement or standard of the department, or any other determination arrived at or decision made by the department.
102.01(2)(e)
(e) "Primary compensation and death benefit" means compensation or indemnity for disability or death benefit, other than increased, double or treble compensation or death benefit.
102.01(2)(eg)
(eg) "Religious sect" means a religious body of persons, or a division of a religious body of persons, who unite in holding certain special doctrines or opinions concerning religion that distinguish those persons from others holding the same general religious beliefs.
102.01(2)(em)
(em) "Secretary" means the secretary of industry, labor and job development.
102.01(2)(f)
(f) "Temporary help agency" means an employer who places its employe with or leases its employes to another employer who controls the employe's work activities and compensates the first employer for the employe's services, regardless of the duration of the services.
102.01(2)(g)
(g) Except as provided in
s. 102.555 with respect to occupational deafness, "time of injury", "occurrence of injury", or "date of injury" means:
102.01(2)(g)1.
1. In the case of accidental injury, the date of the accident which caused the injury.
102.01(2)(g)2.
2. In the case of disease, the date of disability or, if that date occurs after the cessation of all employment that contributed to the disability, the last day of work for the last employer whose employment caused disability.
102.01(2)(gm)
(gm) "Wisconsin compensation rating bureau" means the bureau provided for in
s. 626.06.
102.01 Annotation
In occupational disease claim, examiner may find date of injury to be other than last day of work. Royal-Globe Ins. Co. v. DILHR, 82 W (2d) 90, 260 NW (2d) 670.
102.01 Annotation
"Temporary help agency" under (2) (f) is not restricted to employers in business of placing employees with other employers. Gansch v. Nekoosa Papers, Inc., 158 W (2d) 743, 463 NW (2d) 682 (1990).
102.01 Annotation
Intentionally inflicted injury, unexpected and unforeseen by injured party, is accident under (2) (c). Jenson v. Employers Mut. Cas. Co., 161 W (2d) 253, 468 NW (2d) 1 (1991).
102.03
102.03
Conditions of liability. 102.03(1)
(1) Liability under this chapter shall exist against an employer only where the following conditions concur:
102.03(1)(b)
(b) Where, at the time of the injury, both the employer and employe are subject to the provisions of this chapter.
102.03(1)(c)1.1. Where, at the time of the injury, the employe is performing service growing out of and incidental to his or her employment.
102.03(1)(c)2.
2. Any employe going to and from his or her employment in the ordinary and usual way, while on the premises of the employer, or while in the immediate vicinity thereof if the injury results from an occurrence on the premises, any employe going between an employer's designated parking lot and the employer's work premises while on a direct route and in the ordinary and usual way or any fire fighter or municipal utility employe responding to a call for assistance outside the limits of his or her city or village, unless that response is in violation of law, is performing service growing out of and incidental to employment.
102.03(1)(c)3.
3. An employe is not performing service growing out of and incidental to his or her employment while going to or from employment in a private or group or employer-sponsored car pool, van pool, commuter bus service or other ride-sharing program in which the employe participates voluntarily and the sole purpose of which is the mass transportation of employes to and from employment. An employe is not performing service growing out of and incidental to employment while engaging in a program designed to improve the physical well-being of the employe, whether or not the program is located on the employer's premises, if participation in the program is voluntary and the employe receives no compensation for participation.
102.03(1)(c)4.
4. The premises of the employer include the premises of any other person on whose premises the employe performs service.
102.03(1)(c)5.
5. To enhance the morale and efficiency of public employes in this state and attract qualified personnel to the public service, it is the policy of the state that the benefits of this chapter shall extend and be granted to employes in the service of the state or of any municipality therein on the same basis, in the same manner, under the same conditions, and with like right of recovery as in the case of employes of persons, firms or private corporations. Accordingly, the same considerations, standards, and rules of decision shall apply in all cases in determining whether any employe under this chapter, at the time of the injury, was performing service growing out of and incidental to the employe's employment. For the purposes of this subsection no differentiation shall be made among any of the classes of employers enumerated in
s. 102.04 or of employes enumerated in
s. 102.07; and no statutes, ordinances, or administrative regulations otherwise applicable to any employes enumerated in
s. 102.07 shall be controlling.
102.03(1)(d)
(d) Where the injury is not intentionally self-inflicted.
102.03(1)(e)
(e) Where the accident or disease causing injury arises out of the employe's employment.
102.03(1)(f)
(f) Every employe whose employment requires the employe to travel shall be deemed to be performing service growing out of and incidental to the employe's employment at all times while on a trip, except when engaged in a deviation for a private or personal purpose. Acts reasonably necessary for living or incidental thereto shall not be regarded as such a deviation. Any accident or disease arising out of a hazard of such service shall be deemed to arise out of the employe's employment.
102.03(1)(g)
(g) Members of the state legislature are covered by this chapter when they are engaged in performing their duties as state legislators including:
102.03(1)(g)1.
1. While performing services growing out of and incidental to their function as legislators;
102.03(1)(g)2.
2. While performing their official duties as members of committees or other official bodies created by the legislature;
102.03(1)(g)3.
3. While traveling to and from the state capital to perform their duties as legislators; and
102.03(1)(g)4.
4. While traveling to and from any place to perform services growing out of and incidental to their function as legislators, regardless of where the trip originated, and including acts reasonably necessary for living but excluding any deviations for private or personal purposes except that acts reasonably necessary for living are not deviations.
102.03(2)
(2) Where such conditions exist the right to the recovery of compensation under this chapter shall be the exclusive remedy against the employer, any other employe of the same employer and the worker's compensation insurance carrier. This section does not limit the right of an employe to bring action against any coemploye for an assault intended to cause bodily harm, or against a coemploye for negligent operation of a motor vehicle not owned or leased by the employer, or against a coemploye of the same employer to the extent that there would be liability of a governmental unit to pay judgments against employes under a collective bargaining agreement or a local ordinance.
102.03(3)
(3) Providing or failing to provide any safety inspection or safety advisory service incident to a contract for worker's compensation insurance or to a contract for safety inspections or safety advisory services does not by itself subject an insurer, an employer, an insurance service organization, a union, a union member or any agent or employe of the insurer, employer, insurance service organization or union to liability for damages for an injury resulting from providing or failing to provide the inspection or services.
102.03(4)
(4) The right to compensation and the amount of the compensation shall in all cases be determined in accordance with the provisions of law in effect as of the date of the injury except as to employes whose rate of compensation is changed as provided in
ss. 102.43 (7) and
102.44 (1) and
(5) and employes who are eligible to receive private rehabilitative counseling and rehabilitative training under
s. 102.61 (1m).
102.03(5)
(5) If an employe, while working outside the territorial limits of this state, suffers an injury on account of which the employe, or in the event of the employe's death, his or her dependents, would have been entitled to the benefits provided by this chapter had such injury occurred within this state, such employe, or in the event of the employe's death resulting from such injury, the dependents of the employe, shall be entitled to the benefits provided by this chapter, if at the time of such injury any of the following applies:
102.03(5)(a)
(a) His or her employment is principally localized in this state.
102.03(5)(b)
(b) He or she is working under a contract of hire made in this state in employment not principally localized in any state.
102.03(5)(c)
(c) He or she is working under a contract made in this state in employment principally localized in another state whose worker's compensation law is not applicable to that person's employer.
102.03(5)(d)
(d) He or she is working under a contract of hire made in this state for employment outside the United States.
102.03(5)(e)
(e) He or she is a Wisconsin law enforcement officer acting under an agreement authorized under
s. 175.46.
102.03 Annotation
Committee Note, 1971: The Wisconsin Supreme Court in the case of Halama v. ILHR Department, 48 Wis. (2d) 328 (1970), suggested that consideration be given to extending coverage to an employe who is injured while going to or from work on a direct route between two portions of the employer's premises, i.e., parking lot and work premises. [Bill 371-A]
102.03 Annotation
In a proceeding on a claim for death benefits of an office worker and receptionist caused by multiple stab wounds inflicted by an unknown assailant upon the employe at the close of her working day while she alone remained in the office portion of a factory building which had been vacated by all other factory and office employes, the ILHR Department correctly found that the accident arose out of the deceased's employment, since the isolated work environment in which the deceased worked constituted a zone of special danger, and hence the positional risk doctrine was applicable. Allied Mfg., Inc. v. ILHR Dept. 45 W (2d) 563, 173 NW (2d) 690.
102.03 Annotation
The holding in Brown v. Ind. Comm, 9 W (2d) 555, that causation legally sufficient to support compensation does not require a showing of strain or exertion greater than that normally required by the applicant's work efforts, was not intended to preclude a doctor, when determining medical causation, from considering whether the employe was engaged in his usual work at the time of injury, although the doctor should not automatically conclude each time one is injured while performing a task which he previously performed on a usual or regular basis that such injury was caused by preexisting condition rather than by his employment. Pitsch v. ILHR Dept. 47 W (2d) 55, 176 NW (2d) 390.
102.03 Annotation
Where a herniated disc was diagnosed within a few days after the claimed injury, the evidence did not justify ILHR in finding that the employe did not meet his burden of proof. Erickson v. ILHR Dept. 49 W (2d) 114, 181 NW (2d) 495.
