Wisconsin Administrative Code

DWD 75.11 Services while a hearing officer[s decision is pending. Pending the decision of a hearing officer, the department may not suspend, reduce, or terminate vocational rehabilitation services including evaluation and assessment services and IPE development unless any of the …

DWD 75.12 Hearing officer qualifications. A hearing officer shall be impartial and have knowledge of the delivery of vocational rehabilitation services, the requirements of the state plan for services under the act, federal regulations and state regulations and policy governing t…

DWD 75.13 Authority of the hearing officer. (1) The hearing officer shall conduct a prehearing conference with the parties as specified under s. DWD 75.14. The hearing officer may receive and act on motions under s. DWD 75.08, use the power of subpoena under s. 885.01, Stats., an…

DWD 75.14 Prehearing conference. (1) PURPOSE. The hearing officer shall ask the parties to participate in a prehearing conference to do one or more of the following: (a) Formulate a statement of the issue or issues presented by an appeal. (b) Identify potential witnesses and rece…

DWD 75.16 Hearing procedures. (1) HEARING IS CLOSED. A hearing shall be closed to the public as a confidential matter unless the applicant, eligible individual, or their representative files a motion to open the hearing within 5 working days in advance of the scheduled hearing. (…

DWD 75.17 Decision of the hearing officer. The hearing officer shall issue a written decision within 10 calendar days of a written motion under s. DWD 75.08 and within 30 calendar days of a hearing. The hearing officer shall provide a report of the hearing including the findings …

DWD 75.18 Hearing officer[s report. The hearing officer shall forward the recording of the hearing, a written summary of the hearing and any other items specified by contract to the hearing coordinator. The hearing coordinator shall ensure that all required materials have been re…

DWD 75.19 Review of hearing officer[s decision. (1) NOTICE OF INTENT TO REVIEW. The department, or the applicant or eligible individual, may initiate a review of the hearing officer[s decision issued under s. DWD 75.17. If the department decides to initiate a review of the hearin…

DWD 80.01 Definitions. (1) “Act,” “compensation act” or “worker’s compensation act” means ch. 102, Stats. (2) “Department” means the department of workforce development. (3) “Commission” means the labor and industry review commission. History: 1-2-56; am. Register, April, 1975, N…

DWD 80.02 Reports. (1) EMPLOYERS. An employer covered by the provisions of ch. 102, Stats., shall, within one day after the death of an employee due to a compensable injury, report the death to the department and the employer’s insurance carrier by telegraph, telephone, letter, f…

DWD 80.025 Inspection and copying of records. (1) The policy of the state on public access to records is set forth in ss. 19.31 to 19.37, Stats. The policy of the department is to provide, to the greatest extent possible, ready and open access to public records. In the worker’s c…

DWD 80.03 Compromise. (1) Whenever an employer and an employee enter into a compromise agreement concerning the employer’s liability under ch. 102, Stats., for a particular injury to that employee, the following conditions shall be fulfilled: (a) The compromise agreement shall be…

DWD 80.06 Parties. The parties to the controversy shall be known as the applicant and the respondent. The party filing the application for relief shall be known as the applicant and an adverse party as the respondent. Any party may appear in person or by an attorney or agent. His…

DWD 80.07 Service. All service of papers, unless otherwise directed by the department or by law, may be made by mail and proof of such mailing shall be prima facie proof of such service. Time within which service shall be made shall be the same as in courts of record unless other…

DWD 80.10 Stipulations. Parties to a controversy may stipulate the facts in writing, and the department may thereupon make its order or award. Stipulations must set forth in detail the manner of computing the compensation due and must be accompanied by a report from a physician s…

DWD 80.21 Reports by practitioners and expert witnesses. (1) Upon the request of the department, any party in interest to a claim under ch. 102, Stats., shall furnish to the department and to all parties in interest copies of all reports by practitioners and expert witnesses in t…

DWD 80.23 Common insurance of employer and third party. In all cases where compensation becomes payable and the insurance carrier of an employer and of a third party shall be the same, or if there is common control of the insurer of each, the insurance carrier of the employer sha…

DWD 80.25 Loss of hearing. The department adopts the following standards for the determination and evaluation of noise induced hearing loss, other occupational hearing loss and accidental hearing loss: (1) HARMFUL NOISE. Hearing loss resulting from hazardous noise exposure depend…

DWD 80.26 Loss of vision; determination. The following rules for determining loss of visual efficiency shall be applicable to all cases settled after December 1, 1941, irrespective of the date of injury, except that, in the examples for computations of compensation payable and of…

DWD 80.27 Forms. A sample copy of all forms referred to in these rules may be obtained upon a request to the Worker’s Compensation Division, Department of Workforce Development, Post Office Box 7901, Madison, WI 53707. History: Cr. Register, October, 1957, No. 22, eff. 11-1-57; a…

DWD 80.29 Value of room or meals. For the purpose of determining the value of lodging and meals for wage purposes under ch. 102, Stats., the allowance provided under ch. DWD 272 shall apply. History: Cr. Register, October, 1960, No. 58, eff. 11-1-60; am. (1) (a) and (b), Register…

DWD 80.30 Average weekly earnings for members of volunteer fire companies or fire departments. The maximum average weekly earnings under the provisions of s. 102.11, Stats., which are in effect on the date of injury shall be used in computing the amount of compensation payable to…

DWD 80.32 Permanent disabilities. Minimum percentages of loss of use for amputation levels, losses of motion, sensory losses and surgical procedures. (1) The disabilities set forth in this section are the minimums for the described conditions. However, findings of additional disa…

DWD 80.33 Permanent disabilities; fingertip amputations. In estimating permanent disability as a result of fingertip amputations, amputation of the distal one-third or less shall be considered the equivalent of 45% loss of use of the distal phalanx, amputation of not more than th…

DWD 80.34 Loss of earning capacity. (1) Any department determinations as to loss of earning capacity for injuries arising under s. 102.44 (2) and (3), Stats., shall take into account DWD 80.39 the effect of the injured employee’s permanent physical and mental limitations resultin…

DWD 80.38 Assessment of administrative expenses. (1) For purposes of determining assessment payments under s. 102.75, Stats., “indemnity paid or payable” excludes: (a) Payments made for medical, hospital or related expenses. (b) Additional payments for penalties and increased com…

DWD 80.39 Advance payment of unaccrued compensation. (1) The department may order partial or full payment of unaccrued compensation to an employee or his or her dependents pursuant to s. 102.32 (6m), Stats., upon consideration of the following factors: (a) The length of time sinc…

DWD 80.40 Assessment for unpaid claims of insolvent self-insurer. If an employer currently or formerly exempted from the duty to insure by written order of the department under s. 102.28 (2) (b), Stats., is unable to pay any award and if judgement is rendered in accordance with s…

DWD 80.41 Computation of monthly salary and reimbursement to retirement fund under s. 66.191, 1981 Stats. (1) Fringe benefits shall not be included in the computation of salary, earnings or wages under s. 66.191, 1981 Stats., unless such benefits are income for Wisconsin income t…

DWD 80.42 Vocational rehabilitation; reporting requirement. In order to determine whether or not an employee should be referred to the division of vocational rehabilitation for services, the self-insured employer or insurance carrier shall notify the department whenever temporary…

DWD 80.43 Fees and costs. Section 102.26, Stats., provides for a maximum attorney’s fee of 20% of the amount in dispute. Section 102.26 (3), Stats., places upon the department the responsibilities for fixing the fee and providing for the direct payment of the fee. In the exercise…

DWD 80.46 Contribution to support of unestranged surviving parent. In assessing support under s. 102.48, Stats., the payment of room and board by a child to his or her parent shall not be considered as contribution to support of the parent. History: Cr. Register, September, 1982,…

DWD 80.47 Medical release of employee for restricted work in the healing period. Even though an employee could return to a restricted type of work during the healing period, unless suitable employment within the physical and mental limitations of the employee is furnished by the …

DWD 80.48 Reassignment of death benefits. When a spouse who is entitled to death benefits remarries, the department shall reassign the death benefits to the children designated in ss. 102.51 (1) and 102.49, Stats., unless a showing is made that undue hardship would result for the…

DWD 80.49 Vocational rehabilitation benefits. (1) PURPOSE. The primary purpose of vocational rehabilitation benefits is to provide a method to restore an injured worker as nearly as possible to the worker’s preinjury earning capacity and potential. (2) ELIGIBILITY. The determinat…

DWD 80.50 Computation of permanent disabilities. (1) In computing permanent partial disabilities, the number of weeks attributable to more distal disabilities shall be deducted from the number of weeks in the schedule for more proximal dis- DWD 80.52 abilities before applying the…

DWD 80.51 Computation of weekly wage. Pursuant to s. 102.11, Stats. (1) In determining daily earnings, if the number of hours a full-time employee worked had been either decreased or increased for a period of at least 90 total days prior to the injury, then this revised schedule …

DWD 80.52 Payment of permanent disability where the degree of permanency is disputed. Where injury is conceded, but the employer or the employer’s insurer disputes the extent of permanent disability, payment of permanent disability shall begin with the later of sub. (1) or (2): (…

DWD 80.60 Exemption from duty to insure (self-insurance). (1) DEFINITIONS. In this section: (a) “Applicant” means a business entity applying for selfinsurance. (b) “Divided-insurance” means consent to the issuance of 2 or more policies, as provided in s. 102.31 (1), Stats. (c) “E…

DWD 80.61 Divided insurance and partial insurance requirements under s. 102.31 (1) and (7), Stats., for all employers, including contractors working on a wrap-up project. (1) DEFINITIONS. In this section: (a) “Divided-insurance” means consent to the issuance of 2 or more policies…

DWD 80.62 Uninsured employers fund. (1) PURThe purpose of this section is to clarify the department’s procedures for handling claims for compensation to injured workers under s. 102.81 (1), Stats. This section also defines the financial standards and actuarial principles which th…

DWD 80.65 Notice of cancellation, termination, or nonrenewal. Notice of cancellation, termination, or nonrenewal of a policy under ss.102.31 (2) (a) and 102.315 (10), Stats., shall be given in writing to the Wisconsin compensation rating bureau, as defined in s. 626.02 (1), Stats…

DWD 80.67 Insurer name change. A worker’s compensation insurer shall notify the department and the Wisconsin compensation rating bureau in writing 30 days before the effective date of a change in its name. The insurer shall comply with the name change requirements in its state of…

DWD 80.68 Payment of benefits under s. 102.59, Stats. (1) Payment of benefits under s. 102.59, Stats., shall initially be made to the individual entitled to the benefits at such time as payments of primary compensation by the employer cease to be made or would have been made had …

DWD 80.70 Malice or bad faith. (1) An employer who unreasonably refuses or unreasonably fails to report an alleged injury to its insurance company providing worker’s compensation coverage, shall be deemed to have acted with malice or bad faith. (2) An insurance company or self-in…

DWD 80.72 Health service fee dispute resolution process. (1) PURPOSE. The purpose of this section is to establish the procedures and requirements for resolving a dispute under s. 102.16 (2), Stats., between a health service provider and an insurer or self-insured employer over th…

DWD 80.73 Health service necessity of treatment dispute resolution process. (1) PURPOSE. The purpose of this section is to establish the procedures and requirements for resolving a dispute under s. 102.16 (2m), Stats., between a health service provider and an insurer or self-insu…