Wisconsin Administrative Code

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…

DWD 801.01 Authority and purpose. This chapter is created to establish the rules that shall govern the administration and granting of funds for the training of unemployed and underemployed workers and incumbent employees in this state, as authorized under s. 106.27 (1), Stats.

DWD 801.02 Applicability. This chapter applies to the department, to applicants for grants awarded by the department, and to public and private organizations that are awarded grants by the department, all in connection with workforce training grants applied for and awarded under …

DWD 801.03 Definitions. In this chapter: (1) XAdministrative costsY means costs associated with a grantee[s general administration of a grant, such as office supplies and the wages and benefits of staff who perform functions related to the administration of the grant but who do n…

DWD 801.04 Eligibility. (1) ELIGIBLE APPLICANTS. Any public or private organization that is current on all federal and state tax obligations, is in compliance with applicable federal and state laws and regulations, and is financially viable is eligible to receive grant funds. (2)…

DWD 801.05 Application. (1) WHO MAY APPLY. An applicant may be any of the following: (a) A public organization. (b) A private organization. (c) A consortium of placement partners with a lead public or private organization serving as the applicant. (2) SOLICITATION. The department…

DWD 801.06 Grant awards. (1) MAKING AWARDS. Except as provided in sub. (2), for each GPA, the department shall award a grant to the applicant with the highest numerical score under s. DWD 801.05 (6). (2) EXCEPTIONS. In reviewing a grant application, the department may do any of t…

DWD 801.07 Restrictions. (1) PROHIBITED USE OF FUNDS. Grant funds shall be used only for the payment or reim-

DWD 801.08 Match requirement. Match contributions determined by the department under s. 106.27 (1) (intro.), Stats., are subject to all of the following criteria: (1) The match contributions shall be from private funds or from public funds specifically authorized by federal or st…

DWD 801.09 Use of grant funds. (1) ALLOWABLE USES. A grantee may use grant funds received under this chapter for any of the following: (a) Developing or implementing curriculum for projects that are designed to do any of the following: 1. Increase the skills of unemployed workers…

DWD 801.10 Amount of grants. (1m) Subject to subs. (3) and (4), the amount of a grant shall be based on the following: (a) The amount requested by the applicant and approved by the department. (b) The amount of match contributions by the applicant under s. DWD 801.08 that are app…

DWD 801.11 Reporting requirements. (1) A grantee shall submit to the department data and information on the use 4 and effect of the grant funds as specified in this section and in any grant guidelines issued under s. DWD 801.05 (3) (d). The grantee shall authorize the department …

DWD 801.12 Assurances and certifications. Each grantee shall assure and certify that the grantee and its contractors are in compliance with all of the following: (1) AUTHORITY TO SIGN AND ACCEPT FUNDS. The grantee shall certify that the designated signatory official has the autho…

DWD 802.01 Authority and purpose. This chapter is created to establish the rules for administering and awarding technical education grants to applicants, as defined in s. DWD 802.03 (1). History: EmR2001: emerg. cr., eff. 2-25-20; CR 20-015: cr. Register April 2022

DWD 802.02 Applicability. This chapter applies to the department, applicants for grants, and school districts in this state that are awarded grants for technical education equipment under s. 106.275, Stats. History: EmR2001: emerg. cr., eff. 2-25-20; CR 20-015: cr. Register April…

DWD 802.03 Definitions. In this chapter: (1) XApplicantY means a school district or a consortium consisting of multiple school districts in this state that applies to the department for a grant. (2) XDepartmentY means the department of workforce development. (3) XGrantY means an …