DWD 80.26 NoteNote: Example of computation covering partial disability to both eyes
DWD 80.26 NoteNote: Example of compensation covering enucleation of one eye and partial disability of the other eye
DWD 80.27DWD 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. DWD 80.27 HistoryHistory: Cr. Register, October, 1957, No. 22, eff. 11-1-57; am. (1), Register, October, 1965, No. 118, eff. 12-1-65; am. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, September, 1982, No. 321, eff. 10-1-82; correction made under s. 13.93 (2m) (b) 6., Stats., Register, July, 1996, No. 487, eff. 8-1-96. DWD 80.29DWD 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. DWD 80.29 HistoryHistory: Cr. Register, October, 1960, No. 58, eff. 11-1-60; am. (1) (a) and (b), Register, October, 1963, No. 94, eff. 11-1-63; r. and recr. Register, January, 1967, No. 133, eff. 2-1-67; am. Register, November, 1970, No. 179, eff. 12-1-70; r. and recr. Register, April, 1975, No. 232, eff. 5-1-75; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1996, No. 487, eff. 8-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1997, No. 504. DWD 80.30DWD 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 an employee as defined by s. 102.07 (7), Stats., except as specific showing may be made in an individual case that such wage is not proper. DWD 80.30 HistoryHistory: Cr. Register, June, 1961, No. 66, eff. 7-1-61. DWD 80.32DWD 80.32 Permanent disabilities. Minimum percentages of loss of use for amputation levels, losses of motion, sensory losses and surgical procedures. DWD 80.32(1)(1) The disabilities set forth in this section are the minimums for the described conditions. However, findings of additional disabling elements shall result in an estimate higher than the minimum. The minimum also assumes that the member, the back, etc., was previously without disability. Appropriate reduction shall be made for any preexisting disability. DWD 80.32 NoteNote: An example would be where in addition to a described loss of motion, pain and circulatory disturbance further limits the use of an arm or a leg. A meniscectomy in a knee with less than a good result would call for an estimate higher than 5% loss of use of the leg at the knee. The same principle would apply to surgical procedures on the back. The schedule of minimum disabilities contained in this section was adopted upon the advice of a worker’s compensation advisory council subcommittee after a survey of doctors experienced in treating industrial injuries.
All ranges of joint motion or degrees of ankylosis not listed below are to be interpolated from existing percent of disability listed.
DWD 80.32 NoteNote: It is the subcommittee’s intention that a separate minimum 5% allowance be given for every surgical procedure (open or closed, radical or partial) that is done to relieve from the effects of a disc lesion or spinal cord pressure. Each disc treated or surgical procedure performed will qualify for a 5% rating. Due to the fact a fusion involves 2 procedures a 1) laminectomy (dissectomy) and a 2) fusion procedure, 10% permanent total disability will apply when the 2 surgical procedures are done at the same time or separately.
DWD 80.32 HistoryHistory: Cr. Register, October, 1965, No. 118, eff. 11-1-65; r. and recr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. (1), Register, September, 1982, No. 321, eff. 10-1-82; cr. (13) and (14), Register, September, 1986, eff. 369, eff. 10-1-86; am. (intro.), (3) to (5), (7), (9), (11) and (12) (a) and (b), Register, June, 1994, No. 462, eff. 7-1-94; reprinted to restore dropped copy in (1), Register, March, 1995, No. 471; CR 07-019: am. (11), Register October 2007 No. 622, eff. 11-1-07. DWD 80.33DWD 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 the distal two-thirds but more than the distal one-third shall be considered the equivalent of 80% loss of use of the distal phalanx, and amputation of more than the distal two-thirds shall be considered as 100% loss of the distal phalanx, provided there is not added disability as a result of malformed nail or tissue. In no case shall the allowance be greater than it would have been for amputation of the entire distal phalanx. DWD 80.33 HistoryHistory: Cr. Register, October, 1965, No. 118, eff. 11-1-65; am. Register, November, 1970, No. 179, eff. 12-1-70. DWD 80.34(1)(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 the effect of the injured employee’s permanent physical and mental limitations resulting from the injury upon present and potential earnings in view of the following factors: DWD 80.34(1)(i)(i) Willingness to make reasonable change in a residence to secure suitable employment; DWD 80.34(1)(j)(j) Success of and willingness to participate in reasonable physical and vocational rehabilitation program; and DWD 80.34 HistoryHistory: Cr. Register, September, 1982, No. 321, eff. 10-1-82. DWD 80.38DWD 80.38 Assessment of administrative expenses. DWD 80.38(1)(1) For purposes of determining assessment payments under s. 102.75, Stats., “indemnity paid or payable” excludes: DWD 80.38(1)(a)(a) Payments made for medical, hospital or related expenses. DWD 80.38(1)(b)(b) Additional payments for penalties and increased compensation. DWD 80.38(1)(c)(c) Payments made into the work injury supplemental benefit fund. DWD 80.38(1)(d)(d) Payments made from the work injury supplemental benefit fund other than those paid under s. 102.44 (1), Stats. DWD 80.38(1)(f)(f) Payments made under statutory provisions other than those of ch. 102, Stats. DWD 80.38(1)(g)(g) Payments made pursuant to a compromise agreement to the extent that they cannot be determined to be indemnity paid or payable under sub. (2). DWD 80.38(2)(2) For purposes of determining assessment payments under s. 102.75, Stats., “indemnity paid or payable” includes: DWD 80.38(2)(a)(a) Supplemental benefit payments made under s. 102.44 (1), Stats., from the work injury supplemental benefit fund if they were determined to be payable prior to the time the case is initially closed. DWD 80.38(2)(c)(c) Portions of social security benefits, sick leave, holiday pay, salary and other wage continuation payments which offset or are paid in lieu of the daily or weekly indemnity due. DWD 80.38 HistoryHistory: Cr. Register, September, 1984, No. 345, eff. 10-1-84. DWD 80.39DWD 80.39 Advance payment of unaccrued compensation. DWD 80.39(1)(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: DWD 80.39(1)(c)(c) The income of others in the employee’s or the dependent’s household; DWD 80.39(1)(e)(e) The other available assets of the employee or the dependent; DWD 80.39(1)(f)(f) The loss of benefits because of interest credit due to self-insured employer or insurance carrier;
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Department of Workforce Development (DWD)
Chs. DWD 80-81; Worker’s Compensation
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