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)(a) (a) The length of time since the injury;

DWD 80.39(1)(b) (b) The total income of the employee or the dependent;

DWD 80.39(1)(c) (c) The income of others in the employee’s or the dependent’s household;

DWD 80.39(1)(d) (d) The age of the employee or the dependent;

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;

DWD 80.39(1)(g) (g) The purpose for which the advancement is requested;

DWD 80.39(1)(h) (h) The other financial obligations of the employee or the dependent;

DWD 80.39(1)(i) (i) The employment status of the employee or the dependent;

DWD 80.39(1)(j) (j) If the advancement is requested for the purchase of real estate, the cost of the real estate and availability of other necessary financing for the real estate;

DWD 80.39(1)(k) (k) The employee’s or the dependent’s previous experience in and likelihood of success in a proposed business venture;

DWD 80.39(1)(L) (L) The probable income and security of any proposed investment; and

DWD 80.39(1)(m) (m) Other information indicating whether an advancement is in the best interest of the applicant.

DWD 80.39 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; CR 07-019: am. (1), Register October 2007 No. 622, eff. 11-1-07.

DWD 80.40 DWD 80.40 Assessment for unpaid claims of insolvent self-insurer. If an employer currently or formerly exempted from the duty to insure by order of the department under s. 102.28 (7) (b), Stats., is unable to pay any award and if judgement against such employer is returned unsatisfied, the department shall determine payment into the fund established by s. 102.28 (8), Stats., as follows:

DWD 80.40(1) (1) The department shall prepare an estimate of the payments that should be made by the insolvent exempt employer for a period of one year. If the department elects to retain an insurance carrier or insurance service organization under s. 102.28 (7), Stats., the department will prepare an estimate of the charges that will be made by such carrier or organization to process, investigate and pay such claims for the same one year period. The sum of these 2 amounts shall be divided by the total number of employers exempted under s. 102.28 (2), Stats.

DWD 80.40(2) (2) The department shall assess and order payment within 30 days by each exempt employer the amount determined under sub. (1) to the state treasurer for deposit in the fund created by s. 102.28 (8), Stats.

DWD 80.40(3) (3) The department shall prepare an estimate of the total remaining liability of the insolvent exempt employer and an estimate of the amount that may be recovered from that employer, its receiver or trustee in bankruptcy. Such estimates shall be communicated to all exempt employers.

DWD 80.40(4) (4) At least annually following the original order the department shall estimate the amount due and payable during the following year and the charges expected from any insurance carrier or claims service for such year and assess and order payment by each exempt employer its pro rata share determined as provided by s. 102.28 (7) (b), Stats.

DWD 80.40(5) (5) At the time orders are issued under sub. (4) the department shall prepare an estimate of the remaining liability of the insolvent exempt employer and the amount that may reasonably be expected to be recovered from such employer, its receiver or trustee in bankruptcy. Such estimates will be communicated to all exempt employers.

DWD 80.40(6) (6) All money due and payable to injured employees which remain unpaid shall be considered money payable during the following year in making estimates.

DWD 80.40(7) (7) All money recovered by the attorney general and paid into the fund shall be used in the payment of unpaid claims and shall be taken into account in making estimates and assessments.

DWD 80.40 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86.

DWD 80.41 DWD 80.41 Computation of monthly salary and reimbursement to retirement fund under s. 66.191, 1981 Stats.

DWD 80.41(1) (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 tax purposes.

DWD 80.41(2) (2) An eligible employee under s. 66.191, 1981 Stats., shall file with the department before an award is entered, as provided in s. 66.191, 1981 Stats., a waiver of disability annuity payments which may be due under s. 40.63, Stats., and further shall consent to reimbursement to the Wisconsin retirement fund of all disability benefits recovered under the provisions of s. 40.63, Stats.

DWD 80.41 Note Note: 1983 Wis. Act 191 repealed s. 66.191, 1981 Stats. However, people are still receiving benefits under this statute.

DWD 80.41 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; corrections in (title), (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2015 No. 711.