DWD 80.62(7)(a)5. 5. To prepare reports, audits or other summary information related to the program.

DWD 80.62(7)(a)6. 6. To collect overpayments from employees or their dependents or from those to whom overpayments were made on behalf of employees or their dependents where benefits were improperly paid.

DWD 80.62(7)(b) (b) Except as provided in this section, the department or its agent shall have the same rights and responsibilities in administering claims under ch. 102, Stats., as an insurer authorized to do business in this state. The department or its agent is not liable for penalties and interest due under ss. 102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57 and 102.60, Stats.

DWD 80.62(9) (9) Determining the solvency of the fund.

DWD 80.62(9)(a) (a) The department shall monitor the fund’s net balance of assets and liabilities to determine if the fund is solvent using the following accounting principles:

DWD 80.62(9)(a)1. 1. In determining the fund’s assets, the department shall not include recoveries under s. 102.29 (1), Stats., unless they are in process of payment and due within 30 days, or vouchers in the process of payment which are not fully credited to the fund’s account.

DWD 80.62(9)(a)2. 2. In determining the fund’s liabilities, the department shall estimate the ultimate reserves without discounting, and shall not include reinsurance recoveries that are less than 60 days overdue.

DWD 80.62(9)(b) (b) If the secretary determines that ultimate liabilities to the fund on known and IBNR claims exceed 85% of the cash balance in the fund, the secretary shall consult with the council on worker’s compensation. If the secretary determines that the fund’s ultimate liabilities exceed the fund’s ultimate assets, or that there is a reasonable likelihood that the fund’s liabilities will exceed the fund’s assets within 3 months, the secretary shall file the certificate of insolvency in s. 102.80 (3) (ag), Stats.

DWD 80.62(10) (10) Temporary reduction or delay of payments from the fund.

DWD 80.62(10)(a) (a) If the secretary files a certificate under s. 102.80 (3) (ag), Stats., the department shall continue to pay compensation under s. 102.81 (1), Stats., on claims reported to the department prior to the date specified in that certificate after which no new claims under s. 102.81 (1), Stats., will be accepted or paid.

DWD 80.62(10)(b) (b) If the cash balance in the fund is not sufficient to pay all compensation or other liabilities due in a timely manner, the department may temporarily reduce or delay payments on claims to employees, dependents of employees, health care providers, vocational rehabilitation specialists and others to whom the fund is liable. To manage the fund’s cash flow, the department may adopt a uniform, pro-rata reduction schedule or it may establish different payment schedules for different types of liabilities. The department may amend its payment schedule as necessary.

DWD 80.62(10)(c) (c) The department shall provide written notice to each person who does not receive timely compensation from the fund which explains the reduced or delayed payment schedule adopted by the department to resolve the cash-flow problem.

DWD 80.62 History History: Cr. Register, July, 1996, No. 487, eff. 8-1-96; CR 03-125: am. (7) (a) 3. Register June 2004 No. 582, eff. 7-1-04; CR 15-030: r. (8) Register October 2015 No. 718, eff. 11-1-15.

DWD 80.65 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., rather than the department. Whenever the Wisconsin compensation rating bureau receives notice of cancellation, termination, or nonrenewal pursuant to this section, it shall immediately notify the department of cancellation, termination, or nonrenewal.

DWD 80.65 Note Note: Notice of cancellation, termination, or nonrenewal given to the Wisconsin Compensation Rating Bureau can be submitted in electronic formats through facsimile machine transmission, electronic mail, certified mail or by personal service. This note may be updated without rulemaking at any time the means of notification are changed.

DWD 80.65 Note A person may contact the Wisconsin Compensation Rating Bureau by telephone at [phone], by visiting the website at: http://www.wcrb.org, or by writing to the following address:

DWD 80.65 Note Wisconsin Compensation Rating Bureau
P.O. Box 3080
Milwaukee, WI 53201-3080

DWD 80.65 History History: Cr. Register, September, 1982, No. 321, eff. 10-1-82; CR 03-125: am. Register June 2004 No. 582, eff. 7-1-04; CR 15-030: am. Register October 2015 No. 718, eff. 11-1-15.

DWD 80.67 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 domicile and in the state of Wisconsin. On or before the effective date of an approved name change, the insurer shall notify each of its employers insured under ch. 102, Stats., that the insurer’s name is changed. Insurers shall notify employers by an endorsement to the employer’s existing policy that states the insurer’s new name. The insurer shall file a copy of the endorsement with the Wisconsin compensation rating bureau by personal service, facsimile, or certified mail at the same time that it provides notice to its employers insured under ch. 102, Stats.

DWD 80.67 Note Note: The State of Wisconsin Office of the Commissioner of Insurance requires an advance notice of an insurer name change or reorganization. For further information, contact OCI at [phone] or [phone].

DWD 80.67 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; CR 00-181: r. and recr., Register July 2001, No. 547 eff. 8-1-01.

DWD 80.68 DWD 80.68 Payment of benefits under s. 102.59, Stats.

DWD 80.68(1) (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 there been no payment under s. 102.32 (6m), Stats., unless the preexisting disability and the disability for which primary compensation is being paid combine to result in permanent total disability.

DWD 80.68(2) (2) Payments received by an employee or dependent from an account in a financial institution or from an annuity policy where such account or annuity policy are established through settlement of the claim for primary compensation, shall be considered payments by the employer or insurance carrier.

DWD 80.68(3) (3) Payments under s. 102.59, Stats., shall be on a periodic basis but subject to s. 102.32 (6m) and (7), Stats.

DWD 80.68 Note Note: This rule is adopted to insure the solvency of the work injury supplemental benefit and to insure the protection of dependents as of the date of death of the employee with the preexisting disability.

DWD 80.68 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; CR 07-019: am. (1) and (3), Register October 2007 No. 622, eff. 11-1-07.

DWD 80.70 DWD 80.70 Malice or bad faith.

DWD 80.70(1) (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.