DWD 80.51   Computation of weekly wage.

DWD 80.52   Payment of permanent disability where the degree of permanency is disputed.

DWD 80.60   Exemption from duty to insure (self-insurance).

DWD 80.61   Divided-insurance and partial-insurance requirements under s. 102.31 (1) and (6), for all employers, including contractors working on a wrap-up project.

DWD 80.62   Uninsured employers fund.

DWD 80.65   Notice of cancellation, termination, or nonrenewal.

DWD 80.67   Insurer name change.

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

DWD 80.70   Malice or bad faith.

DWD 80.72   Health service fee dispute resolution process.

DWD 80.73   Health service necessity of treatment dispute resolution process.

Ch. DWD 80 Note Note: Chapter Ind 80 was renumbered chapter DWD 80 under s. 13.93 (2m) (b) 1., Stats., Register, July, 1996, No. 487.

Ch. DWD 80 Note Note: Sections DWD 80.05, 80.08, 80.09, 80.11, 80.12, 80.13, 80.14, 80.22, 80.31, and 80.44 were renumbered to ss. HA 4.04, 4.07, 4.08, 4.10, 4.11, 4.12, 4.13, 4.15, 4.16, and 4.17 by the legislative reference bureau under s. 13.92 (4) (b) 1. and 2. and pursuant to 2015 Wisconsin Act 55, section 9151 (2) (g) in Register May 2018 No. 749. Section DWD 80.20 was renumbered to s. HA 4.05 (2) by the legislative reference bureau under s. 13.92 (4) (b) 1. and pursuant to 2021 Wisconsin Act 232, section 49 (1), in Register May 2022 No. 797.

DWD 80.01 DWD 80.01 Definitions.

DWD 80.01(1) (1) “Act,” “compensation act” or “worker’s compensation act” means ch. 102, Stats.

DWD 80.01(2) (2) “Department” means the department of workforce development.

DWD 80.01(3) (3) “Commission” means the labor and industry review commission.

DWD 80.01 History History: 1-2-56; am. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, September, 1982, No. 321, eff. 10-1-82; correction in (2) made under s. 13.93 (2m) (b) 6., Stats., July, 1996, No. 487.

DWD 80.02 DWD 80.02 Reports.

DWD 80.02(1) (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, facsimile transmission or other means authorized by the department on a case-by-case basis as communication technologies change. An insured employer shall also notify its insurance carrier of a compensable injury within 7 days after the accident or beginning of a disability from occupational disease related to the employee’s compensable injury if any of the following occurs:

DWD 80.02(1)(a) (a) Disability exists beyond the 3rd day after the employee leaves work as a result of the accident or disease. In counting the days on which disability exists, include Sunday only if the employee usually works on Sunday.

DWD 80.02(1)(b) (b) An employer’s insurance carrier has primary liability for unpaid medical treatment.

DWD 80.02(2) (2) Self-insured employers and insurance companies; reports. Except as provided in sub. (3m), for injuries under sub. (1) (a) self-insured employers and insurance companies shall submit all of the following to the department:

DWD 80.02(2)(a) (a) A first report of injury with the information required by a completed form WKC-12 on or before the 14th day after an accident or the beginning of a disability from occupational disease. If an employer does not notify the insurance carrier of the injury until after the 14th day, the insurance carrier shall submit the WKC-12 to the department within 7 days of receiving notice of the injury from any source.

DWD 80.02(2)(b) (b) A supplementary report with the information required by form WKC-13 on or before the 30th day following the day on which the injury in par. (a) occurred or on or before the 30th day following the day the injury was reported to the department, if the injury was not required to be reported under par. (a).

DWD 80.02(2)(c) (c) For injuries occurring before April 10, 2022, the wage information required by form WKC-13-A if the wage is less than the maximum wage as defined by s. 102.11 (1), Stats. The WKC-13 required in par. (b) and the WKC-13-A shall be submitted together, except that if the wage information required by form WKC-13-A is not available at the time the WKC-13 is submitted, the insurance carrier or self-insured employer shall estimate on the WKC-13 the date by which the WKC-13-A will be submitted.

DWD 80.02(2)(cm) (cm) For injuries occurring on or after April 10, 2022, the wage information required by the form WKC-13-A1 if the wage is less than the maximum wage as defined by s. 102.11 (1), Stats. The WKC-13 required in par. (b) and the WKC-13-A1 shall be submitted together, except that if the wage information required by form WKC-13-A1 is not available at the time the WKC-13 is submitted, the insurance carrier or self-insured employer shall estimate on the WKC-13 the date on which the WKC-13-A1 will be submitted.

DWD 80.02(2)(d) (d) For injuries occurring before April 10, 2022, if applicable, a signed statement from the employee verifying that the employee restricts his or her availability on the labor market to part-time employment, and is not actively employed elsewhere. The employee’s self-restriction statement shall accompany the WKC-13-A, but no statement is required if the employee is under the age of 16.