State News : Wisconsin

• Average Weekly Wage: Based on wages earned in 52 weeks prior to the injury; $30 minimum.  Average annual earnings are equal to 50 times AWW (§102.11(1)(2)).
• Burial Expenses: Effective 05/01/10, maximum burial expense is $10,000 (§102.50).
• Death Benefit: Up to four years’ average annual wage (200 times average weekly wage but see secs. 102.46-51 Wis. Stats. for specific conditions).  Payments are paid weekly at TTD rate (§102.48(3)).  2026 maximum wage rate increases death benefit for fatal injuries occurring on or after January 1, 2026 to $412,500; Un-estranged parents benefit remains at $6,500.00; $20,000 payment into State Fund (§102.49)
• Disfigurement: Up to one year’s wages, subject to maximum ($102,125 max as of 01/01/26, §102.56); only applicable if Applicant does not return to work.
• Fractional Weeks: TTD benefits are paid for each day except Sunday, at the daily rate of one-sixth of the weekly rate (§102.11).
• Maximum Meal Allowance: Breakfast - $8; Lunch - $9; Dinner - $17.
• Medical Records: Health care providers must furnish certified copies of relevant records upon request.  Charges may not exceed the greater of $.45 per page or $7.50 per request, plus actual postage, or $26 per request for electronic records (§102.13(2)(b)).
• Medical Treatment: No limit on medical treatment reasonably and necessarily required to cure or relieve the injury (§102.42(1)).  Please note that Wisconsin does not have a fee schedule.
• Medicare Set Aside Thresholds:  If the Applicant has a “reasonable expectation” of Medicare entitlement within 30 months and the settlement exceeds $250,000 OR if the Applicant is currently a Medicare beneficiary and the settlement exceeds $25,000, a MSA can be submitted to CMS.   “Reasonable expectation” includes Applicants that are 62 ½ years old, or on Social Security Disability, or appealing a Social Security Disability determination.
• Mileage: As of 7/1/12 = $0.51 per mile
• Multiple Injury Variations: Benefits are increased if an injury causes more than one compensable permanent disability (see sec. 102.53, Wis. Stats.).  Schedule applicable to proximal injuries is reduced by disability resulting from more distal injuries (see DWD 80.50).
• Permanent Partial Disability (PPD): Rate is set by statute.  Maximum rate depends on injury date.  Unscheduled injuries are measured by functional limitations or loss of earning capacity, whichever is greater. 
• Statute of Limitations: *6 years prior to 01/01/78       *10 years as of 01/01/78     *12 years as of 05/13/80 *6 years for traumatic injuries as of 3/2/16 (occupational injuries remain at 12 years)

The statute of limitations has been eliminated for injuries resulting in loss or total impairment of hand or any part of rest of arm proximal to hand, foot or any part of rest of leg proximal to foot, any loss of vision, any permanent brain injury or any injury causing need for total or partial knee or hip replacement.  Said claims shall be covered under Work Injury Benefit Supplemental Fund under secs. 102.17(4) and 102.66(1)(2), Stats., if the last date of compensation or injury was before 4/1/06; otherwise, it is the carrier’s responsibility.

• Supplemental Benefits: Maximum benefit rate increased to $669 per week as of 03/02/16 (§102.44(1)).
• Temporary Partial Disability (TPD):  TPD rate is the ratio of actual wage loss during disability to average weekly wage times the TTD rate (i.e., an employee limited to half-time work receives one-half the TTD rate - §102.43(2)(3)).
• Temporary Total and Permanent Total Disability (TTD & PTD): Two-thirds of average weekly wage.  Maximum rate depends on date of injury; PTD benefits are paid for life (§102.11 & 102.44).
• Unreasonable Refusal to Rehire: Maximum penalty of up to one year’s wages. (§102.35(3)).
• Vocational Rehabilitation: TTD and travel expenses are paid during training.  For claims after 4/16/12, also responsible for tuition, books, and fees.  If training takes place away from the employee’s residence, actual and necessary maintenance expenses are also paid (§102.61).
• Vocational Rehabilitation Limit: The maximum annual limit for services provided by private vocational rehabilitation specialists is $2,183.00 (effective 01/01/26).
• Waiting Period: Three days.  If disability (temporary or permanent) exists after 7-calendar days from the date the employee leaves work as a result of the injury, benefits are paid for the waiting period (§102.43).

On March 22, 2024, Governor Tony Evers signed into law 2023 Wisconsin Assembly Bill 1073, now 2023 Wisconsin Act 213 (the Act), which was originally introduced by the Committee on Labor and Integrated Employment on February 8, 2024. The Act’s effective date was March 24, 2024.

Most notably, the Act provides amendments to Chapter 102 regarding: (1) the weekly permanent partial disability (PPD) rate for the remainder of 2024 and 2025, (2) the statute of limitations run date after compromise agreement approval, and (3) voluntary advancements in PPD.

I.               Weekly PPD Rate

The Act increases the maximum weekly PPD rate to $438 (previously $430) for injuries occurring on or after the effective date of the Act through December 31, 2024. The Act also increases the weekly PPD rate to $446 for injuries occurring on or after January 1, 2025.

Therefore, all PPD benefits for injuries occurring on or after March 24, 2024, need to be paid at the rate of $438. Further, all PPD benefits for injuries occurring on or after January 1, 2025, need to be paid at the rate of $446.

II.             Statute of Limitations

Previously, Wis. Stat. §102.17(4) was silent regarding the effect of a compromise agreement on the statute of limitations. This Act provides clarification regarding when the statute of limitations (12 years for occupational injuries and 6 years for traumatic injuries) begins to run, stating that it “begins to run on the date an order is issued by the division approving a compromise agreement.”

Previously, the Division had the ability to hold open claims that were settled on a limited basis, thereby halting the statute of limitations, potentially indefinitely. The new language in the Act changes that practice, ensuring that the Division’s holding of claims has no effect on the statute of limitations.  This is a welcome change for all employers and workers’ compensation carriers as it guarantees that the statute of limitations will continue to run even if a claim is resolved on a limited basis.

III.           Advancements in PPD

It remains that the department or the division has the authority to direct an advance on the payment of unaccrued compensation for permanent disability or death benefits if it is determined to be in the best interest of the injured employee or employee’s dependents; the employer or insurer shall be given a 5% interest credit in such situations. Now, the Act also allows advancements on PPD to be made voluntarily by an employer or insurer, without DWD authority, if the claim is undisputed. If an employer or insurer decides to voluntarily advance unaccrued PPD, the employer or insurer cannot impose any interest credit.

This additional provision allows employers and insurers to pay out “lump sum” PPD awards in full, prior to their accrual. This way, employers and insurers can close their files rather than continue to pay out benefits over the accrual period. Nevertheless, it is important to note that opting for advancement in PPD payments will not affect the statute of limitations, as the statute of limitations is based on the date the last PPD payment should have been made, if paid as it accrues. In other words, paying PPD in a lump sum will not speed up the statute of limitations.