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Wisconsin Workers' Compensation Legal Library

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102.59 Preexisting disability, indemnity.

(1) Subject to any certificate filed under s. 102.65 (4) , if at the time of injury an employee has permanent disability that if it had resulted from that injury would have entitled the employee to indemnity for 200 weeks and if as a result of that injury the employee incurs further permanent disability that entitles the employee to indemnity for 200 weeks, the employee shall be paid from the funds provided in this section additional compensation equivalent to the amount that would be payable for that previous disability if that previous disability had resulted from that injury or the amount that is payable for that further disability, whichever is less, except that an employee may not be paid that additional compensation if the employee has already received compensation under this subsection. If the previous and further disabilities result in permanent total disability, the additional compensation shall be in such amount as will complete the payments that would have been due had the permanent total disability resulted from that injury. This additional compensation accrues from, and may not be paid to any " person before, the end of the period for which compensation for permanent disability resulting from the injury is payable by the employer, and shall be subject to s. 102.32 (6) , (6m) , and (7) . No compromise agreement of liability for this additional compensation may provide for any lump sum payment.

(1m) A compromise order issued under s. 102.16 (1) may not be admitted as evidence in any action or proceeding for benefits compensable under this section.

In the case of the loss or of the total impairment of a hand, arm, foot, leg, or eye, the employer shall pay $20,000 into the state treasury. The payment shall be made in all such cases regardless of whether the employee or the employee's dependent or personal representative commences action against a 3rd party as provided in s. 102.29 .
All payments received under this section shall be deposited in the fund established by s. 102.65 .

History: 1971 c. 148 ; 1971 c. 260 s. 92 (4) ; 1973 c. 150 ; 1975 c. 147 ; 1977 c. 195 ; 1981 c. 92 ; 1985 a. 83 , 173 ; 1987 a. 179 ; 2001 a. 37 ; 2003 a. 144 ; 2005 a. 172 ; 2011

a. 183 . Cross-reference: See also s. DWD 80.68 , Wis. adm. code. The fund was not liable for disability benefits when an employer was liable for per

manent total disability. Green Bay Soap Co. v. DILHR, 87 Wis. 2d 561 , 275 N.W.2d 190 (Ct. App. 1979).

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