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Wisconsin Workers' Compensation Legal Library


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80.02 Reports.

(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:

(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.
(b) An employer's insurance carrier has primary liability for unpaid medical treatment.
(2) SELF-;INSURED EMPLOYERS AND INSURANCE COMPANIES; REPORTS. Except as provided in sub. (3m) , for injuries under sub.

(a) self-;insured employers and insurance companies shall submit all of the following reports to the department:

(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.

(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) .
(c) 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.
(d) 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 statement shall accompany the WKC-;13-;A, but no statement is required if the employee is under the age of 16.
(e) A report within 30 days after each of the following events occurs, with a copy to the employee, using form WKC-;13 indicating all worker's compensation payments to date and the periods of time for which any of the following payments were made or salary continuation paid in lieu of compensation:
  1. Payment of compensation is changed from temporary disability or salary continuation in lieu of compensation to permanent disability.

  2. Temporary disability benefits or salary continuation in lieu of compensation are reinstated.

  3. Temporary partial disability is paid. The insurance carrier or self-;insured employer shall also include the information required by form WKC-;7359.

  4. Final payment of compensation is made or salary continuation paid in lieu of compensation ended. If there are more than 3 weeks of temporary disability or any permanent disability, or if the

employee has undergone surgery to treat the injured employee's injury, other than surgery to correct a hernia, or if the injured employee sustained an eye injury requiring treatment on 3 or more occasions outside of the employers premises, the insurance carrier or self-;insured employer shall submit a final treating practitioner's report together with the final form WKC-;13 or shall explain why the report is not being submitted and shall estimate when the final treating practitioner's report will be submitted.

5. When a self-;insured employer or insurance company transfers an open claim, with 26 weeks or more of temporary disability or permanent total disability paid, to a new claims handling office or third party administrator, the self-;insured employer or insurance company shall file a paper form WKC-;13 with the new claims handling office or third party administrator. The self-; insured employer or insurance company shall file a paper copy of the form WKC-;13 with the department upon request made by the department. The department may require a self-;insured employer or insurance company to submit form WKC-;13 for open claims with less than 26 weeks of temporary disability or permanent total disability paid upon request made by the department.

(f) When submitting a stipulation or compromise, and at the time of hearing, a current form WKC-;13 indicating all worker's compensation payments to date and the periods of time for which these payments were made.
(g) Written notice within 7 days, with a copy to the employee, after each of the following:
  1. Payments are stopped for any reason. If any payments are stopped for a reason other than the employee's return to work, the self-;insured employer or insurance carrier shall explain why it stopped payments and shall advise the employee what to do to reinstate payments.

  2. A decision to deny liability for payment of compensation for reported claims after a concession of liability is made, giving the reason for the denial and advising the employee of the right to a hearing before the department.

3. Amputation will require an artificial member or appliance.

(i) If increased compensation is due, a final receipt within 30 days of the final payment to the employee, as proof of payment of that increased compensation.
(j) If the employee fails to return to a practitioner for a final examination, written notice within 30 days, with a copy to the employee, advising the employee that in order to determine permanent disability, if any, the final examination is necessary.
(k) By June 30 of each calendar year, a self-;insured employer or insurance company shall file a report with the department that lists the date and amount of payment for permanent total disability and supplemental benefits paid during the previous calendar year on a form prescribed by the department.

Note: To obtain a copy of the forms under this subsection, contact the Department of Workforce Development, 201 East Washington Avenue, P.O. Box 7901, Madison, Wisconsin 53707-;7901 or access forms online at http://www.dwd.wisconsin.gov.

(2m) SELF-;INSURED EMPLOYERS AND INSURANCE COMPANIES; NOTICE TO EMPLOYEE. (a) For all injuries under sub. (1) (a) , self-; insured employers and insurance companies shall provide written notice to the employee within 14 days of the date of an alleged injury indicating one of the following:

  1. A decision to deny liability for payment of compensation giving the specific reason for the denial and advising the employee of the right to a hearing before the department.

  2. An explanation that the claim is not paid because the insurance company or self-;insured employer is still investigating the claim. The notice shall specify if additional medical or other information is needed to complete the investigation. The notice shall advise the employee of the right to a hearing before the department if the claim is subsequently denied.

(b) If the notice of injury from the employee to the insured employer or from the insured employer to its insurance company was not made within 7 days of the date of the alleged injury, the insurance company shall provide notice under par. (a) 1. or 2. within 14 days of receiving notice of the alleged injury from any source.

(3) EVALUATION. In evaluating whether payments of compensation and reports made by insurance carriers and self-;insured employers were prompt and proper under the provisions of ss.

102.28 (2) and 102.31 (3) , Stats., and before undertaking to revoke the exemption from insurance under s. 102.28 (2) (c) , Stats., or before recommending under s. 102.31 (3) , Stats., to the commissioner of insurance that enforcement proceedings under s. 601.64 , Stats., be invoked the department will consider all of the following performance standards together with all other factors bearing on the performance and activities of the insurance carrier or self-;insured employer:

(a) Payment of first indemnity. Whether 80% or more of first indemnity payments are mailed to the injured employee in 14 days or less following the date of injury or the last day worked after the injury before the first day of compensable lost time.
(b) First report of injury. Whether 70% or more of reports required under sub. (2) (a) are received by the department within 14 days of the date of injury or the last day worked after injury before the first day of compensable lost time.
(c) Correct and complete names. Names of self-;insured employers on reports filed with the department must be correct and complete. The name of an insurance group is not a substitute for the name of the individual company insuring the risk. The name of an insurance service company is not a substitute.
(d) Penalty frequency and severity. The number and amount of penalties assessed for violations of ss. 102.18 (1) (bp) , 102.22 (1) , 102.57 , and 102.60 , Stats.

(3m) REPORTING BY ELECTRONIC, MAGNETIC OR OTHER MEDIA.

(a) Employer or insurer request. 1. An employer, self-;insured employer or insurer may make a written request to the department to submit the information in reports or amendments to reports required to be filed with the department in sub. (1) or (2) via electronic, magnetic or other media satisfactory to the department. The department may authorize an employer, self-;insured employer or insurer to use electronic, magnetic or other reporting media after considering the extent to which it will help the employer, self-;insured employer or insurer meet or exceed the applicable reporting requirements and performance standards in subs. (1) to (3) .

2. The authorization shall be in writing and shall state the terms and conditions for granting and revoking the privilege to use electronic, magnetic or other reporting media, including any terms and conditions relating to reporting requirements or performance standards in subs. (1) to (3) . The written authorization shall specify what variations exist, if any, between the data required to be submitted on forms WKC-;12, WKC-;13, WKC-;13-;A, or other forms that are used by the department and the data required to be submitted via electronic, magnetic or other media.

(b) Department requirement. 1. The department may require an employer, self-;insured employer, or insurer to submit all or selected information in reports or amendments to reports required to be filed with the department in sub. (1) or (2) via electronic, magnetic, or other media satisfactory to the department. The department may require an employer, self-;insured employer, or insurer to use electronic, magnetic, or other reporting media after considering the extent to which it will help the employer, self-; insured employer, or insurer meet or exceed the applicable reporting requirements and performance standards in subs. (1) to (3) .

  1. The directive that requires reporting by electronic, magnetic, or other media shall be in writing and shall set forth terms and conditions that include a deadline for compliance.

  2. An employer, self-;insured employer, or insurer may request a waiver within 60 days of the date of the department's directive that requires reporting by electronic, magnetic, or other media. The department may grant the waiver if the department is satisfied that the employer, self-;insured employer, or insurer has

    established good cause.

    History: 1-;2-;56 ; am. (1) and (2), Register, October, 1965, No. 118 , eff. 11-;1-;66; am. Register, April, 1975, No. 232 , eff. 5-;1-;75; am. (1), r. and recr. (2), Register, Sep tember, 1982, No. 321 , eff. 10-;1-;82; am. (2) (intro.) and cr. (3), Register, September, 1986, No. 369 , eff. 10-;1-;86; renum. (1) to be (1) (a) and am., cr. (1) (b) and (3m), am. (2) (intro.), Register, November, 1993, No. 455 , eff. 12-;1-;.93; r. and recr. (1) and (2), am. (3) (intro.), (a), (b), (3m) (b) and r. (3m) (c), Register, December, 1997, No. 504 , eff. 1-;1-;98; CR 03-;125 : am. (2) (b) and (g) 2., r. (2) (h), cr. (2m) and (3m) (b), renum. (3m) (a) and (b) to be (3m) (a) 1. and 2. Register June 2004 No. 582 , eff. 7-;1-;04; CR 07-;019 : am. (2) (e) 4., Register October 2007 No. 622 , eff. 11-;1-;07; CR 15-;030 : am. (2) (e) (intro.), 1., 2., 4., cr. (2) (e) 5., (k) Register October 2015 No. 718 , eff. 11-;1-;15.



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