Wisconsin Statutes & Annotations
Chapter 102 - Worker's compensation.
102.175 - Apportionment of liability.

102.175 Apportionment of liability.
(1) If it is established at the hearing that 2 or more accidental injuries, for each of which a party to the proceedings is liable under this chapter, have each contributed to a physical or mental condition for which benefits would be otherwise due, liability for such benefits shall be apportioned according to the proof of the relative contribution to disability resulting from the injury.
(2) If after a hearing or a prehearing conference the division determines that an injured employee is entitled to compensation but that there remains in dispute only the issue of which of 2 or more parties is liable for that compensation, the division may order one or more parties to pay compensation in an amount, time, and manner as determined by the division. If the division later determines that another party is liable for compensation, the division shall order that other party to reimburse any party that was ordered to pay compensation under this subsection.
(3)
(a) If it is established by the certified report of a physician, podiatrist, surgeon, psychologist, or chiropractor under s. 102.17 (1) (d) 1., a record of a hospital or sanatorium under s. 102.17 (1) (d) 2., or other competent evidence that an injured employee has incurred permanent disability, but that a percentage of that disability was caused by an accidental injury sustained in the course of employment with the employer against whom compensation is claimed and a percentage of that disability was caused by other factors, whether occurring before or after the time of the accidental injury, the employer shall be liable only for the percentage of permanent disability that was caused by the accidental injury. If, however, previous permanent disability is attributable to occupational exposure with the same employer, the employer is also liable for that previous permanent disability so established.
(b) A physician, podiatrist, surgeon, psychologist, or chiropractor who prepares a certified report under s. 102.17 (1) (d) 1. relating to a claim for compensation for an accidental injury causing permanent disability that was sustained in the course of employment with the employer against whom compensation is claimed shall address in the report the issue of causation of the disability and shall include in the report an opinion as to the percentage of permanent disability that was caused by the accidental injury and the percentage of permanent disability that was caused by other factors, including occupational exposure with the same employer, whether occurring before or after the time of injury.
(c) Upon request of the department, the division, the employer, or the employer's worker's compensation insurer, an injured employee who claims compensation for an injury causing permanent disability shall disclose all previous findings of permanent disability or other impairments that are relevant to that injury.
History: 1979 c. 278; 1993 a. 81; 2015 a. 55, 180; 2021 a. 238 s. 45.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 102 - Worker's compensation.

102.01 - Definitions.

102.03 - Conditions of liability.

102.04 - Definition of employer.

102.05 - Election by employer, withdrawal.

102.06 - Joint liability of employer and contractor.

102.07 - Employee defined.

102.075 - Election by sole proprietor, partner or member.

102.076 - Election by corporate officer.

102.077 - Election by school district or private school.

102.078 - Election by real estate firm.

102.08 - Administration for state employees.

102.11 - Earnings, method of computation.

102.12 - Notice of injury, exception, laches.

102.123 - Statement of employee.

102.125 - Fraud reporting, investigation, and prosecution.

102.13 - Examination; competent witnesses; exclusion of evidence; autopsy.

102.14 - Jurisdiction of department and division; advisory committee.

102.15 - Rules; transcripts.

102.16 - Submission of disputes, contributions by employees.

102.17 - Procedure; notice of hearing; witnesses, contempt; testimony, medical examination.

102.175 - Apportionment of liability.

102.18 - Findings, orders and awards.

102.19 - Alien dependents; payments through consular officers.

102.195 - Employees confined in institutions; payment of benefits.

102.20 - Judgment on award.

102.21 - Payment of awards by local governmental units.

102.22 - Penalty for delayed payments; interest.

102.23 - Judicial review.

102.24 - Remanding record.

102.25 - Appeal from judgment on award.

102.26 - Fees and costs.

102.27 - Claims and awards protected; exceptions.

102.28 - Preference of claims; worker's compensation insurance.

102.29 - Third party liability.

102.30 - Other insurance not affected; liability of insured employer.

102.31 - Worker's compensation insurance; policy regulations.

102.315 - Worker's compensation insurance; employee leasing companies.

102.32 - Continuing liability; guarantee settlement, gross payment.

102.33 - Forms and records; public access.

102.35 - Penalties.

102.37 - Employers' records.

102.38 - Records and reports of payments.

102.40 - Reports not evidence in actions.

102.42 - Incidental compensation.

102.425 - Prescription and nonprescription drug treatment.

102.43 - Weekly compensation schedule.

102.44 - Maximum limitations.

102.45 - Benefits payable to minors; how paid.

102.46 - Death benefit.

102.47 - Death benefit, continued.

102.475 - Death benefit; law enforcement and correctional officers, fire fighters, rescue squad members, diving team members, national or state guard members and emergency management personnel.

102.48 - Death benefit, continued.

102.49 - Additional death benefit for children, state fund.

102.50 - Burial expenses.

102.51 - Dependents.

102.52 - Permanent partial disability schedule.

102.53 - Multiple injury variations.

102.54 - Injury to dominant hand.

102.55 - Application of schedules.

102.555 - Occupational deafness; definitions.

102.56 - Disfigurement.

102.565 - Toxic or hazardous exposure; medical examination; conditions of liability.

102.57 - Violations of safety provisions, penalty.

102.58 - Decreased compensation.

102.59 - Preexisting disability, indemnity.

102.60 - Minor illegally employed.

102.61 - Indemnity under rehabilitation law.

102.62 - Primary and secondary liability; unchangeable.

102.63 - Refunds by state.

102.64 - Attorney general shall represent state and commission.

102.65 - Work injury supplemental benefit fund.

102.66 - Payment of certain barred claims.

102.75 - Administrative expenses.

102.80 - Uninsured employers fund.

102.81 - Compensation for injured employee of uninsured employer.

102.82 - Uninsured employer payments.

102.83 - Collection of uninsured employer payments.

102.835 - Levy for delinquent payments.

102.84 - Preference of required payments.

102.85 - Uninsured employers; penalties.

102.87 - Citation procedure.

102.88 - Penalties; repeaters.

102.89 - Parties to a violation.