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.
(2) 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.
(3) 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.
The fund was not liable for disability benefits when an employer was liable for permanent total disability. Green Bay Soap Co. v. DILHR, 87 Wis. 2d 561, 275 N.W.2d 190 (Ct. App. 1979).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 102 - Worker's compensation.
102.03 - Conditions of liability.
102.04 - Definition of employer.
102.05 - Election by employer, withdrawal.
102.06 - Joint liability of employer and contractor.
102.075 - 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.
102.16 - 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.
102.21 - Payment of awards by local governmental units.
102.22 - Penalty for delayed payments; interest.
102.25 - Appeal from judgment on award.
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.
102.38 - 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.
102.45 - Benefits payable to minors; how paid.
102.47 - Death benefit, continued.
102.48 - Death benefit, continued.
102.49 - Additional death benefit for children, state fund.
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.
102.565 - 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.
102.64 - 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.