Wisconsin Code § 102.59

Preexisting disability, indemnity
Open in Lexace · Ask the AI about this section
(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 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.
(4) The additional compensation payable to employees under
sub. (1), as well as any supplemental benefits payable to such employees under s. 102.44 (1), shall be paid from the funds provided
in this section.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.