Forms, Tools & Tips

The pamphlet edition of the Wisconsin Worker's Compensation Act (WKC-1-P, Rev. 12/2004) includes the Worker's Compensation Act, the administrative rules (DWD 80), various related statutes, and all of the basic forms. It is current through December 2004. Once again, it is not available from the Wisconsin Worker's Compensation Division, DWD. You instead order it from the Wis. Department of Administration, Document Sales Unit, 202 S. Thornton Avenue, P.O. Box 7840, Madison, WI 53707-7840:

Wisconsin Worker's Compensation Act (WKC-1-P, R. 12/2004), with amendments to December 2004; Stock # 1403D; $5.15 each (plus sales tax)

You may order by phone using your VISA or MasterCard, at (800) 362-7253 -or- (608) 264-9419. If you need more information you may call them at (608) 266-3358.

Note that various footnote annotations by the Department appear in the pamphlet edition of the WCA. The supreme court ruled in several cases that such annotations in the Department’s pamphlet edition are relevant in construing statutes. Green Bay Packaging, Inc. v. ILHR Dept., 72 Wis. 2d 26, 34, 240 N.W.2d 422 (1976); Pigeon v. DILHR, 109 Wis. 2d 519, 524, 326 N.W.2d 752 (1982); Lisney v. LIRC, 171 Wis. 2d 499, 513, 493 N.W.2d 14 (1992).

In addition to the pamphlet edition of the Worker's Compensation Act, you will also need:

The Latest Amendments to the Wisconsin Worker's Compensation Act

2007 Amendments

The 2007 amendments to the WCA were finally passed in 2008, and became effective on April 1, 2008. 2007 Senate Bill 430 was passed as 2007 Wisconsin Act 185. (Note that 2007 Senate Bill 430 includes the Legislative Reference Bureau's plain language analysis of the amendments.)

An updated Wage and Rate Chart (WKC-9572-P), showing the new TTD and PPD rates that are effective 4/1/08, is available the Department Web site at: http://www.dwd.state.wi.us/dwd/publications/wc/WKC-9572-P.pdf. There was also a mileage reimbursement increase. The new mileage reimbursement and the rate changes are discussed in the Department's Insurance Letter 471.

2005 Amendments

The 2005 amendments to the Wisconsin WCA were finally passed in 2006 and they were published on March 31, so they became effective on Saturday, April 1, 2006. Senate Bill 474 was passed as 2005 Wisconsin Act 172 and it is now available at: http://www.legis.state.wi.us/2005/data/acts/05Act172.pdf

Note that the mileage rate changed effective January 1, 2006, to $.385 per mile. See the Department's Insurance Letter 458 at: http://www.dwd.state.wi.us/wc/Letters/insurance/pdfs/Ins458.pdf. In 2006, we had had a very unusual situation in which the mileage rate went up again, only four months after the last increase. Effective May 1, 2006, the rate increased to $.425 per mile. See Department Insurance Letter 462 at: http://www.dwd.state.wi.us/wc/Letters/insurance/pdfs/Ins462.pdf

Citation of ALJ and LIRC decisions on WC claims - Darlene Martin v. St. Francis Home, WC Claim No. 1998-059173 (LIRC May 19, 2003), Footnote 1:

The applicant objects to the respondent's citation to the DILHR ALJ's decision case, asserting that Wis. Stat. § 809.23(3) prohibits the citing of a nonpublished opinion as precedent or authority. However, the court of appeals has held that Wis. Stat. § 809.23(3) does not prohibit the citation of circuit court decisions -- at least as for the limited purposes of persuasive, rather than binding, authority -- suggesting that the non-citation rule is limited to unpublished court of appeals decisions. Brandt v. LIRC, 160 Wis. 2d 353, 361-65 (Ct. App. 1991). Moreover, Wis. Stat. § 809.23(3) by its terms is limited to citations "in any court of this state."

Commission decisions are based on their own facts, and are not binding authority. See: Nick v. State Highway Commission, 21 Wis. 2d 489, 495 (1963) (administrative agencies like the commission are not bound by their own prior determinations) and Nelson Bros. v. Revenue Dept., 152 Wis. 2d 746, 756 (Ct. App. 1989) (administrative agencies are not bound by the strict doctrine of stare decisis). Nonetheless, the appellate courts consider whether the commission has previously issued decisions on an issue when considering the applicable level of deference on review. Langhus v. LIRC, 206 Wis. 2d 494, 503 note 7, 557 N.W.2d 450 (Ct. App. 1996); Virginia Surety v. LIRC, 2002 WI App 277, 16, 17, 258 Wis. 2d 665, 679-80, 654 N.W.2d 306.

Date Calculator Spreadsheet - Calculates the number of days/weeks between two dates
Format: MS Excel
Contributed by Michael B. Kulkoski, 7/04

Work Search Record Form
Format: MS Word
Contributed by: Tom McSweeney, 12/03
Note: Recommended for use on LOEC claims, to document work search by applicant

ALJ Phone Numbers
Format: MS Word
Contributed by: Tom McSweeney, 11/03
Note: List of phone numbers with voice mail for Madison ALJs, to use when you need to leave a message about a settlement. (Only includes ALJs who have authorized listing their numbers.)

TTD Claims by Retired Employees - There is no published appellate precedent on this issue. However, there is a 1983 circuit court decision that is always cited for the proposition that there is no TTD payable to retired employees. The very well-written decision by Circuit Court Judge J. Richard Long in General Motors v. LIRC (a/k/a the Hoff case) is available here. Judge Long's decision was affirmed in an unpublished court of appeals decision that is also available here.

Hearing Loss Calculator Spreadsheet
Format: MS Excel
Note: Includes maximum PPD rates for 1989-2004
Contributed by: John Griner, 1/04
Note: Revision of 1/04 to make it closer to that which the DWD uses.

WKC-9488 (Rev. 5/03): Voluntary and Informed Consent for Disclosure of Health Care Information
Format: This is the MS Word version of the Department's revised medical authorization form.
Comment: The form has been extensively revised to comply with the HIPAA Privacy Rule. It is now two pages and the employee must sign the form on the bottom of both pages. If Option B is checked on the form, then the employee must also sign in the box next to that option. Keep in mind that you are not supposed to modify the standard state form.
Contributed by: Phil Lehner, 7/03

WC Case Value Calculator Spreadsheet
Format: MS Excel
Comment: Includes present value calculation for unaccrued benefits
Contributed by: James L. Bartells, 7/03

WKC-3 (Rev. 2/2000): Medical Treatment Statement
Format: MS Excel
Contributed by: Scott C. Woldt, 4/03

WKC-16-B (Rev. 7/2001): Practitioner's Report on Accident or Industrial Disease in Lieu of Testimony
Format: MS Excel
Contributed by: Scott C. Woldt, 4/03

Forms, Tools and Tips

A Word of Caution