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  2. Worker's Compensation
  3. Insurance Letters
  4. 535

Insurance Letter 535

Purpose

To announce the elimination of § 102.11(1)(am), Wis. Stats., and the amendments to § 102.11(1)(ap), Wis. Stats., and § 102.11(1)(f), Wis. Stats., created by 2022 Wis. Act 232, effective April 10, 2022, to provide changes in the method that the average weekly wage (AWW) is calculated for part-time employees.

Background

Changes to the Wisconsin Worker's Compensation Act, Chapter 102, Wis. Stats., will become effective April 10, 2022. As a result of these changes, the method with which the AWW for part-time employees will be calculated was changed. Please reference Insurance Letter 534 for additional changes that took effect.

Wage expansion for employees that are part of a regularly scheduled class of part-time employees to 24 hours for purposes of calculating their AWW has been eliminated.

The AWW for part-time employees shall be the greater of either the actual average weekly earnings for the 52 calendar weeks prior to their injury, excepting any weeks in which no work was performed, or their hourly rate multiplied by the average hours worked in the 52 weeks prior to their injury, excepting any weeks in which no work was performed.

An employee may be eligible for benefits based on full-time work if the employee has taxable earnings from an employer other than the employer liable for the injury or if the employee worked less than full-time for less than 12 months before the date of injury.

An employer may rebut an employee's eligibility for full-time benefits by providing evidence that the employee chose to work less than full-time. Such evidence may include a written statement signed by the employee or an employment application indicating an hour or shift preference.

Action Requested

Submit form "WKC-13A1" Wage Information Supplement through the pending reports website or on paper, when required, for claims with a date of injury after April 10, 2022. Please note that different information will be needed for part-time employees.

Inquiries

If you have questions, please contact us at (608) 266-1340 and ask to speak to a wage analyst or the Claims Services Section Supervisor.

If you have any questions, please contact us at (608) 266-1340.

Reference

Refer to: 2021 Wisconsin Act 232 for a text of the law changes.

Refer to: 2021 Wisconsin Act 232 Plain Language Summary for complete summary of the changes.

Refer to: Insurance Letter 534 for details on other changes to the Wisconsin Worker's Compensation Act.