2. Worker's Compensation
3. Insurance Letters
4. 543

Insurance Letter 543

Purpose

To inform insurance carriers about law changes to Wisconsin Worker's Compensation Act, Chapter 102, Wis. Stats.

Background

Changes to the Wisconsin Worker's Compensation Act are effective March 24, 2024. As a result of these changes, certain rates and benefits were increased. Other changes to the Worker's Compensation Act include:

• The maximum weekly indemnity rate for permanent partial disability increased to $438 for injuries occurring on and after March 24, 2024, and will increase to $446 for injuries occurring on and after January 1, 2025.
• The statute of limitations will begin to run on the date an order approving a compromise agreement is issued by the Division of Hearings and Appeals and subsequent claims will not be barred except as provided by the applicable statute of limitations.
• The Division of Hearings and Appeals (DHA) is required to return to the Worker's Compensation Division (WCD) the case file for all cases within 30 days after the DHA issues an order when there is no appeal.
• The WCD has exclusive authority to close a case and to notify the parties when it closes a case. The WCD is required to forward the file of a closed case to DHA if a hearing is required because a party in interest filed a subsequent hearing application.
• Lump sum payments for permanent partial disability of unaccrued compensation in undisputed cases may be voluntarily paid in advance with no 5% interest credit.
• The amount of large uninsured employer fund (UEF) claims increased from $1,000,000 to $2,000,000 that require reimbursement from worker's compensation insurance carriers.
• Other amendments in the new law include changing terminology from advanced practice nurse prescriber to advanced practice registered nurse, using gender neutral terminology relating to marriage, and correcting citations that cross reference federal rehabilitation law.

Action Requested

Please inform all claim handlers of these changes.

Inquiries

If you have any questions, please call (608) 266-1340, e-mail WCADMIN@dwd.wisconsin.gov or use the Worker's Compensation feedback form on our "Contact Us" page or https://bit.ly/49fCHsQM. Feedback can be submitted anonymously.

Reference

Refer to: 2023 Wisconsin Act 213 for a text of the law changes.

Refer to: 2023 Act 213 Plain Language Summary for a complete summary of the changes.

Please reference Insurance Letter 541 for additional rate changes which took effect on January 1, 2024.