Multiple Injury Variations

Section 102.53 of the Wisconsin state statutes defines the manner in which multiple injury variations are to be handled.

In case an injury causes more than one permanent disability specified in ss. 102.44 (3), 102.52 and 102.55, the period for which indemnity shall be payable for each additional equal or lesser disability shall be increased as follows:*

  1. In the case of impairment of both eyes, by 200%.
  2. In the case of disabilities on the same hand covered by s. 102.52 (9), by 100% for the first equal or lesser disability and by 150% for the 2nd and 3rd equal or lesser disabilities.
  3. In the case of disabilities on the same foot covered in s. 102.52 (14), by 20%.
  4. In all other cases, by 20%.
  5. The aggregate result as computed by applying sub. (1), and the aggregate result for members on the same hand or foot as computed by applying subs. (2) and (3), shall each be taken as a unit for applying sub. (4) as between such units, and as between such units and each other disability.

* This provides for "stepping up" the value of disabilities to two or more fingers or portions of them so that in the case of disabilities to fingers on one hand the increase is an additional 100% for the first equal or lesser disability and 150% for the second and third equal or lesser disabilities. In case of toes on one foot the corresponding increase is 20 percent as it is in all other cases of multiple injury except for impairment of both eyes, where the increase is 200 percent. When the aggregate result for members on the same hand or foot or for the eyes has been computed, it is taken as a unit and there is increase as between that and the other units by 20 percent for each equal or lesser injury unit (except as between both eyes and ears).

The DWD Administrative Code section 80.50 provides  the methods for computing permanent disabilities.

In computing permanent partial disabilities, the number of weeks attributable to more distal disabilities shall be deducted from the number of weeks in the schedule for more proximal disabilities before applying a percentage of disability for the more proximal injury.

Such a deduction shall not include multiple injury factors under s. 102.53, Stats. and the dominant hand increase under s. 102.54, Stats.

The number of weeks attributable to scheduled disabilities shall be deducted from 1,000 weeks before computing the number of weeks due for a non-scheduled disability resulting from the same injury. This deduction shall not include multiple injury factors under s. 102.53, Stats., and the dominant hand increase under s. 102.54, Stats.

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