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 2^nd and 3^rd 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.

Simple Multiple Injury Calculation Examples

For these examples, we assumed the injury took place in January 2010 and the employee is entitled to the maximum rate of $282.00. The PPD rate is either the maximum rate for year of injury or employee’s TTD rate, whichever is lower.

(view Maximum Weekly PPD Rates for other dates of injury)

PPD rating by doctor:

10% to the right knee, 2% to the left wrist:

• 10% X 425 weeks (per schedule) = 42.5 weeks (knee)
• 2% X 400 weeks (per schedule) = 8 weeks (wrist)
• Plus 20% of 8 weeks (the equal or lesser injury) = 1.6 weeks
• 42.5 wks (knee) + 8 wks (wrist) + 1.6(multiple) = 52.1 weeks X $282.00=$14,692.20

20% to the right shoulder, 20% to the left shoulder, 5% to the right knee:

• 20% X 500 weeks (per schedule) =100 weeks (right shoulder)
• 20% X 500 weeks (per schedule) =100 weeks (left shoulder)
• 5% X 425 weeks (per schedule) = 21.25 weeks (right knee)
• plus 20% of 21.25 weeks(the equal or lesser injury)=4.25 weeks
• PLUS 20% of 100 weeks(second equal or lesser injury—remember to only drop the disability that resulted in the highest number of weeks and keep the rest to comply with ss. 102.53)=20 weeks
• 100 wks (rt shoulder) + 100 wks (lt shoulder) + 21.25 wks (knee) + 4.25 wks (multiple) + 20 wks (multiple) = 245.5 weeks X $282.00=$69,231.00

2% to the left elbow, 2% to the left wrist:

• Start with the most distal joint (in this case, the wrist):
• 2% X 400 weeks (per schedule) = 8 weeks (wrist)
• Then, subtract the 8 weeks from 450 weeks (elbow, per schedule)= 442 weeks
• 442 weeks X 2% (for elbow rating) = 8.84 weeks
• Plus 20% of 8 weeks (the equal or lesser injury)=1.6 weeks
• 8.84 wks (elbow) + 8 wks (wrist) + 1.6 wks (multiple) = 18.44 weeks X $282.00=$5200.08

*PPD is to be paid at a rate of $1222.00 a month until sum of it has been paid.