Wis. Stat. » CHAPTER 102 — WORKER’S COMPENSATION
Wisconsin Statutes

Wis. Stat. § 102.47 (2026)

Death benefit, continued

✓ current as of July 2026
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102.47102.47 Death benefit, continued. If death occurs to an injured employee other than as a proximate result of the injury, before disability indemnity ceases, death benefit and burial expense allowance shall be as follows:
102.47(1)(1) Where the injury proximately causes permanent total disability, they shall be the same as if the injury had caused death, except that the burial expense allowance shall be included in the items subject to the limitation stated in s. 102.46. The amount available shall be applied toward burial expense before any is applied toward death benefit. If there are no surviving dependents the amount payable to dependents shall be paid, as provided in s. 102.49 (5) (b), to the fund created under s. 102.65.
102.47(2)(2) Where the injury proximately causes permanent partial disability, the unaccrued compensation shall first be applied toward funeral expenses, not to exceed the amount specified in s. 102.50. Any remaining sum shall be paid to dependents, as provided in this section and ss. 102.46 and 102.48, and there is no liability for any other payments. All computations under this subsection shall take into consideration the present value of future payments. If there are no surviving dependents the amount payable to dependents shall be paid, as provided in s. 102.49 (5) (b), to the fund created under s. 102.65.
102.47 HistoryHistory: 1971 c. 148; 1977 c. 195; 1983 a. 98; 1987 a. 179.
102.47 AnnotationWhen a deceased worker dies before the level of permanent partial disability is established, the dependent’s death benefit is not wiped out. “Unaccrued compensation” under sub. (2) is compensation that has not become due, or compensation for which a claim is not yet enforceable. It is not limited to compensation awarded but not yet paid. Edward Brothers, Inc. v. LIRC, 2007 WI App 128, 300 Wis. 2d 638, 731 N.W.2d 302, 06-2398.
Notes of Decisions
Cited in 5 cases, 1945–2007 · leading case: State v. LIRC, 401 N.W.2d 585 (Wis. 1987).
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State v. LIRC, 401 N.W.2d 585 (Wis. 1987). · cites it 10× “The exact situation that occurred in this case is contemplated by sec. 102.47(1), Stats. (1979): *289 "102.”
State v. Labor & Indus. Review Comm'n, 401 N.W.2d 585 (Wis. 1987). · cites it 10× “The exact situation that occurred in this case is contemplated by sec. 102.47(1), Stats. (1979): *289 "102.”
Bellrichard v. Indus. Comm'n, 21 N.W.2d 395 (Wis. 1945). · cites it 2× “46 or subsection (1) of section 102.47 is the wife or husband of the deceased employee and is wholly dependent for support, an additional death benefit shall be paid from the funds provided by subsection ( 5) for each child by their marriage living at the time of the death of…”
Edward Bros. v. Labor & Indus. Review Comm'n, 2007 WI App 128 (Wis. Ct. App. 2007). · cites it 13× “After his death, Vanderzee's dependents filed a claim for death benefits under Wis. Stat. § 102.47 (2) (2003-04). 1 The administrative law judge denied the claim, but the Commission reversed the ALJ.”
Vander Heiden v. Indus. Comm'n, 17 N.W.2d 898 (Wis. 1945). “There is a motion for rehearing in which the only point raised is that the court misconstrued sec. 102.47, Stats., in saying: “Hence as the death of the instant employee occurred ‘from ' cause other than’ his accident and ‘before his disability indemnity’ ceased, it must be made…”
Wis. Stat. § 102.47(1): 3 cases
State v. LIRC, 401 N.W.2d 585 (Wis. 1987). “The exact situation that occurred in this case is contemplated by sec. 102.47(1), Stats. (1979): *289 "102.”
State v. Labor & Indus. Review Comm'n, 401 N.W.2d 585 (Wis. 1987). “The exact situation that occurred in this case is contemplated by sec. 102.47(1), Stats. (1979): *289 "102.”
Edward Bros. v. Labor & Indus. Review Comm'n, 2007 WI App 128 (Wis. Ct. App. 2007). “After his death, Vanderzee's dependents filed a claim for death benefits under Wis. Stat. § 102.47 (2) (2003-04). 1 The administrative law judge denied the claim, but the Commission reversed the ALJ.”
Wis. Stat. § 102.47(2): 3 cases
State v. LIRC, 401 N.W.2d 585 (Wis. 1987). “The exact situation that occurred in this case is contemplated by sec. 102.47(1), Stats. (1979): *289 "102.”
State v. Labor & Indus. Review Comm'n, 401 N.W.2d 585 (Wis. 1987). “The exact situation that occurred in this case is contemplated by sec. 102.47(1), Stats. (1979): *289 "102.”
Edward Bros. v. Labor & Indus. Review Comm'n, 2007 WI App 128 (Wis. Ct. App. 2007). “After his death, Vanderzee's dependents filed a claim for death benefits under Wis. Stat. § 102.47 (2) (2003-04). 1 The administrative law judge denied the claim, but the Commission reversed the ALJ.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.