Wisconsin Statutes
Wis. Stat. § 102.66 (2026)
Payment of certain barred claims
✓ current as of July 2026
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102.66(1)(1) Subject to any certificate filed under s. 102.65 (4), if there is an otherwise meritorious claim for occupational disease, or for a traumatic injury described in s. 102.17 (4) in which the date of injury or death or last payment of compensation, other than for treatment or burial expenses, is before April 1, 2006, and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the department may, in lieu of worker’s compensation benefits, direct payment from the work injury supplemental benefit fund under s. 102.65 of such compensation and such medical expenses as would otherwise be due, based on the date of injury, to or on behalf of the injured employee. The benefits shall be supplemental, to the extent of compensation liability, to any disability or medical benefits payable from any group insurance policy whose premium is paid in whole or in part by any employer, or under any federal insurance or benefit program providing disability or medical benefits. Death benefits payable under any such group policy do not limit the benefits payable under this section.
102.66(2)(2) In the case of occupational disease, or of a traumatic injury described in s. 102.17 (4) in which the date of injury or death or last payment of compensation, other than for treatment for burial expenses, is before April 1, 2006, appropriate benefits may be awarded from the work injury supplemental benefit fund when the status or existence of the employer or its insurance carrier cannot be determined or when there is otherwise no adequate remedy, subject to the limitations contained in sub. (1).
102.66 HistoryHistory: 1975 c. 147; 1979 c. 278; 2001 a. 37; 2005 a. 172; 2011 a. 183; 2015 a. 55; 2025 a. 33.
102.66 AnnotationThis section authorizes the award of benefits for otherwise meritorious claims barred by the statute of limitations in effect at the time the claim arose. State v. DILHR, 101 Wis. 2d 396, 304 N.W.2d 758 (1981).
102.66 AnnotationWhen a disabled worker could have claimed permanent total disability benefits under this section, but failed to do so before dying of causes unrelated to a compensable injury, a surviving dependent may not claim the disability benefits. State v. LIRC, 136 Wis. 2d 281, 401 N.W.2d 585 (1987).
Notes of Decisions
Cited in 8
cases, 1981–2019 · leading case: State v. Dep't of Indus., Labor & Human Relations, 304 N.W.2d 758 (Wis. 1981).
State v. Dep't of Indus., Labor & Human Relations, 304 N.W.2d 758 (Wis. 1981). “[1] Sec. 102.66, Stats. 1975. "Payment of certain barred claims.”
Soc'y Ins. v. Labor & Indus. Review Comm'n, 2010 WI 68 (Wis. 2010). “See Wis. Stat. § 102.66 (1) (2003-04). 2 Subsequently, the legisla *452 ture amended §§ 102.”
Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006). “For example, the Fund distributes (1) worker's compensation benefits to claimants with certain meritorious claims whose claims have become time-barred, § 102.66(1); and (2) an additional death benefit to the minor children of an employee who dies in the course of employment, §…”
State v. LIRC, 401 N.W.2d 585 (Wis. 1987). “In 1975, however, the Wisconsin legislature enacted sec. 102.66, Stats., Laws of 1975, ch. 147.”
State v. Labor & Indus. Review Comm'n, 334 N.W.2d 279 (Wis. Ct. App. 1983). “Insofar as the trial court held that applicant was entitled to benefits under sec. 102.66, Stats., we affirm, *112 but as to his right to benefits under sec.”
Chappy v. Labor & Indus. Review Comm'n, 381 N.W.2d 552 (Wis. Ct. App. 1985). “" However, the rule of the case is that the commission had no authority to order supplemental benefits authorized by sec. 102.66, Stats., under sec. 102.44, Stats.”
State v. Labor & Indus. Review Comm'n, 401 N.W.2d 585 (Wis. 1987). “In 1975, however, the Wisconsin legislature enacted sec. 102.66, Stats., Laws of 1975, ch. 147.”
Gregory C. Mallett v. LIRC (Wis. Ct. App. 2019). “Each doctor then amended his report to state Mallett’s January 1984 to April 1984 work history was a material contributory factor to his injury.”
— Wis. Stat. § 102.66(1) — 4 cases
State v. Dep't of Indus., Labor & Human Relations, 304 N.W.2d 758 (Wis. 1981). “[1] Sec. 102.66, Stats. 1975. "Payment of certain barred claims.”
Soc'y Ins. v. Labor & Indus. Review Comm'n, 2010 WI 68 (Wis. 2010). “See Wis. Stat. § 102.66 (1) (2003-04). 2 Subsequently, the legisla *452 ture amended §§ 102.”
Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006). “For example, the Fund distributes (1) worker's compensation benefits to claimants with certain meritorious claims whose claims have become time-barred, § 102.66(1); and (2) an additional death benefit to the minor children of an employee who dies in the course of employment, §…”
State v. Labor & Indus. Review Comm'n, 334 N.W.2d 279 (Wis. Ct. App. 1983). “Insofar as the trial court held that applicant was entitled to benefits under sec. 102.66, Stats., we affirm, *112 but as to his right to benefits under sec.”
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