Section 80.51. Computation of weekly wage.

  Pursuant to s. 102.11 , Stats.

(1)  In determining daily earnings, if the number of hours a full-time employee worked had been either decreased or increased for a period of at least 90 total days prior to the injury, then this revised schedule worked during those 90 days shall be considered to be normal full-time employment.

(2)  When an employee furnishes his or her truck to the employer and is paid by the employer in gross to include operating expenses, one-third of that gross sum is considered as wages except as a showing is made to the contrary.

(3)  Prisoners injured in prison industries are considered to be earning the maximum average weekly earnings under the provisions of s. 102.11 , Stats., except as a showing is made to the contrary.

(4)  The 24 hour minimum workweek under s. 102.11 (1) (f) , Stats., does not apply to a part-time employee unless the employee is a member of a regularly scheduled class of part-time employees. In all other cases part-time employment is on the basis of normal full-time employment in such job. However, this subsection does not apply to part-time employees defined in s. 102.11 (1) (f) , Stats., who restrict availability on the labor market. As to the employees so defined, those wages will be expanded to the normal part-time or full-time wages unless the employer or insurance company complies with s. DWD 80.02 (2) (d) .

Cr. Register, September, 1982, No. 321 , eff. 10-1-82; CR 07-019 : am. (4), Register October 2007 No. 622 , eff. 11-1-07.