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#2040387 - 09/24/15 05:56 PM Workmen's Comp and Bank Levies
Bec Offline
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Bec
Joined: Jul 2010
Posts: 1,114
The Great White North
Are workmen's compensation funds deposited into a bank account exempt from execution of a levy from the department of revenue?

I(i) Life insurance claims, personal injury or wrongful death claims.

1. Any of the following payments:

a. A payment to the debtor under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death, to the extent reasonably necessary for the support of the debtor and the debtor's dependents.

b. A payment resulting from the wrongful death of an individual of whom the debtor was a dependent, in an amount reasonably necessary for the support of the debtor and the debtor's dependents.

c. A payment, not to exceed $50,000, resulting from personal bodily injury, including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent.

[ d. A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent in an amount reasonably necessary for the support of the debtor and the debtor's dependents.

2. Any property traceable to payments under subd. 1. is exempt

I want to say that the highlighted portion would be a telling sign that workmen's comp benefits would be exempt, but of course it doesn't come right out and say it.

Does anyone else have any experience with this?
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#2040388 - 09/24/15 05:58 PM Re: Workmen's Comp and Bank Levies Bec
Bec Offline
Diamond Poster
Bec
Joined: Jul 2010
Posts: 1,114
The Great White North
Oh and to clarify the above is pulled from the WI State statutes 815.18(3)(f)
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#2041938 - 10/01/15 05:38 PM Re: Workmen's Comp and Bank Levies Bec
Beagles22 Offline
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Joined: Jan 2004
Posts: 3,626
State of confusion
I don't think it is exempt. It isn't compensation of loss of future earnings, it's a temporary paycheck they get paid for the past week so it isn't future earnings. Not a legal opinion of course, but I would personally say it's like a paycheck and not exempt.
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