SB 522

Introduction

This bill makes various changes relating to worker's compensation, as

administered by the Department of Workforce Development (DWD).

General coverage

Employers subject to worker's compensation law.

Under current law, an

employer that usually employs three or more employees is subject to the worker's

compensation law. Current law does not require those three employees to be

employed to perform services in this state in order for the employer to be subject to

the worker's compensation law.

Estate of Torres v. Morales,

313 Wis. 2d 371 (Ct. App.

2008). This bill specifies that an employer must usually employ three or more

employees for services performed in this state to be subject to the worker's

compensation law.

Emergency responders.

Under current law, an employer is liable for worker's

compensation when an employee sustains an injury while performing services

growing out of and incidental to employment. Current law specified that an

employee is considered to be performing services growing out of and incidental to

employment when performing certain activities, including: 1) going to and from his

or her employment in the ordinary and usual way, while on or in the immediate

vicinity of the premises of the employer, if the injury results from an occurrence on

the premises; 2) going between an employer's designated parking lot and the

employer's work premises while on a direct route and in the ordinary and usual way;

and 3) if a fire fighter or municipal utility employee, responding to a call for

assistance outside of his or her city or village, unless that response is in violation of

law.

This bill specifies that any volunteer fire fighter, first responder, emergency

medical technician, rescue squad member, or diving team member while responding

to a call for assistance, from the time of the call for assistance to the time of his or

her return from responding to that call, including traveling to and from any place to

respond to and return from that call, but excluding any deviations for private or

personal purposes, is performing service growing out of and incidental to

employment.

Compensation amounts

Maximum weekly compensation for permanent partial disability.

Under current law, permanent partial disability benefits are subject to maximum

weekly compensation rates specified by statute. Currently, the maximum weekly

compensation rate for permanent partial disability is $282. This bill increases that