SB 673

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

administered by the Department of Workforce Development and the Division of

Hearings and Appeals in the Department of Administration (DHA).

Payment of benefits; other payments

Liability for public safety officers

This bill makes changes to the conditions of liability for worker's compensation

benefits for a law enforcement officer or a fire fighter (public safety officer) who is

diagnosed with post-traumatic stress disorder.

The bill provides that if a public safety officer is diagnosed with post-traumatic

stress disorder by a licensed psychiatrist or psychologist and the mental injury that

resulted in that diagnosis is not accompanied by a physical injury, that public safety

officer can bring a claim for worker's compensation benefits if the conditions of

liability are proven by a preponderance of the evidence and the mental injury is not

the result of a good-faith employment action by the person's employer. Under the

bill, such an injured public safety employee is not required to demonstrate a

diagnosis based on unusual stress of greater dimensions than the day-to-day

emotional strain and tension experienced by all employees as required under

School

District No. 1 v. DILHR

, 62 Wis. 2d 370, 215 N.W.2d 373 (1974).

The bill also limits liability for treatment for a mental injury that is

compensable under the bill's provisions to no more than 32 weeks after the injury is

first reported.

Payments in cases of injuries resulting in death

Current law provides that, in each case of an injury resulting in death leaving

no person dependent for support or leaving one or more persons partially dependent

for support, the employer or insurer must pay into the work injury supplemental

benefit fund (WISBF) the amount of the death benefit otherwise payable. This bill

does the following:

1. Allows such amounts due to be paid in advance of when they would otherwise

be due, including as a single, lump-sum payment. If an employer or insurer makes

an advance or lump-sum payment, the bill requires DWD to give the employer or the

insurer an interest credit, computed as otherwise provided under current law.

Current law requires, in the case of a death leaving no dependents, that the

payments be made in five equal annual installments.

2. Provides that, in the case of a violation of an employer policy against drug

or alcohol use that is causal to an employee's injury resulting in death who leaves no

person dependent for support or leaving one or more persons partially dependent for

support, no payment is required to be made to WISBF. Current law provides that,

in the case of such a violation, then neither the employee nor the employee's