SB 11

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 (PTSD).

The bill provides that if a public safety officer is diagnosed with PTSD 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 current law, an injured

employee who does not have an accompanying physical injury must 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). Under the bill, such

an injured public safety employee is not required to demonstrate a diagnosis based

on that standard, and instead must demonstrate a diagnosis based on the new

standard.

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. Under the bill, a public safety officer is restricted to compensation for

a mental injury that is not accompanied by a physical injury and that results in a

diagnosis of PTSD three times in his or her lifetime irrespective of a change of

employer or employment.

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