Assembly Passes Workers' Comp Reform Bill

Thursday, February 11, 2016 | 0

The Wisconsin state Assembly has passed a bill recommended by its labor-management advisory committee that would increase maximum benefits by $40 per week but also bar indemnity or death benefits if a workers' drug or alcohol intoxication caused an injury.

Senate Bill 536, was drafted by the state's Workers' Compensation Advisory Council and introduced by Rep. John Spiros, R-Marshfield, and Sen. Stephen Nass, R-Whitewater. It was awaiting a hearing in the state Senate on Wednesday after clearing the Assembly in a unanimous vote late Tuesday.

If passed without amendments, the bill would go next to Gov. Scott Walker's desk.

Under existing law, compensation, including death benefits, is reduced by 15% for workers who violate the employer’s drug and alcohol policies. SB 536 would bar all indemnity and death benefits if a violation of an employer's drug and alcohol injury caused a work injury, but employers would still be required to pay for the claimant's medical care.

The bill also increases maximum weekly benefits from $322 to $342 for injuries occurring before Jan. 1, 2017, and to $362 for injuries occurring on or after that date.

Under other provisions of the bill:

• Employers would not be liable for temporary disability benefits for employees who are suspended or terminated for misconduct. It would also reduce the current 12-year statute of limitations for filing a workers’ comp claim for a traumatic injury to six years.
• Increase maximum supplemental total disability benefits from $582 to $669 per week for employees injured before Jan. 1, 2003. Currently, only permanently disabled claimants injured before 2001 are eligible for supplemental benefits.
• The Department of Workforce Development will be required to review and revise minimum permanent partial disability ratings every eight years for amputation levels, losses of motion, sensory losses and surgical procedures for injury claims that include permanent partial disability.
• The DWD would be authorized to request the state Department of Justice to assist in any workers’ comp fraud investigation against an employee, employer, insurer or provider.