AK0092 Summary of Developments

Summary of Developments

Summary of Developments

New Developments Reported in the 2017–18 Supplement

The 2017–18 supplement to the Worker’s Compensation Handbook reflects developments since publication of the 2016–17 revision, including the following:

The Wisconsin Court of Appeals, in an unpublished opinion, considered whether a volunteer was an “employee” despite not receiving wages. See Supp. §2.18.

The Wisconsin Court of Appeals issued an unpublished opinion regarding a safety officer’s nontraumatic mental injury claim. See Supp. §3.42.

The Wisconsin Legislature is considering a proposal to create a statutory presumption that the diagnosis of post-traumatic stress disorder in a public safety officer arises out of the employment. See Supp. §3.42.

The Wisconsin Supreme Court issued a decision in which it interpreted the statute regarding payment of benefits for unnecessary treatment. See Supp. §5.6.

In an unpublished opinion, the Wisconsin Court of Appeals discussed a LIRC end-of-healing-period determination. See Supp. §6.7.

The Wisconsin Supreme Court and the Wisconsin Court of Appeals issued opinions concerning “substantial fault” and “misconduct,” and the supreme court has granted review of the court of appeals’ decision. See Supp. §6.10.

The dead-man’s statute has been repealed. See Supp. §7.15.

In a 2016 unpublished opinion, the Wisconsin Court of Appeals discussed a circumstance in which it is reasonable for an employer to refuse to rehire an injured employee. See Supp. §8.34.

The Wisconsin Court of Appeals considered a fact situation involving the effect of an employee’s immigration status on a worker’s compensation award. See Supp. §8.35.

In a 2017 unpublished opinion, the Wisconsin Court of Appeals evaluated the exception to coemployee immunity that arises when injury occurs during operation of a motor vehicle not owned or leased by the employer. See Supp. §9.44.

Appendices 3 (forms), 4D (the maximum wage and rate chart), and 4M(Medicare secondary payer resources) have been updated. All case citations, statutes, and regulations in the book have been checked for updates as well.

Developments Reported in the 2016–17 Revision

The eighth edition of the Worker’s Compensation Handbook incorporates the statutory and common-law developments affecting worker’s compensation matters in Wisconsin that were reported in the 2014–15 and 2015–16 supplements and reflects developments since publication of the 2015–16 supplement. The Wisconsin Legislature extensively amended Wis. Stat. ch. 102 in two acts in the 2015–16 session, 2015 Wis. Act 55 and 2015 Wis. Act 180. The 2015 Wis. Act 55 changes were reported on in the 2015–16 supplement. Some of the most significant changes made by 2015 Wis. Act 180, which took effect March 2, 2016, are highlighted below.

The Wisconsin Court of Appeals analyzed whether an employer “usually” employed three or more employees and whether it was subject to Wisconsin’s Worker’s Compensation Act on a particular date. See §2.2.

The Wisconsin Legislature amended the statute regarding self-insurance. See §2.4.

The definition of employee now includes some individuals performing services under certain provisions of Wis. Stat. ch. 46, 48, and 49. See §2.11.

The legislature amended the statutes to clarify which real estate brokers are considered employees. See §2.14.

The statute concerning the effects of a worker’s drug or alcohol use on payment of benefits has been amended. See §§3.15, 8.20.

There is a new statute of limitation for claims based on traumatic injury. See §§5.1, 6.27, 9.57.

The legislature amended statutes dealing with the effects on temporary disability benefits of a worker’s suspension or termination because of misconduct or substantial fault. See §6.10.

The court of appeals issued an unpublished opinion concerning an undocumented worker’s claim for worker’s compensation benefits. See §6.24.

Examples of computations have been updated in sections 6.38 and 7.8.

The legislature created a new statutory provision concerning the apportionment of liability for permanent disability benefits. See §6.31.

The supplemental benefit payments process has been modified. See §6.39.

The legislature amended statutes concerning benefits for retraining. See §6.44.

The relationship between worker’s compensation benefits and Social Security Disability Income payments is elaborated on in section 6.50.

The discussion of safety investigations has been amended to reflect changes in Wisconsin agencies’ structure and responsibilities. See §8.3.

The legislature amended the statute regarding the relationship between the illegal employment of minors and worker’s compensation. See §8.42.

Rules regarding the naming of parties have been clarified. See §§10.6, 10.7.

The process for review of compromises has been amended. See §11.7.

Appendices 4A (history of worker’s compensation statutes and regulations), 4B (statutes of limitation), 4D (the maximum wage and rate chart), and 4E (a checklist) have been updated. All case citations, statutes, and regulations in the book have been updated as well.

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