Website - Division of Worker's Compensation
Email - WC
Compensation Advisory Council
Council on Worker’s Compensation
GEF-I, 201 E. Washington Ave.
October 17, 2011
Members present: Mr. Beiriger, Ms. Bloomingdale, Mr.
Brand, Mr. Buchen, Mr. Collingwood, Mr. Kent, Mr. Metcalf, Ms. Nugent, Ms.
Pehler, Mr. Redman, Mr. Schwanda, and Ms. Thomas
Excused: Ms. Connor and Mr. Olson
Staff present: Mr. O’Malley, Ms. Knutson and Mr.
- Call to Order/Introductions: Mr. Metcalf convened the Worker’s
Compensation Advisory Council (WCAC) meeting via teleconference at
approximately 9:25 a.m. in accordance with Wisconsin’s open meetings law.
WCAC members, staff and members of the audience introduced themselves.
- Approval of Minutes: Mr. Kent moved to approve the minutes of
the October 10, 2011 with a correction to #5, sub.3 page 2 to reference “Medical
Liaison” rather than “medical provider”; second by Mr. Schwanda. The
minutes were unanimously approved as corrected.
- Correspondence: None.
- Discuss Voc Rehab Prospective Order Issue: Mr.
Beiriger indicated Labor proposal #10 needed to be further discussed to
ensure the language of the statutory amendment was written properly. Under
Labor’s proposal, potentially an injured worker could work full time while
attending school and receive temporary total disability benefits. The scope
of the change in benefit eligibility needs to be limited. Management did
not agree to Labor proposal #11 allowing prospective orders on vocational
Mr. Kent countered there is no adverse economic impact associated with Labor
proposal #11. The maximum number of claims would likely be less than 20 per
year. The proposal may help injured workers return to work more quickly.
Mr. Beiriger responded Management would not agree to Labor proposal #11 at
this time, but this issue should not hold up the agreed bill. Mr. Kent
agreed that the issue would be tabled.
Management and Labor thoughtfully debated proposed language for Labor
proposal #10 and briefly adjourned to closed caucus. Upon return from
caucus, Mr. Weir explained that if an injured worker goes to work for a
different employer and earns substantial wages, federal rehabilitation law
dictates the person is ineligible for vocational retraining services.
Management intends for the proposal to apply only to injured workers working
part-time not full time while attending school. Mr. Kent suggested the
language be amended to provide that wages earned during the first 24 hours
per week of employment while the injured worker attends retraining will not
reduce temporary disability benefits. Wages earned for hours worked in
excess of 24 hours per week would be used in the temporary partial
disability benefit calculation. Management and Labor agreed to Labor #10
with the amended language proposed by Labor. In addition, an injured worker
will be required to report his/her wages during a period of retraining and
the statutory amendment would sunset in two years.
Mr. Beiriger moved to approve the proposals previously agreed to at the
October 10, 2011 meeting with the inclusion of the above-described language
for Labor proposal #10. Mr. Kent seconded the motion and the motion carried
unanimously by roll call vote.
Mr. Buchen indicated the WCAC intended that the audit committee would
determine the scope of the audit of the databases by consensus rather than
majority vote. Mr. Metcalf indicated the department would seek input for
the audit committee from knowledgeable individuals and the department would
explore options for determining who would conduct the audit.
- Adjournment: Motion by Mr. Kent, second by Mr. Brand to
adjourn. The motion carried unanimously and the meeting was adjourned at
approximately 4:15 p.m.
Next Meeting: not scheduled yet.