Website - Division of Worker's Compensation
Email - WC
Permanent Total Disability Committee
June 28, 2012
Members present: Mr. Aiello, Mr. Beiriger, Ms. Connor, Mr. Kent
present: Mr. Gennrich, Ms. Goetz
Others present: Mr. Redman, Mr. Declercq
- Call to Order/Introductions: Mr. Aiello convened the
Worker’s Compensation Advisory Council (WCAC) Permanent Total Disability
Committee meeting at approximately 10:00 a.m. in accordance with Wisconsin’s
open meetings law. Committee and staff members introduced themselves and
then Mr. Aiello read Section 30 of SB409.
- Scope of Project/Committee Charge: There was a discussion of the
committee’s scope and charge in light of the WISBF and the issue of PTD
claimants and the current 10 year lag vis-à-vis a six year lag. It was
agreed that the committee can make recommendations to the WCAC as a whole
and that the WCAC can either file, reject, accept or modify the
recommendations coming out of this committee. There was a discussion about
the desire to get a permanent fix to the PTD issue, rather than having the
WCAC look at the issue again and again every two years, as has been done in
the past. There was also a discussion of the definition of PTD and this led
into a conversation about research items that the department could execute
and then report back on to the committee.
- Research/Analysis Needs: The committee settled upon various
research items that the department is to complete before the next meeting.
The research items are:
- A count of the statutory PTD cases coming into the
WC Division. This would commence on a date forward basis.
- A count of
litigated claims coming into the WC Division with PTD as a declared issue
and then a count of how many of these settle as something other than PTD.
This would commence on a date forward basis.
- A count of claims that are or
were in litigation on the WC Division database, going back 10 years, for
which PTD was a declared issue. NOTE: there was some discussion about what
denominator should be used in order to make this count meaningful. It was
suggested that Mr. Aiello speak with Mr. Lee Shorey and get his opinion.
Mr. Aiello agreed to do this, and also stated that he would speak with Mr.
Dwight Poore, who was a former supervisor in the WC Division and is very
knowledgeable about the WC Division database.
- A list of jurisdictions and
how they determine which claimants are and are not PTD.
- A cross match of PTD
claimants in the WC Division database with the Unemployment Insurance SUITES
database in order to determine who, if any, had wages reported in the past
four full quarters. This list would group claimants by age into 10 year
brackets, e.g. 65 – 56, 55 – 46, etc.
- A list of jurisdictions that have some
sort of Fund [similar to the WC Division’s Work Injury Supplemental Benefit
- A brief description of how other jurisdictions fund their PTD
- Of the jurisdictions that have a COLA or Index for their PTD
claimants, a brief description of how these function.
- Timeline/Format of Future Meetings: The committee members asked
Mr. Aiello how long he thought it would take for the department to
successfully complete the research items. He stated that it would probably
take about two and one half months. It was decided that the committee would
meet again after the next full WCAC meeting. Mr. Aiello said that he would
have meeting requests sent to the members for sometime in the last two weeks
- Adjourn: The meeting was adjourned shortly before 1:00 pm.
Next Meeting: not scheduled yet.