A sweeping workers compensation bill in Wisconsin would raise benefit levels, expand medical and mental health coverage and increase penalties for employers that fail to carry coverage.
Under A.B. 651, introduced Thursday, the maximum weekly compensation rate for permanent partial disability would increase from $446 to $454 for injuries occurring before Jan. 1, 2027, and to $462 for injuries on or after that date.
On statutes of limitations, the bill would broaden the exceptions for traumatic injuries, adding shoulder replacements and reverse shoulder replacements to the procedures for which no limitation period applies. It also specifies that the 12-year limit for occupational disease claims cannot be tolled past the final deposition of the case, in the absence of an extension.
A major structural change involves reversing the Wisconsin Supreme Court’s DaimlerChrysler v. LIRC decision, which allowed “stacking” disability ratings for certain repeat surgical procedures. Under the bill, repeat surgeries on the same limb would no longer automatically accumulate minimum ratings; instead, providers would determine the overall permanent partial disability rating.
Several provisions target claims processing and adjudication. Certified reports from physician assistants, advanced practice registered nurses and licensed audiologists would become admissible not only for diagnosis and treatment but also for causation and extent of disability. Vocational rehabilitation records would be admissible without requiring live testimony from counselors.
Another proposed change would align PTSD claims for emergency medical responders, EMS practitioners and volunteer firefighters with the standards applied to police officers and full-time firefighters, eliminating a higher burden of proof for a compensable mental injury.
The measure also would increase penalties for employers that fail to maintain required workers compensation coverage. Fines would escalate from $1,000 for a first violation up to $4,000 — or multiples of the foregone premium — for repeat violations. Fraud-reporting requirements would expand to include suspected application fraud and employee misclassification.