40.65 Duty disability and death benefits; protective occupation participants.

348 words·~2 min read·/wi/chapter-40/40-65-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)This paragraph applies to participants who first apply for benefits before May 3, 1988. Any person desiring a benefit under this section must apply to the department of workforce development, which department shall determine whether the applicant is eligible to receive the benefit and the participant’s monthly salary. Appeals from the eligibility decision shall follow the procedures under ss. 102.16 to 102.26 . If it is determined that an applicant is eligible, the department of workforce development shall notify the department of employee trust funds and shall certify the applicant’s monthly salary. If at the time of application for benefits an applicant is still employed in any capacity by the employer in whose employ the disabling injury occurred or disease was contracted, that continued employment shall not affect that applicant’s right to have his or her eligibility to receive those benefits determined in proceedings before the department of workforce development or the labor and industry review commission or in proceedings in the courts. The department of workforce development may promulgate rules needed to administer this paragraph.

1. This paragraph applies to participants who first apply for benefits under this section on or after May 3, 1988.

2. An applicant for benefits under this section shall submit or have submitted to the department an application that includes written certification of the applicant’s disability under sub.

(4)by at least 2 physicians, as defined in s. 448.01

(5), who practice in this state and one of whom is approved or appointed by the department, and a statement from the applicant’s employer that the injury or disease leading to the disability was duty-related.

3. The department shall determine whether or not the applicant is eligible for benefits under this section on the basis of the evidence in subd. 2. An applicant may appeal a determination under this subdivision to the department of workforce development.

4. In hearing an appeal under subd. 3. , the department of workforce development shall follow the procedures under ss. 102.16 to 102.26 .