LRB-5841/1

MED&MIM:emw&cjs

2021 - 2022 LEGISLATURE

2021 Assembly BILL 911

January 26, 2022 - Introduced by Committee on Labor and Integrated Employment. Referred to Committee on Labor and Integrated Employment.

AB911,2,2 An Act to repeal 102.11 (1) (am), 102.11 (1) (f) 1. and 102.39 (title); to renumber 102.05 (3), 102.15 (1) and 102.16 (1) (b); to renumber and amend 102.11 (1) (f) 2. and 102.39; to amend 46.275 (4m), 46.277 (3r), 46.281 (1k), 46.2897 (3), 46.995 (3), 73.0301 (1) (d) 3m., 73.0301 (1) (e), 102.04 (1) (b) 1., 102.04 (1) (b) 2., 102.05 (1), 102.05 (2), 102.11 (1) (intro.), 102.13 (1) (b) (intro.), 102.15 (title), 102.17 (1) (c), 102.17 (1) (cg), 102.17 (1) (cr), 102.18 (2) (a), 102.18 (3), 102.43 (6) (b), 102.61 (1g) (a) 2., 102.80 (1) (d), 102.81 (4) (b) (intro.), 102.81 (4) (b) 2., 102.81 (5), 102.82 (1), 108.227 (1) (f), 108.227 (1m) (intro.), 108.227 (3) (a) 3., 108.227 (5) (a), 108.227 (5) (b) 1. and 108.227 (5) (b) 2.; to repeal and recreate 102.17 (1) (ct); and to create 73.0301 (1) (d) 15., 102.11 (1) (ap), 102.13 (1) (b) 6., 102.16 (1) (b) 2., 102.33 (2) (b) 7., 102.81 (4) (c) and 108.227 (1) (e) 16. of the statutes; relating to: various changes to the worker's compensation law and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes various changes to the worker's compensation law, as administered by the Department of Workforce Development and the Division of Hearings and Appeals in the Department of Administration (DHA).

Claims and payments

Maximum weekly compensation for permanent partial disability

The bill increases the maximum weekly compensation rate for permanent partial disability from $362 to $415 for injuries occurring before January 1, 2023, and to $430 for injuries occurring on or after that date.

Part-time employment and wage expansion

Generally, under current law, when calculating average weekly earnings for purposes of worker's compensation benefit amounts, the the normal full-time workweek is used, and it is generally presumed that the normal full-time workweek is not less than 40 hours per week. Current law provides, however, that if an employee is a member of a regularly-scheduled class of part-time employees, average weekly earnings are determined using the hours and days established by the employer for that class, but not less than 24 hours. Current law also provides that the weekly temporary disability benefits for a part-time employee who restricts his or her availability in the labor market to part-time work and is not employed elsewhere may not exceed the average weekly wages of the part-time employment.

The bill replaces the provision in current law regarding employees who are members of a regularly-scheduled class of part-time employees with a provision that applies to employees who work less than full time. Under this provision, an injured employee's average weekly wage is calculated as the greater of 1) the hourly rate at the time of injury multiplied by the average number of hours worked per week for the 52 calendar weeks before his or her injury or 2) the actual average weekly earnings of the employee for the 52 calendar weeks before his or her injury. Weeks not worked are not counted under either calculation.