Section 28.04. Injury while on hazardous duty.

 

(1)  Application for benefits under s. 230.36 , Stats., shall be made by the employee or the employee's representative to the appointing authority within 14 calendar days from the day of injury, on forms prescribed by the administrator. In extenuating circumstances, at the discretion of the administrator, the time limit for application for benefits may be waived. When medical verification is required for final approval of the claim, failure by a physician to provide verification within the 14 days shall not be the basis for denial. The application shall contain sufficient and factual information to indicate the nature and extent of the injury or illness, the circumstances surrounding its occurrence and the qualifying duties on which the application is based.

(2)  Within 14 days after receipt of the claim the appointing authority shall notify the employee of the decision to authorize or deny the claim and file a copy of the notice of action with the administrator.

(3)  Upon approval of the employee's claim, the employee shall be paid from the date of inability to work until: a physician certifies the employee is able to return to work; the employee's status is changed due to worker's compensation, disability, retirement, or new work assignments; the employee is terminated; or other appropriate status change occurs. Periodic reports on the status of the employee's disability and anticipated date of return to work shall be required by the appointing authority.

(4)  An employee on leave with pay under this section shall be entitled to applicable pay adjustments applied to the pay schedule and range the employee's class is assigned to, consideration for within range pay progression if eligible and personal holidays. However, personal holidays shall lapse if the employee does not return to full work status by the end of the calendar year.

(5)  Employees on approved leave with pay under this section shall earn annual leave and sick leave credits for the duration of such leave. Employees shall be denied legal holiday credits for holidays which occur during the period of absence from work while on an approved leave with pay under this section. Annual leave credits earned prior to the date of injury may be carried over pursuant to s. ER 18.02 (6) .

(6)  An employee may elect to use accrued paid leave credits to supplement payments under s. 230.36 , Stats., to the extent that the employee shall receive the equivalent of the employee's base pay as defined under s. ER 1.02 (5) . Notice of such election by the employee shall be reported as provided in sub. (2) .

History: Cr. Register, October, 1972, No. 202 , eff. 11-1-72; am. (4), Register, September, 1975, No. 237 , eff. 10-1-75; am. (4), Register, December, 1976, No. 252 , eff. 1-1-77; am. (1) to (4) and r. and recr. (5), Register, February, 1981, No. 302 , eff. 3-1-81; renum. from ER-Pers 28.04 and am. (1) to (3) and (5), cr. (6), Register, May, 1988, No. 389 , eff. 6-1-88; correction in (1), (2) under s. 13.92 (4) (b) 6. , Stats., correction in (6) under s. 13.92 (4) (b) 7. , Stats., Register September 2015 No. 717 .