Section 52.07. Disability.

  A participant is disabled within the meaning of s. 40.65 (4) , Stats., if all of the following apply:

(1)   Work-related. The participant was injured while performing his or her duty as a protective occupation participant of a participating employer or contracted a disease due to that occupation.

(2)   Permanency. The disability is likely, to a reasonable degree of medical certainty, to be permanent.

(3)   Severity. The disability is so severe that it causes one or more of the following:

(a) The applicant is medically required to terminate the participating employment.

(b) The employer or physician assigns the applicant to light duty regardless of whether a light duty position is available.

(c) The employer reduces the applicant's pay. Only a reduction in regular monthly earnings meets the requirement of this subsection. Loss of shift differential payments, uniform allowances, or other collateral payments are not reductions of pay within the meaning of s. 40.65 (4) (c) 2. , Stats. Receipt of temporary disability compensation under s. 102.43 , Stats., in lieu of regular pay may be a reduction of pay for purposes of duty disability benefit eligibility when the employer does not make up the difference between workers' compensation and regular monthly earnings, and if the participant terminates employment while still receiving temporary disability compensation. A situation in which the participant is not working and is not receiving any earnings would be considered a reduction in pay.

(d) The employer reduces the applicant's position. Assigning a formerly full-time employee to a part-time position or reducing a part-time employee's hours is considered a reduction of position for the purposes of this chapter. An employee who never returns to work is also considered to have received a reduction in position for the purposes of this chapter. Assigning the applicant to a position which does not satisfy the criteria under s. 40.02 (48) , Stats., defining a protective occupation participant is a reduction of position . for the purposes of this chapter.

(e) The employer prohibits the applicant from promotion for which the applicant is otherwise fully qualified, solely on the basis of the applicant's disability and under the express terms of a valid state or local employer rule, ordinance, policy, or written agreement which is not superseded by state or federal law.

(4)   Temporary actions non-qualifying. Assignments to light duty, or reductions in pay or position or promotional opportunities, which are temporary in nature, such as actions taken to allow recovery, are not consistent with a permanent disability and do not qualify a participant for duty disability benefits.

Cr. Register, September, 1998, No. 513 , eff. 10-1-98; correction in (3) (c) made under s. 13.93 (2m) ((b) 7., Stats., Register January 2004 No. 577 ; CR 13-029 : am. (3) (b) to (d), (4) Register November 2013 No. 695 , eff. 12-1-13.

Note

See s. 40.02 (48)(b) 1. to 3. , Stats., defining "police officer," "fire fighter," "deputy sheriff" and "county traffic police officer," concerning their continuing protective occupation status even if temporarily assigned to other duties. Microsoft Windows NT 6.1.7601 Service Pack 1