COVID-19 Legal Update: Wisconsin

Workers' Compensation Administrative board/ commission

How does the state define an occupational disease?

Occupational disease is chronic physical or mental harm caused by exposure over a period of time to some employment-related substance, condition or activity. Occupational disease includes loss of hearing and deterioration of bodily functions. Examples of common types of occupational disease are dermatitis (skin trouble), infection, silicosis, tuberculosis, pneumonia, lead poisoning, and respiratory disease. In addition, occupational disease includes deterioration of bodily function caused by working conditions over a period of time. For instance, hernias and back trouble caused by repetitive motion or repeated strain over a period of time are considered occupational diseases under the law.

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

Division of Hearings - Telephonic/ Video Conferences
April 10, 2020

Enacted Legislation: Creates COVID-19 Presumption for First Responders (which includes Healthcare Workers)
April 15, 2020

Updated Insurance Bulletin on Coverage for Delivery Drivers for Restaurants During COVID-19 State of Emergency
June 18, 2020

Court Closures & Modified Call

Hearings Notice

Is the administrative court system closed or open?

Telephonic Hearings from 3/23/2020 until further notice.

Does this state have a shelter-in-place in order?

No - order started 3/25/20 to 5/26/20; phased re-opening began 4/29/20.

UPDATE - 5/13/20: WI Supreme Court Strikes Down Governor's Stay-at-Home Order

ANY STATE-SPECIFIC GUIDANCE ON DISABILITY, UNEMPLOYMENT, OR HEALTH BENEFITS FOR COVID-19?

Unemployment.

Last Updated: 2/1/2021

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This document compiles certain state laws and websites relevant to the COVID-19 pandemic. State guidance and other government instruction have changed frequently. We thus may update this document over time.

Please do not hesitate to contact your account manager, resolution manager, or your other preferred contact at Gallagher Bassett with any questions.

Although we have gathered information relevant to COVID-19 and its impact on workers' compensation claims and your businesses, this is not legal advice, it does not include all pertinent information, nor should it be the basis for legal, claim, benefit, safety, or human resource-related decisions. If you would like guidance on legal issues arising from COVID-19, including whether a COVID-19 related claim is compensable under a specific state’s laws, please seek advice from legal counsel with expertise in the relevant subject areas and state laws. For Gallagher Bassett clients, if you have reported a workers’ compensation claim, then your resolution manager can assist.

A Further Note on the Statutes, Definitions, Cases, and Websites Cited in this Document. State law controls if a worker is entitled or not entitled to workers’ compensation benefits. Each state can approach this question differently, and the relevant statutes, standards of proof, regulating agencies, court precedent, and other aspects of a workers’ compensation claim vary between jurisdictions. As a general principle, state workers’ compensation laws provide medical and wage loss benefits to workers who suffer bodily injury due to an accident, or bodily injury due to an occupational disease. The relevant bodily injury must arise out of and occur in the course of employment. This document primarily compiles state definitions of “occupational disease.” With respect to diseases for which the employee may be entitled to workers’ compensation benefits, the disease typically must arise from particular conditions of employment that make contracting the disease more likely than in the general population, or otherwise there must be a sufficient connection between a disease and workplace. Please consult the relevant state’s workers’ compensation act for the specific language applicable to an “occupational disease” claim.