Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.
Interesting take on a provision in the newly proposed Worker’s Compensation Advisory Council (WCAC) bill: https://wisconsinui.wordpress.com/2016/01/15/substantial-fault-and-misconduct-principles-from-unemployment-law-to-come-to-workers-compensation/
One of the provisions in the new WCAC bill would allow denial of temporary disability/lost time benefits if a worker is terminated for “misconduct” or “substantial fault.” These terms will be defined based on unemployment law standards. Misconduct and substantial fault recently were brought into play with changes to the unemployment insurance laws in Wisconsin. These legislative changes certainly were employer-friendly, allowing employers a greater ability and opportunity to deny unemployment benefits.
With worker’s compensation poised to adopt this standard for lost time benefit denials, workers definitely could face a rough spot when recovering from a job injury. If the employer terminates a worker for alleged misconduct or substantial fault, they would be denied unemployment benefits and worker’s compensation benefits–until an administrative hearing is held to determine the legitimacy of the employer’s actions. The possibility for many worker’s compensation hearings turning into “he said/she said” determinations like in unemployment cases is a strong possibility.
In the bigger picture, all sides must remember that this was a compromised agreed-upon bill by labor and management. Both sides gained and gave up provisions–this produces the stability in the worker’s compensation system.