230.36 Hazardous employment, injuries, pay continued.

(1m) In this section:

(a) “Injury" means physical harm to an employee caused by accident or disease.

(b) “Performance of duties" means duties performed in the line of duty by any of the following:

1. A forest ranger or field employee of the department of natural resources who is subject to call for forest fire control duty at a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50, and lifeguard, at all times while:

a. Driving or riding in a vehicle, aircraft or boat under circumstances which require hazardous maneuvering or speed in excess of the normal or posted limits in the performance of fire control duties;

b. Engaged in an effort to save lives, recover dead bodies, or protect public or private property;

c. Going to or returning from a fire and while engaged in the suppression of a fire; or

d. Engaged in public demonstration or training exercises provided such demonstration or training exercises are authorized by the appointing authority.

2. A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, University of Wisconsin System police officer, security officer, or security person, other state facilities police officer, special tax agent, excise tax investigator employed by the department of revenue, and special criminal investigation agent employed by the department of justice at all times while:

a. In the process of making an arrest or investigating any violation or suspected violation of the law or the quelling of a riot or any other violence;

b. Engaged in an effort to save lives, recover dead bodies or protect public or private property;

c. Driving or riding in a vehicle, aircraft or boat under circumstances which require hazardous maneuvering or speed in excess of the normal or posted limits in the performance of law enforcement duties; or

d. Engaged in public demonstration or training exercises provided such demonstration or training exercises are authorized by the appointing authority.

3. A guard, institution aide, or other employee at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a juvenile correctional facility, as defined in s. 938.02 (10p), and a state probation, extended supervision, and parole officer, at all times while:

a. In the process of quelling a riot or disturbance or other act of violence;

b. In the process of restraining patients, inmates, probationers, parolees or persons on extended supervision and apprehending runaways or escapees, including probationers, parolees and persons on extended supervision;

c. When injury is occasioned as the result of an act by a patient, inmate, probationer, parolee or person on extended supervision;

d. In the process of making an arrest or investigating any violation or suspected violation of law pursuant to police powers authorized by s. 46.058 (2) or 301.29 (2) and rules adopted pursuant thereto;

e. Going to or returning from a fire, engaging in the suppression of a fire, evacuating patients or inmates because of a fire or engaging in fire drills; or

f. When disease is contracted as a result of exposure to such disease arising out of the care of inmates or patients.

4. A drivers' license examiner at all times while examining drivers, conducting road tests or checking motor vehicles.

5. An engineering aide, engineer or building construction superintendent at all times while:

a. Driving or riding in vehicles which require hazardous maneuvering of extremely slow speed while marking or measuring physical characteristics of highways.

b. Surveying or inspecting within the right-of-way of highways on which traffic is maintained.

c. Surveying or inspecting on construction sites where heavy equipment is operating.

d. Investigating or inspecting highways, structures or terrain under hazardous conditions.

(2m)

(a) If any of the following state employees suffers injury while in the performance of duties, the employee shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation:

1. A conservation warden.

2. A conservation patrol boat captain.

3. A conservation patrol boat engineer.

4. A state forest ranger.

5. A conservation field employee of the department of natural resources who is subject to call for fire control duty.

6. A member of the state patrol.

7. A state motor vehicle inspector.

8. A lifeguard.

9. A excise tax investigator employed by the department of revenue.

10. A special criminal investigation agent employed by the department of justice.

11. A special tax agent.

12. A state drivers' license examiner.

14. A University of Wisconsin System police officer or other state facilities police officer and patrol officer.

15. A security officer or security person.

16. An engineer.

17. An engineering aide.

18. A building construction superintendent.

20. A guard or institutional aide or a state probation, extended supervision, and parole officer or any other employee whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a juvenile correctional facility, as defined in s. 938.02 (10p), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics.

21. A state employee who is not listed in this paragraph who is ordered by his or her appointing authority to accompany an employee listed in this paragraph while the listed employee is engaged in duties enumerated under sub. (1m) (b).

22. A state employee who is not listed in this paragraph who is ordered by his or her appointing authority to perform duties enumerated under sub. (1m) (b), when permitted, in lieu of a listed employee.

(b) The full pay under par. (a) (intro.) shall continue while the employee is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employee's period of disability the appointing authority may, at the expense of the employing agency, order physical or medical examinations to determine the degree of disability.

(4) An employee denied benefits under this section may appeal to the commission under s. 230.45 (1) (d).

(5) An employing agency that makes payments under this section is entitled to the right of subrogation for reimbursement to the extent that the injured employee may recover the reimbursed items in an action or claim in tort against any 3rd party. The repayment shall not exceed the total sums paid to the injured employee under this section and shall be limited to the total sum credited to the injured employee, as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of the 3rd party.

(6) Any person who is employed by the University of Wisconsin Hospitals and Clinics Authority, who suffers an injury between June 29, 1996, and June 30, 1997, shall be covered under this section if the person, had he or she been a state employee, would have been covered under this section.

History: 1971 c. 164, 270; 1973 c. 333 s. 201m; 1975 c. 39, 189, 199, 224, 422; 1977 c. 26; 1977 c. 196 ss. 57, 119, 130 (4); 1977 c. 418 ss. 728, 729, 924 (50); 1977 c. 447 ss. 146, 206; Stats. 1977 s. 230.36; 1979 c. 32; 1979 c. 221 ss. 745, 746, 2202 (15); 1985 a. 29, 135; 1987 a. 27, 83; 1989 a. 31; 1993 a. 98, 215, 491; 1995 a. 27, 77; 1997 a. 283; 1999 a. 63, 85, 186; 2001 a. 16, 103, 104; 2003 a. 83; 2005 a. 22, 344.

Discussion of s. 230.36, 1977 stats., continuation of pay to employee injured in hazardous employment, with respect to long-term disability. 68 Atty. Gen. 25.