Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.02 - Definitions

Current through June 24, 2024
Unless the context clearly requires otherwise, words, phrases
				and terms shall have the meanings set forth in s.
				40.02, Stats., and s.
				ETF
				10.01. In this chapter:
(1) "Effective date" means the date
			 determined under s.
			 ETF
			 52.10.
(1m) "Fire fighter" means an employee of the
			 fire department of a participating employer who was classified for that
			 employment as a protective occupation participant as defined in s.
			 40.02(48) (b)
			 (2), Stats.
(2) "Light duty" means the limiting of the
			 participant's job duties as determined by the employer or the participant's
			 physician because of medically imposed restrictions associated with an apparent
			 disability, or the employer's assignment of the participant to another
			 position, the duties of which the participant is capable of performing
			 notwithstanding the apparent disability, and which does not cause the
			 participant to be reclassified to a category other than protective occupation
			 participant.
(3) "Lump sum payment"
			 means a payment, or that portion of a payment, which covers a period other than
			 the current benefit payment period established for those benefits.
Example: Worker's compensation benefits are payable in weekly
				payments. If a worker's compensation payment covered this week and the previous
				2 weeks, the portion covering the previous 2 weeks would be a lump sum payment.
				Wisconsin retirement system annuities are payable monthly. A payment covering
				the previous 12 months, but not the current month, would be a lump sum
				payment.
(4) "Medical
			 report" means a written certification on the form prescribed by the department
			 by a physician, as defined in s.
			 448.01(5),
			 Stats., who practices in this state, concerning the medical evaluation,
			 diagnosis, prognosis and causal factors of the condition of an applicant for
			 duty disability benefits.
Note
"Duty Disability Medical Report," form
				ET-5312.
(5) "Protective
			 occupation participant" as used in s.
			 40.65(4)
			 (intro.), Stats., means a person who was a protective occupation participant
			 within the meaning of s.
			 40.02(48),
			 Stats., on the date the injury occurs, or the disease is contracted, which
			 leads to the disability under s.
			 40.65(4),
			 Stats.
(6) "Qualifying date" means
			 the date on which a participant became disabled under s.
			 40.65(4),
			 Stats., as determined under s.
			 ETF
			 52.08.
(7)
			 "Qualifying medical report" means a medical report, consistent with attached
			 medical records, which certifies that an applicant for duty disability benefits
			 is disabled as described by s.
			 40.65(4),
			 Stats.
(8) "Receiving duty
			 disability benefits" as used in this chapter, or "receiving a benefit under
			 this section" as used in s.
			 40.65(6),
			 Stats., refers to a person who has applied for and been found eligible to
			 receive duty disability benefits under s.
			 40.65,
			 Stats., regardless of the effect of any monthly reductions on the net duty
			 disability benefit payable.