2018 Workers Compensation Newsletter - Third Quarter

In an otherwise compensable workers’ compensation case, is an employer permitted to use salary continuation and can payments of salary continuation serve as a credit against TTD obligations?

 

Yes. In Wisconsin, an employer is permitted to use salary continuation in an otherwise compensable workers’ compensation case.  However, the payments may not serve as a credit against TTD obligation in the sense that ultimately the carrier may need to repay the employer (though an employee cannot double recover).  Regardless of the formula used to pay an employee following a compensable work injury, whether paid as only TTD or a combination of TTD and salary continuation, the employee ultimately must receive the full TTD amount due. Please see memo here.