-----Original Message-----
From: Knutson, Janell [mailto:Janell.Knutson@dwd.state.wi.us]
Sent: Tuesday, May 11, 2004 12:13 PM
To: thtaylor@gundluth.org
Cc: wrscorby@gundluth.org; Philip Lehner
Subject: Latest Amendments to the WCA, effective 3/30/04

This is the department's official position:

Physician assistants and advance practice nurse prescribers
are not competent to give opinions about whether injuries are
work-related.  They are also not authorized to impose work
limitations/restrictions or take employees off from work.

The amendment to s. 102.17 (1) (d) effective 3/30/04 specifically
provides that reports from these practitioners as well as dentists
are not admissible on the cause and extent of disability.  Cause
of disability refers to whether it is work-related.  Extent of
disability refers to how much disability someone has and can be
either temporary or permanent.  Extent of disability covers return
to work restrictions/limitations.

An insurance carrier is not required to pay disability benefits
based on the opinion of a PA or an APNP.   I cannot answer your
question concerning whether the opinion of a PA or APNP is
acceptable under the FMLA or ADA.

The change in our statute allows PA's and APNP's to be paid for
providing treatment to injured workers.  Some worker's compensation
insurance carriers were not paying for treatment provided by PA's and
APNP's because they were not listed as practitioners under the Worker's
Compensation Act.

APNP's approached the Worker's Compensation Advisory Council and asked
for a change in the law so they would be paid in cases where the
employee suffered a compensable injury.

I hope I have adequately answered your question.

Janell M. Knutson
Administrative Law Judge
Section Chief, Madison Operations