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A proposed order of the Wisconsin Department of Workforce Development became effective on November 1, 2007. The order makes certain changes to Chapter DWD 80, Worker's Compensation, of the Wisconsin Administrative Code. It also creates DWD 81, Worker's Compensation Treatment Guidelines.

Some the changes to DWD 80 are only technical amendments, to update the name of the Department of Industry, Labor and Human Relations to the current Department of Workforce Development, or to correct statutory references. Here are highlights of some of the substantive changes:

• The amount of unaccrued compensation or death benefits that may be paid in a lump sum to the injured employee or his or her dependents has been increased from $5,000 to $10,000.
• Provides for a minimum PPD rating of 7.5% at each level of the spine for the implantation of an artificial spinal disc.
• Provides for an increase in compensation for injuries to the dominant hand, and clarifies that compensation based on the increase for dominant hand injuries is to be computed in the same manner as other multiple injury factors.
• Establishes a 24-hour minimum workweek for employees who are members of a regularly scheduled class of part-time employees.

The creation of Chapter DWD 81 makes Wisconsin one of about 20 states that have adopted worker's compensation treatment guidelines (which are sometimes referred to as treatment parameters or protocols). Chapter DWD 81 follows the model of the Minnesota Worker's Compensation Treatment Parameters to the greatest extent possible that is consistent with current Wisconsin law. The following is a list of some of the provisions:

• DWD 81.04 covers general treatment guidelines, and enumerates five exceptions that justify departure from the guidelines.
• DWD 81.05 establishes treatment guidelines for general medical imaging procedures, and specific imaging procedures for low back pain.
• DWD 81.06 creates treatment guidelines for low back pain.
• DWD 81.07 creates treatment guidelines for neck pain.
• DWD 81.08 creates treatment guidelines for thoracic back pain.
• DWD 81.09 creates treatment guidelines for upper extremity disorders.
• DWD 81.10 creates treatment guidelines for complex regional pain syndrome of the upper and lower extremities. (The Minnesota rules refer to this clinical category as reflex sympathetic dystrophy. However, the Wisconsin Health Care Provider Advisory Committee believed that complex regional pain syndrome more accurately reflected the terminology used in current clinical practice.)
• DWD 81.11 establishes treatment guidelines for inpatient hospitalization, including specific requirements for hospital admission of patients with low back pain.
• DWD 81.12 creates treatment guidelines for surgical procedures.
• DWD 81.13 creates treatment guidelines for chronic management applicable to all types of physical injuries.
  

Generally, the treatment guidelines include diagnostic procedures, general treatment guidelines, passive and active treatment modalities, therapeutic injections, surgery, chronic management, durable medical equipment, treatment evaluation by health care providers, and medication management. In some categories, there are particular guidelines that relate to specific physical conditions falling under that section.

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