Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section EMP.04.19 — Limitations On Compensation

(a) In cases where it is determined that periodic benefits granted by the federal Social Security Act are paid to the worker because of disability, the benefits payable under this Ordinance shall be reduced as discussed in Wis. Stat. § 102.44(5).

(b) The worker may not claim compensation for a disability if he or she was rehired in a position where the actual wage loss in comparison with earnings at the time of the injury equals or exceeds 15% as in Wis. Stat. § 102.44(6). The worker is required to make a diligent effort to find employment.

(c) Compensation will be denied, if the injury results from the worker's:

(1) failure to use safety devices that have been provided by the employer, which the worker has notice of and does not have a valid reason or a medical excuse for not using the safety devices,

(2) failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of workers and of which the worker has notice and does not have a valid reason or a medical excuse for not following the rule; or

(3) misconduct, including use of alcohol or controlled substances.

(d) Compensation, for a claim due to cumulative injury or occupational disease, will be reduced if the worker has been employed for a limited time, as follows:

(1) Workers are not eligible for compensation when employed full-time for a period up to 4 months.

(2) Workers receive 25% of eligible compensation for a claim made while employed full-time for a period of 4 to 8 months.

(3) Workers receive 50% of eligible compensation for a claim made while employed full-time for a period of 8 to 12 months.

(4) Workers receive 75% of eligible compensation for a claim made while employed full-time for a period of 12 to 18 months.

(5) Workers are eligible for full compensation after being employed full-time more than 18 months.

(6) The time frames, which are provided in subsection (d)above, should be lengthened appropriately for workers who are employed on a part-time basis.

(e) Claims due to tobacco use or second-hand smoke in the workplace shall not be compensable.

(f) A worker is no longer eligible to receive temporary disability benefits, if the worker returns to work, or could return to work, and then is subsequently discharged for employment-related misconduct.