Terms Used In Wisconsin Statutes 321.68

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
   (1)    In this section, “injury” means a mental or physical harm.
   (2)   The department of administration shall administer this section in the same manner it administers s. 230.36.
   (3)   
      (a)    If a member of the national guard or state defense force suffers injury in the performance of his or her duties while on state active duty, the member shall continue to be fully paid under s. 321.35 or 321.51 upon the same basis as paid prior to the injury.
      (b)    The full pay under par. (a) shall continue while the member is unable to return to active duty as the result of the injury or until the termination of his or her state active duty. At any time during the member’s period of disability the department may, at the department’s expense, order physical or medical examinations to determine the degree of disability.
   (4)   A member denied benefits under this section may appeal to the employment relations commission under s. 230.45 (1) (d).
   (5)   The department is entitled to the right of subrogation for payments made under this section to the same extent an employing agency is entitled to the right of subrogation under s. 230.36 (5).