Oneida Business Committee (2021)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
May 19, 2021
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public due to the Public Health State
of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording
of the meeting will be made available on the Nation’s website.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. May 5, 2021 LOC Meeting Minutes (pg. 2)
III.
Current Business
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
1. Legislative Operating Committee Fiscal Year 2021 Second Quarter Report (pg. 4)
2. E-Poll Results: Approval of the Oneida Worker’s Compensation Law Emergency
Amendments Adoption Packet (pg. 11)
3. E-Poll Results: Approval of the Early Return to Work Law Emergency Amendments Adoption
Packet (pg. 61)
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
May 5, 2021
3:00 p.m.
Present: Kirby Metoxen Jennifer Webster, Marie Summers, Daniel Guzman King
Excused: David P. Jordan
Others Present: Clorissa N. Santiago, Kristen Hooker, Aliskwet Ellis, Justin Nishimoto
I.
Call to Order and Approval of the Agenda
Kirby Metoxen called the May 5, 2021, Legislative Operating Committee meeting to order
at 3:00 p.m.
Motion by Jennifer Webster to adopt the agenda; seconded by Marie Summers. Motion
carried unanimously.
II.
Minutes to be Approved
1. April 21, 2021 LOC Meeting Minutes
Motion by Jennifer Webster to approve the minutes; seconded by Daniel Guzman King.
Motion carried unanimously.
III.
Current Business
1. Public Peace Law
Motion by Jennifer Webster to approve the Public Peace law public comment period packet
and forward the Public Peace law to a public comment period to be held open until June 9,
2021; seconded by Marie Summers. Motion carried unanimously.
2. Oneida General Welfare Law Amendments
Motion by Jennifer Webster to approve the Oneida General Welfare law amendments
public comment period notice for the question, “Should assistance provided by an
approved program under the Oneida General Welfare law be subject to attachment or
garnishment?” and forward this question to a public comment period to be held open until
June 9, 2021; seconded by Marie Summers. Motion carried unanimously.
3. Budget Management and Control Law Emergency Amendments
Motion by Jennifer Webster to approve the Budget Management and Control law
emergency adoption packet and forward to the Oneida Business Committee for
consideration; seconded by Daniel Guzman King. Marie Summers abstained. Motion
carried.
4. Oneida Nation Gaming Ordinance Emergency Amendments
Motion by Marie Summers to approve the Oneida Nation Gaming Ordinance emergency
amendments and legislative analysis and forward to the Oneida Business Committee for
consideration; seconded by Jennifer Webster. Motion carried unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of May 5, 2021
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ONEIDA
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IV.
New Submissions
1. Budget Management and Control Law Emergency Repeal
Motion by Jennifer Webster to deny the request to bring forward an emergency repeal of
the Budget Management and Control law; seconded by Daniel Guzman King. Marie
Summers abstained. Motion carried.
V.
Additions
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Marie Summers to adjourn at 3:27 p.m.; seconded by Daniel Guzman King.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of May 5, 2021
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Legislative Operating Committee
FY2021 Second Quarter Report
Name of Legislation
Active Files List As of 3/31/2021
Work completed January 1, 2021 – March 31, 2021
Development
Public Input
Audit Committee Bylaws Amendments
Budget Management and Control Law Amendments
Business Corporations Law
Children’s Code Amendments
Code of Ethics Law Amendments
Community Support Fund Law Amendments
Credit Collections Law Amendments
Drug and Alcohol Free Law for Elected and Appointed
Officials
Emergency Management and Homeland Security Law
Amendments
Endowments Law
Environmental Review Law
Furlough Law Amendments
GTC Meeting Stipends Payment Policy Amendments
Industrial Hemp Law
Investigative Leave Policy Amendments
Law Enforcement Ordinance Amendments
Layoff Policy Amendments
Marijuana Law
Misappropriations of Funds Law
Oneida General Welfare Law Emergency Amendments
Emerg. Expires 8/10/21
Oneida Higher Education Pandemic Relief Fund Law
Emergency Amendments Emerg. Expires 8/24/21
Oneida Land Trust Law
Oneida Nation Emergency Planning Committee Bylaws
Oneida Nation Gaming Ordinance Amendments
Oneida Personnel Policies and Procedures Amendments
Oneida Trust Enrollment Committee Bylaws
Pandemic Relief Assistance Law Emerg. Expires 5/24/21
Public Peace Law
Real Property Law Amendments
Recycling and Solid Waste Disposal Law Amendments
Sanctions and Penalties Law
Taxation Law
Traffic Law
Wellness Court Law
Workplace Violence Law Amendments
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GTC/OBC Consideration
or Adoption
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January 2021 – March 2021
Legislative Operating Committee FY21 Second Quarter Report
Legislative Operating Committee Action on Legislative Requests
During the FY21 Second Quarter the Legislative Operating Committee added one (1) legislative
item to its Active Files List and denied the request for one (1) legislative item.
Items Added to the Active Files List by the Legislative Operating Committee
On February 3, 2021, the Legislative Operating Committee added the Audit Committee bylaws
amendments to its Active Files List.
Items Denied by the Legislative Operating Committee
On March 3, 2021, the Legislative Operating Committee denied a request for emergency
amendments to be made to the Children’s Code due to the standard for emergency legislation
provided by the Legislative Procedures Act not being met.
FY21 Second Quarter Legislative Accomplishments
The Legislative Operating Committee brought forward the following legislation for adoption or
amendment during the FY21 Second Quarter:
Oneida General Welfare Law Emergency Amendments
The purpose of the Oneida General Welfare law is to provide assistance on a non-taxable basis, to
eligible Tribal members through approved programs that promote the general welfare of the
Nation. [10 O.C. 1001.1-1, 1001.1-3]. Emergency amendments to the Oneida General Welfare
law were sought to better address how an approved program is adopted by the Oneida Business
Committee in an effort to allow for more flexibility and efficiency in addressing the needs of the
Nation. The emergency amendments to the Oneida General Welfare law:
Revised the definition of approved program to allow an approved program to be adopted
by the Oneida Business Committee through resolution or law of the Nation. [10 O.C.
1001.3-1(a)].
The Oneida Business Committee adopted the emergency amendments to this law on February 10,
2021, through resolution BC-02-10-21-B. The adoption of emergency amendments to this law will
expire on August 10, 2021, with one (1) opportunity for a six (6) month extension.
Oneida Higher Education Pandemic Relief Fund Law Emergency Amendments
The purpose of the Oneida General Welfare law is to create the Oneida Higher Education
Pandemic Relief Fund to assist eligible Tribal members enrolled as students in higher education
institutions for the 2020 Fall Term. [10 O.C. 1003.1-1]. Emergency amendments to the Oneida
Higher Education Pandemic Relief Fund were sought to allow the Oneida Higher Education
Pandemic Relief Fund to continue to be utilized in the event additional Coronavirus Aid, Relief,
and Economic Security (CARES) Act Coronavirus Relief Funds were received by the Nation. The
emergency amendments to the Oneida Higher Education Pandemic Relief law:
Removed references to the 2020 Fall Term [10 O.C. 1003.1-1]; and
Eliminated references to the December 15, 2020 deadline to provide proof of expenditures
and instead provide that proof of expenditures or expenses must be provided by the
appropriate deadline provided for in the Oneida Higher Education Pandemic Relief Fund
standard operating procedure. [10 O.C. 1003.4-2(c), 1003.4-4(a)].
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January 2021 – March 2021
Legislative Operating Committee FY21 Second Quarter Report
The Oneida Business Committee adopted the emergency amendments to this law on February 24,
2021, through resolution BC-02-24-21-B. The adoption of emergency amendments to this law will
expire on August 24, 2021, with one (1) opportunity for a six (6) month extension.
Emergency Management and Homeland Security Law Amendments
The purpose of the Emergency Management law, formally known as the Emergency Management
and Homeland Security law, is to provide for the development and execution of plans for the
protection of residents, property, and the environment in an emergency or disaster; provide for the
direction of emergency management, response, and recovery on the Reservation, as well as
coordination with other agencies, victims, businesses, and organizations; establish the use of the
National Incident Management System; and designate authority and responsibilities for public
health preparedness. [3 O.C. 302.1-1]. The amendments to the Emergency Management law:
Amended the title from Emergency Management and Homeland Security law to the
Emergency Management law;
Revised references to Oneida Community Health Services to Comprehensive Health
Division [3 O.C. 302.3-1(d)];
Revised the title of the Emergency Management and Homeland Security Agency to
Emergency Management Department [3 O.C. 302.4];
Removed a provision regarding the Public Safety Officers’ Benefits Program from the law
because it is provided for in federal law;
Clarified that the Nation may implement more strict policies or requirements than those
issued by the Community/Public Health Officer [3 O.C. 302.6-2];
Clarified that it is within the authority of the Community/Public Health Officer to issue
any mandate, order, and/or require restrictions which may limit the spread of any
communicable disease to any individual, business, or the general population of the
Reservation [3 O.C. 302.7-4(c)];
Removed a provision that required the Oneida Community Health Services to be
responsible for certain expenses of an infected individual;
Addressed the authority of the Community/Public Health Officer to organize the
vaccinations of individuals during the Public Health Emergency [3 O.C. 302.7-6(a)];
Clarified exemptions to the requirements for vaccines [3 O.C. 302.7-6(a)(1)(A)-(B)];
Extended the time period for a proclamation of an emergency from thirty (30) days to sixty
(60) days [3 O.C. 302.8-2];
Clarified that the Conservation Department may contract with an agency to cover their
responsibility for the care, disposal, and sheltering of all abandoned domestic animals and
livestock during a proclaimed emergency [3 O.C. 302.8-5];
Delegated authority to the Oneida Business Committee to establish an Emergency Core
Decision Making Team upon the declaration of an emergency and determine which
positions of the Nation will compose the Emergency Core Decision Making Team [3 O.C.
302.9-1];
Delegated authority to the Emergency Core Decision Making Team to declare exceptions
to any law, policy, procedure, regulation, or standard operating procedure of the Nation [3
O.C. 302.9-2];
Provided how the Emergency Core Decision Making Team will make declarations, and the
duration of authority for those declarations [3 O.C. 302.9-3, 302.9-4];
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January 2021 – March 2021
Legislative Operating Committee FY21 Second Quarter Report
Required that notification of any declaration be provided to the Oneida Business
Committee within twenty-four (24) hours of a declaration being made [3 O.C. 302.9-5];
Clarified the authority of the Oneida Business Committee to modify, extend, or repeal any
declaration or emergency action taken by the Emergency Core Decision Making Team [3
O.C. 302.9-6];
Provided that citations issued for violations of this Law shall be processed in accordance
with the procedure contained in the Nation’s laws and policies governing citations [3 O.C.
302.10-2(a);
Provided that the Oneida Business Committee shall adopt through resolution a citation
schedule which sets forth specific fine amounts for violations of this Law [3 O.C. 302.102(b)]; and
Made other minor drafting changes throughout the law for clarity.
The Oneida Business Committee adopted the amendments to the Emergency Management law on
March 10, 2021, through resolution BC-03-10-21-A.
Community Support Fund Law Amendments
The purpose of the Community Support Fund law is to assist the greatest number of members of
the Nation who apply for financial assistance to the Fund in times of a catastrophic event,
catastrophic illness or injury, or emergency event when no other resources for assistance exist. [1
O.C. 125.1-1]. The amendments to the Community Support Fund law:
Included a definition for Fund Operator, which is the Economic Support Services
Department, or other department within the Governmental Services Division designated
authority over the operation of the Fund [1 O.C. 125.3-1(i)];
Revised the definition of “immediate family” to better reflect Oneida families [1 O.C.
125.3-1(j)];
Included public health emergency as a catastrophic event, catastrophic illness or injury, or
emergency event that qualifies an applicant for assistance from the Fund [1 O.C. 125.46(f)];
Clarified that the Fund may only be used for the waiting period for a Social Security
Disability Determination rent and utility assistance up to a maximum of twelve (12) months
[1 O.C. 125.6-1(l)];
Removed the requirement that security deposit assistance only be available to those
members of the Nation who are Wisconsin residents [1 O.C. 125.6-2];
Removed the requirement that the amount paid for a security deposit be paid back to the
Fund before another security deposit is issued in the future [1 O.C. 125.6-2(b)];
Clarified that an applicant must clarify that he or she applied to his or her local Emergency
Assistance Program prior to applying for utility assistance from the Fund [1 O.C. 125.63];
Removed the requirement that funeral travel expenses are only provided to arrange or
attend a funeral for immediate family members outside the state where the applicant resides
[1 O.C. 125.6-1(n), 125.6-4];
Clarified that lodging assistance due to homelessness or for any other reason not related to
a catastrophic event or emergency event, insurance deductibles, and home renovations not
related to handicap accessibility are not covered by the Fund [1 O.C. 125.7-1(h)(l)(m)];
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January 2021 – March 2021
Legislative Operating Committee FY21 Second Quarter Report
Removed the requirement that an applicant provide all household income the last thirty
(30) business days immediately prior to the submission of the application [1 O.C. 125.82];
Expanded the time period for an applicant to submit an application from thirty (30) days to
forty-five (45) days [1 O.C. 125.8-5];
Adjusted the appeal process to reflect reorganization of the Governmental Services
Division [1 O.C. 125.9]; and
Made other minor drafting changes throughout the law for clarity.
The Oneida Business Committee adopted the amendments to the Community Support Fund law
on March 10, 2021, through resolution BC-03-10-21-C.
Oneida Nation Emergency Planning Committee Bylaws Amendments
The Legislative Operating Committee worked with the Oneida Nation Emergency Planning
Committee (ONEPC) on the development and adoption of amendments to the Oneida Nation
Emergency Planning Committee bylaws. The amendments to the Oneida Nation Emergency
Planning Committee bylaws addressed:
The process for filling vacancies on the Oneida Nation Emergency Planning Committee;
The qualifications necessary for membership on the ONEPC;
The Officer positions on the ONEPC, as well as the process for selecting those Officers
and the duties assigned to each specific Officer position;
The behavioral expectations of those serving on the ONEPC;
The process for calling, noticing, conducting and recording meetings of the ONEPC;
The process for terminating the appointment of ONEPC members;
The requisite training/conferences for members of the ONEPC;
Stipend eligibility; and
The process for further amendments to the ONEPC’s bylaws.
The Oneida Business Committee adopted the amendments to the Oneida Nation Emergency
Planning Committee bylaws on January 27, 2021.
Landlord-Tenant Law Rule No. 2 – Income Based Rental Program Eligibility, Selection, and
Other Requirements
The Comprehensive Housing Division sought emergency amendments to the Landlord Tenant
Law Rule No. 2 - Income Based Rental Program Eligibility, Selection and Other Requirements
("the Rule") to temporarily suspend eligibility requirements related to income and debt in response
to the COVID-19 pandemic. The emergency amendments to the Rule
temporarily suspended the requirement that an individual meet a minimum household
income of seven thousand and eight hundred dollars ($7,800) per year in recognition of the
community hardships brought on by the COVID-19 pandemic [Rule 2.4-3]; and
temporarily suspended the requirement that an individual not have a past due balance
greater than two hundred dollars ($200) owed to any utility provider or any prior debt owed
to the Comprehensive Housing Division, provided that the health and safety safeguards
will continue to require applicants to be eligible to have utilities turned on in their rental
units. [Rule 2.4-4].
On January 20, 2021, the Legislative Operating Committee reviewed the proposed emergency
amendments to the Rule as required by the Administrative Rulemaking law. [1 O.C. 106.10-2].
The Legislative Operating Committee certified that there is a valid basis for an emergency and
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January 2021 – March 2021
Legislative Operating Committee FY21 Second Quarter Report
forwarded the emergency amendments to the Rule to the Oneida Business Committee for
consideration. The Oneida Business Committee adopted the emergency amendments to the Rule
on January 27, 2021. The emergency amendments to this Rule will expire on July 27, 2021.
FY21 First Quarter Legislative Highlights
The Legislative Operating Committee would like to highlight its work on the following legislative
items during the FY21 Second Quarter:
Budget Management and Control Law Amendments
The Legislative Operating Committee held four (4) work meetings during the FY21 Second
Quarter on the development of amendments to the Budget Management and Control law. Some of
the work meetings were held in collaboration with the Treasurer, Finance Administration, Budget
Analyst, and Strategic Planner.
Furlough Law Amendments
The Legislative Operating Committee held four (4) work meetings during the FY21 Second
Quarter on the development of proposed amendments to the Furlough law. Some of the work
meetings were held in collaboration with representatives from the Human Resources Department
and Retail.
Oneida Nation Gaming Ordinance Emergency Amendments
The Legislative Operating Committee held five (5) work meetings during the FY21 Second
Quarter on the development of emergency amendments to the Oneida Nation Gaming Ordinance.
Some of the work meetings were held in collaboration with the Oneida Law Office, Oneida
Gaming Commission, Oneida Police Department, Oneida Internal Security Department, Oneida
Police Commission, and Gaming.
Public Peace Law
The Legislative Operating Committee held four (4) work meetings during the FY21 Second
Quarter on the development a Public Peace law. Some of the work meetings were held in
collaboration with the Oneida Business Committee, Oneida Law Office, Oneida Police
Department, Tribal Action Plan (TAP), and the Comprehensive Housing Division.
Wellness Court Law
The Legislative Operating Committee held six (6) work meetings during the FY21 Second Quarter
on the development of a Wellness Court law and its corresponding policies and procedures. Some
of the work meetings were held in collaboration with the Oneida Judiciary, Wellness Court
Coordinator, Oneida Police Department, General Manager, Oneida Behavioral Health, Legal
Resource Center, Tribal Action Plan (TAP), and the Wisconsin Department of Corrections.
FY21 Second Quarter Legislative Operating Committee Meetings
Typically, all Legislative Operating Committee meetings are open to the public and held on the
first and third Wednesday of each month, at 9:00 a.m. in the Norbert Hill Center’s Business
Committee Conference Room.
Due to the COVID-19 pandemic and the Nation’s Public Health State of Emergency the
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January 2021 – March 2021
Legislative Operating Committee FY21 Second Quarter Report
Legislative Operating Committee meetings have been closed to the public. An audio recording of
the Legislative Operating Committee meeting is made available on the Nation’s website after the
meeting concludes. Any individual who has comments or questions regarding open session items
on a Legislative Operating Committee meeting agenda may submit the comments or questions to
LOC@oneidanation.org no later than the close of business the day prior to an Legislative
Operating Committee meeting. Any comments received are noticed to the Legislative Operating
Committee.
The Legislative Operating Committee held the following meetings during the FY21 First Quarter:
January 20, 2021 – Regular meeting;
February 3, 2021 – Regular meeting;
February 17, 2021 – Regular meeting; and
March 3, 2021 – Regular meeting.
Goals for FY21 Third Quarter
During the FY21 Second Quarter the Legislative Operating Committee will focus its legislative
efforts on the following matters:
1. Continued response to the COVID-19 pandemic;
2. Adopt amendments to the Audit Committee Bylaws;
3. Adopt emergency amendments to the Oneida Nation Gaming Ordinance;
4. Hold open a public comment period for the Public Peace law;
5. Develop a draft for the proposed amendments to the Furlough law; and
6. Develop a draft for the proposed amendments to the Budget Management and Control
law.
Legislative Reference Office
The Legislative Reference Office’s mission is to provide support for the Legislative Operating
Committee in developing clear and consistent legislation that reflects the Nation’s values, builds
upon the Nation’s strong foundation, and reaffirms our inherent sovereignty. The Legislative
Reference Office is currently staffed by a Senior Legislative Staff Attorney, Clorissa N. Santiago,
and a Legislative Staff Attorney, Kristen Hooker.
Legislative Operating Committee Contact Information
Feel free to contact the LOC at LOC@oneidanation.org
with any questions or comments, or individual LOC
members at the following:
David Jordan, LOC Chairman
djordan1@oneidanation.org
Kirby Metoxen, LOC Vice-Chairman
kmetox@oneidanation.org
Jennifer Webster, LOC Member
jwebste1@oneidanation.org
Daniel Guzman King, LOC Member
dguzman@oneidanation.org
Marie Summers, LOC Member
esummer1@oneidanation.org
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May 11, 2021 Legislative Operating Committee E-Poll
Approval of the Oneida Worker’s Compensation Law Emergency
Amendments Adoption Packet
Good Morning Legislative Operating Committee,
This e-mail serves as the e-poll for the approval of the Oneida Worker’s Compensation law emergency
amendments adoption packet.
EXECUTIVE SUMMARY
Emergency amendments to the Oneida Worker’s Compensation law (the “Law”) are being sought to
address the effects of the May 1, 2021 shooting incident at the Radisson on employees of the Nation. The
emergency amendments to the Law are being sought to ensure that employees of the Nation on duty at
or around the main Oneida Casino, the Irene Moore Activity Center (IMAC), or on the grounds
encompassing the Oneida Casino, IMAC, and the Radisson Hotel and Conference Center (Radisson) on the
evening of May 1, 2021 have access to the necessary resources to address their mental health needs as a
result of the May 1, 2021, shooting incident. The emergency amendments will:
Revise the definition for “Injury or Personal Injury” to include mental harm to an employee caused
by the May 1, 2021 shooting incident at the Radisson [2 O.C. 203.3-1(d)];
Revise the definition for “Covered Injury/Accidents” to include mental harm to an employee
caused by the May 1, 2021 shooting incident at the Radisson [2 O.C. 203.3-1(k)]; and
Extend the timeframe for reporting an injury sustained on the evening of May 1, 2021 during the
shooting incident at the Radisson for consideration for compensation under the Law from fortyeight (48) hours to sixty (60) days after the incident for mental harm, and from forty-eight (48)
hours to thirty (30) days after the incident for physical harm. [2 O.C. 203.9-4].
The Oneida Business Committee is delegated the authority to temporarily enact emergency legislation
when legislation is necessary for the immediate preservation of the public health, safety, or general
welfare of the Reservation population, and the amendment of the legislation is required sooner than
would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and
public meeting are not required for emergency amendments to a law of the Nation. [1 O.C. 109.9-5(a)].
The emergency amendments to this Law are necessary for the preservation of the health and safety of
our Reservation population and the Nation’s employees in order to address the mental health needs that
resulted from the May 1, 2021 incident at the Radisson. Additionally, observance of the requirements
under the Legislative Procedures Act for the adoption of this law would be contrary to public interest. The
Nation must act expeditiously to assist the employees on duty at the main Oneida Casino, the IMAC, or
on the grounds encompassing the Oneida Casino, IMAC, and the Radisson on the evening of May 1, 2021
to ensure their mental health needs are addressed through the Law.
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The emergency amendments to the Law will become effective immediately upon adoption by the Oneida
Business Committee and will remain effective for six (6) months. There will be one (1) opportunity to
extend the emergency amendments to this Law for an additional six (6) month period. [1 O.C. 109.9-5(b)].
An e-poll is necessary for this matter because the next Legislative Operating Committee meeting is not
scheduled until May 19, 2021, and immediate action is required by Legislative Operating Committee to
approve the materials for the Oneida Worker’s Compensation law emergency amendments adoption
packet so that the adoption of the emergency amendments to this law can be submitted to the Oneida
Business Committee for consideration on the May 12, 2021, meeting agenda.
REQUESTED ACTION
Add the Oneida Worker’s Compensation law emergency amendments to the Active Files List with David
P. Jordan as the sponsor, and approve the Oneida Worker’s Compensation law emergency amendments
adoption packet and forward to the Oneida Business Committee.
DEADLINE FOR RESPONSE
May 11, 2021 at 2:00 p.m.
All supporting documentation has been attached to this email for your convenience.
E-POLL RESULTS:
The e-poll was approved by Jennifer Webster, Daniel Guzman King, Kirby Metoxen, Marie Summers, and
David P. Jordan.
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"
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
000000
ONEIDA
Oneida Business Committee
David P. Jordan, LOC Chairperson
May 12, 2021
Oneida Worker's Compensation Law Emergency Amendments
Please find the following attached backup documentation for your consideration of the Oneida
Worker's Compensation Law Emergency Amendments:
1.
2.
3.
4.
5.
Resolution: Emergency Amendments to the Oneida Worker's Compensation Law
Statement of Effect: Emergency Amendments to the Oneida Worker's Compensation Law
Oneida Worker's Compensation Law Emergency Amendments Legislative Analysis
Oneida Worker's Compensation Law (Redline)
Oneida Worker's Compensation Law (Clean)
Overview
Emergency amendments to the Oneida Worker's Compensation law (the "Law") are being sought
to address the effects of the May 1, 2021 shooting incident at the Radisson on employees of the
Nation. The emergency amendments to the Law are being sought to ensure that employees of the
Nation on duty at or around the main Oneida Casino, the Irene Moore Activity Center (IMAC), or
on the grounds encompassing the Oneida Casino, IMAC, and the Radisson Hotel and Conference
Center (Radisson) on the evening of May 1, 2021 have access to the necessary resources to address
their mental health needs as a result of the May 1, 2021, shooting incident. The emergency
amendments will:
• Revise the definition for "Injury or Personal Injury" to include mental hmm to an employee
caused by the May 1, 2021 shooting incident at the Radisson [2 0. C. 203.3-1(d)J;
• Revise the definition for "Covered Injury/Accidents" to include mental hmm to an
employee caused by the May 1, 2021 shooting incident at the Radisson [2 0.C. 203.3-1
(k)]; and
• Extend the time frame for reporting an injury sustained on the evening of May 1, 2021
during the shooting incident at the Radisson for consideration for compensation under the
Law from forty-eight (48) hours to sixty (60) days after the incident for mental harm,
and from forty-eight (48) hours to thirty (30) days after the incident for physical
harm. [2 O.C. 203.9-4].
The Oneida Business Committee can temporarily enact legislation when legislation is necessary
for the immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible under
the Legislative Procedures Act. [1 O.C. 109.9-5}. A fiscal impact statement and public meeting
are not required for emergency legislation. [1 O.C. 109.9-5(a)}.
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A good mind. A good heart. A strong fire.
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The emergency amendments to this Law are necessary for the preservation of the health and safety
of our Reservation population and the Nation's employees in order to address the mental health
needs that resulted from the May 1, 2021 incident at the Radisson.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of this law woµld be contra1y to public interest. The Nation must act expeditiously to
assist the employees on duty at the main Oneida Casino, the IMAC, or on the grounds
encompassing the Oneida Casino, IMAC, and the Radisson on the evening of May 1, 2021 to
ensure their mental health needs are addressed through the Law.
The emergency amendments to the Law will become effective immediately upon adoption by the
Oneida Business Committee and will remain effective for six (6) months. There will be one (1)
opportunity to extend the emergency amendments for an additional six (6) months. [1 0. C. 109.95 (b)}.
Requested Action
Adopt the Resolution: Emergency Amendments to the Oneida Worker's Compensation Law
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A good mind. A good heart. A strong fire.
~
ONEIDA
Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Emergency Amendments to the Oneida Worker’s Compensation Law
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WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Worker’s Compensation law (“the Law”) was adopted by the Oneida Business
Committee through resolution BC-07-07-99-B, and amended through resolution BC-06-2514-B; and
WHEREAS,
the Law sets forth a system of compensation and medical benefits for employees of the
Nation who suffer compensable injuries in the employment of the Nation; and
WHEREAS,
the Nation, its members, employees, guests, and neighbors became the latest victims in
the onslaught of mass shootings in the United States on May 1, 2021; and
WHEREAS,
the Nation and its neighboring communities lost two souls, another suffered serious
wounds, and more endured the trauma of a mass shooting in their community and their
place of work; and
WHEREAS,
the Oneida Business Committee seeks to ensure its employees have access to the
necessary resources to address their mental health needs as a result of the May 1, 2021,
shooting incident; and
WHEREAS,
the Oneida Business Committee is seeking emergency amendments to the Law to ensure
employees on duty at or around the main Oneida Casino, the Irene Moore Activity Center
(IMAC), or on the grounds encompassing the Oneida Casino, IMAC, and the Radisson
Hotel and Conference Center (Radisson) on the evening of May 1, 2021 during the
shooting incident may receive necessary mental health assistance; and
WHEREAS,
the emergency amendments to the Law revise the definition of “Injury or Personal Injury”
to include mental harm to an employee caused by the May 1, 2021 shooting incident at the
Radisson; and
WHEREAS,
the emergency amendments to the Law revise the definition of “Covered Injury/Accidents”
to include mental harm to an employee caused by the May 1, 2021 shooting incident at the
Radisson; and
WHEREAS,
the emergency amendments to the Law extend the timeframe for reporting an injury
sustained on the evening of May 1, 2021 during the shooting incident at the Radisson for
consideration for compensation under the Law from forty-eight (48) hours to sixty (60)
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BC Resolution _____________
Emergency Amendments to the Oneida Worker’s Compensation Law
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days after the incident for mental harm, and from forty-eight (48) hours to thirty (30) days
after the incident for physical harm; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis when legislation is necessary for the immediate
preservation of the public health, safety, or general welfare of the Reservation population,
and the amendment of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and
WHEREAS,
emergency amendments to this Law are necessary for the preservation of the health and
safety of our Reservation population and the Nation’s employees in order to address the
mental health needs that resulted from the May 1, 2021 incident at the Radisson; and
WHEREAS,
observance of the requirements under the Legislative Procedures Act for adoption of these
amendments would be contrary to public interest since the Nation must act expeditiously
to assist the employees on duty at the main Oneida Casino, the IMAC, or on the grounds
encompassing the Oneida Casino, IMAC, and the Radisson on the evening of May 1, 2021
to ensure their mental health needs are addressed through the Law; and
WHEREAS,
adoption of emergency amendments to this Law would remain in effect for a period of six
(6) months, renewable by the Oneida Business Committee for an additional six (6) month
term; and
WHEREAS,
the Legislative Procedures Act does not require a public meeting or fiscal impact statement
when considering emergency legislation; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the emergency
amendments to the Oneida Worker’s Compensation law, effective immediately.
BE IT FINALLY RESOLVED, an employee may request consideration for compensable injuries under the
Oneida Worker’s Compensation law if he or she was on duty at the main Oneida Casino or IMAC and were
on the grounds encompassing the Oneida Casino, IMAC, and the Radisson on the evening of May 1, 2021
during the shooting incident at the Radisson.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
~
ONEIDA
Statement of Effect
Emergency Amendments to the Oneida Worker’s Compensation Law
Summary
This resolution adopts emergency amendments to the Oneida Worker’s Compensation law which.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: May 11, 2021
Analysis by the Legislative Reference Office
This resolution adopts emergency amendments to the Oneida Worker’s Compensation law (“the
Law”). The purpose of the Law is to set forth a system of compensation and medical benefits for
employees of the Nation who suffer compensable injuries in the employment of the Nation. [2
O.C. 203.1-1]. Emergency amendments to the Law are being sought to ensure that employees of
the Nation on duty at or around the main Oneida Casino, the Irene Moore Activity Center (IMAC),
or on the grounds encompassing the Oneida Casino, IMAC, and the Radisson Hotel and
Conference Center (Radisson) on the evening of May 1, 2021 during the mass shooting have access
to the necessary resources to address their mental health needs as a result of the May 1, 2021,
shooting incident. The emergency amendments will:
Revise the definition for “Injury or Personal Injury” to include mental harm to an employee
caused by the May 1, 2021 shooting incident at the Radisson [2 O.C. 203.3-1(d)];
Revise the definition for “Covered Injury/Accidents” to include mental harm to an
employee caused by the May 1, 2021 shooting incident at the Radisson [2 O.C. 203.31(k)]; and
Extend the timeframe for reporting an injury sustained on the evening of May 1, 2021
during the shooting incident at the Radisson for consideration for compensation under the
Law from forty-eight (48) hours to sixty (60) days after the incident for mental harm, and
from forty-eight (48) hours to thirty (30) days after the incident for physical harm. [2 O.C.
203.9-4].
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the
purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C.
109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is
necessary for the immediate preservation of the public health, safety or general welfare of the
reservation population and when enactment or amendment of legislation is required sooner than
would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement
are not required for emergency legislation. [1 O.C. 109.8-1(b) and 109.9-5(a)].
The resolution provides that the emergency amendments to this Law are necessary for the for the
preservation of the health and safety of our Reservation population and the Nation’s employees in
order to address the mental harms that resulted from the May 1, 2021 incident at the Radisson.
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A good mind. A good heart. A strong fire.
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Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of this law would be contrary to public interest. The Nation must act expeditiously to
assist the employees on duty at the main Oneida Casino, the IMAC, or on the grounds
encompassing the Oneida Casino, IMAC, and the Radisson on the evening of May 1, 2021 to
ensure their mental health needs are addressed through the Law.
The adoption of emergency amendments to this Law will take effect immediately upon adoption
by the Oneida Business Committee. The emergency amendments to the Law will remain effective
for six (6) months. The LPA provides the possibility to extend the emergency amendments for an
additional six (6) months, or until the emergency amendments expire or are permanently adopted.
[1 O.C. 109.9-5(b)].
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws
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ONEIDA
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EMERGENCY AMENDMENTS TO THE
ONEIDA WORKER’S COMPENSATION LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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Analysis by the Legislative Reference Office
Revise the definition for “Injury or Personal Injury” to include mental
harm to an employee caused by the May 1, 2021 shooting incident at the
Radisson [2 O.C. 203.3-1(d)];
Revise the definition for “Covered Injury/Accidents” to include mental
harm to an employee caused by the May 1, 2021 shooting incident at the
Radisson [2 O.C. 203.3-1(k)];
Extend the timeframe for reporting an injury sustained on the evening of
May 1, 2021 during the shooting incident at the Radisson for
consideration for compensation under the Law from forty-eight (48)
hours to sixty (60) days after the incident for mental harm, and from fortyeight (48) hours to thirty (30) days after the incident for physical harm [2
O.C. 203.9-4].
Set forth a system of compensation and medical benefits for employees of the
Nation who suffer compensable injuries in the employment of the Nation. [2
O.C. 203.1-1].
Employees of the Nation, Risk Management Office, Human Resources
Department
A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].
A fiscal impact statement is not required for emergency legislation [1 O.C.
109.9-5(a)].
Emergency legislation expires six (6) months after adoption and may be
renewed for an additional six (6) month period.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Worker’s Compensation law (“the Law”) was adopted by the Oneida
Business Committee through resolution BC-07-07-99-B and amended through resolution BC-06-2514-B. The purpose of the Law is to set forth a system of compensation and medical benefits for
employees of the Oneida Nation who suffer compensable injuries in the employment of the Oneida
Nation. [2 O.C. 203.1-1].
B. Request for Emergency Amendments. On May 1, 2021, the Nation, its members, employees, guests,
and neighbors became the latest victims in the onslaught of mass shootings in the United States when
a mass shooting occurred at the Radisson Hotel and Conference Center. Two (2) souls were lost, another
suffered serious wounds, and more endured the trauma of a mass shooting in their community and their
place of work. The Oneida Business Committee seeks to ensure its employees have access to the
necessary resources to address their mental health needs as a result of the May 1, 2021, shooting
incident, and is thereby seeking emergency amendments to the Law to ensure employees on duty at or
around the main Oneida Casino, the Irene Moore Activity Center (IMAC), or on the grounds
encompassing the Oneida Casino, IMAC, and the Radisson Hotel and Conference Center (Radisson)
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on the evening of May 1, 2021 during the shooting incident may receive necessary mental health
assistance.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
Oneida Law Office;
Human Resources Department;
Risk Management Department; and
Gaming Employee Services.
B. The Legislative Operating Committee has held the following work meetings specific to the proposed
emergency amendments to this Law:
May 11, 2021: LOC work meeting with the Oneida Law Office.
SECTION 4. PROCESS
A. These amendments are being considered on an emergency basis. The Oneida Business Committee may
temporarily enact an emergency law where legislation is necessary for the immediate preservation of
public health, safety, or general welfare of the Reservation population and enactment or amendment of
legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].
Emergency amendments to this Law are being pursued for the preservation of the of the health and
safety of our Reservation population and the Nation’s employees in order to address the mental
health needs that resulted from the May 1, 2021 incident at the Radisson.
Observance of the requirements under the Legislative Procedures Act for the adoption of
amendments to this Law would be contrary to public interest. The Nation must act expeditiously to
assist the employees on duty at the main Oneida Casino, the IMAC, or on the grounds
encompassing the Oneida Casino, IMAC, and the Radisson on the evening of May 1, 2021 to ensure
their mental health needs are addressed through the Law.
B. Emergency legislation typically expires six (6) months after adoption, with one (1) opportunity for a
six (6) month extension of the emergency legislation. [1 O.C. 109.9-5(b)].
C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when
considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact
statement will eventually be required when considering permanent adoption of this Law.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Revision of the Definition for “Injury or Personal Injury.” The proposed emergency amendments to
the Law revise the definition of “Injury or Personal Injury” to include mental harm to an employee
caused by the May 1, 2021 shooting incident at the Radisson. [2 O.C. 203.3-1(d)]. Previously, the Law
defined “Injury or Personal Injury” as physical or mental harm to an employee caused by an accident
or disease which arises from exposure to conditions or circumstances beyond those common to
occupational and/or non-occupational life and is predominantly work related. [2 O.C. 203.3-1(d)]. The
definition for “Injury or Personal Injury” now reads as physical or mental harm to an employee caused
by an accident or disease which arises from exposure to conditions or circumstances beyond those
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common to occupational and/or non-occupational life and is predominantly work related, or mental
harm caused by the May 1, 2021 shooting incident at the Radisson. Id.
Effect. The proposed emergency amendments to the Law clarify that mental harm caused by the
May 1, 2021 shooting incident at the Radisson also constitutes an injury.
B. Revision of the Definition for “Covered Injury/Accident.” The proposed emergency amendments to
the Law revise the definition of “Covered Injury/Accidents” to include mental harm to an employee
caused by the May 1, 2021 shooting incident at the Radisson. [2 O.C. 203.3-1(d)]. Previously, the Law
defined “Covered Injury/Accident” as mental or physical harm to an employee caused by an accident
or disease and arising out of and in the course of employment. [2 O.C. 203.3-1(d)]. The definition for
“Covered Injury/Accident” now reads as means mental or physical harm to an employee caused by an
accident or disease and arising out of and in the course of employment, or mental harm caused by the
May 1, 2021 shooting incident at the Radisson. Id. The definition for “Covered Injury/Accident” then
goes on to provide that injury includes mental harm or emotional stress or strain without physical
trauma, which arises from exposure to conditions or circumstances beyond those common to
occupational and/or non-occupational life and is predominantly work related, extraordinary and
unusual.
Effect. The proposed emergency amendments to the Law clarify that mental harm caused by the
May 1, 2021 shooting incident at the Radisson also constitutes a covered injury or accident.
C. Extension of the Reporting Timeframe. The proposed emergency amendments to the Law include a
new section which addresses notice of injury pursuant to the May 1, 2021 incident. The emergency
amendments to the Law provide that an employee requesting consideration for compensable injuries
under the Oneida Worker’s Compensation law for mental harm sustained on the evening of May 1,
2021 during the shooting incident at the Radisson, shall report the mental harm to the employee’s
supervisor, manager, or employer’s designated representative within sixty (60) days of the incident. [2
O.C. 203.9-4]. An employee requesting consideration for compensable injuries under the Oneida
Worker’s Compensation Law for physical harm sustained on the evening of May 1, 2021 during the
shooting incident at the Radisson, shall report the physical harm to the employee’s supervisor, manager,
or employer’s designated representative within thirty (30) days of the incident. [2 O.C. 203.9-4]. The
emergency amendments then clarify that the deadline within this subsection preempts the forty-eight
(48) hour time limit to report injuries within section 203.9-1, and that the time limit within section
203.9-1 does not apply to injuries sustained pursuant to the May 1, 2021 shooting incident at the
Radisson. [2 O.C. 203.9-4]. Previously, notice of injury was governed solely by section 203.9-1 of the
Law which provided that no compensation shall be due under this Law unless, the employee, or another
on behalf of the employee, reports the injury to the employee's supervisor, manager or the employers
designated representative within forty-eight (48) hours of the accident causing the injury. [2 O.C.
203.9-1].
Effect. The proposed emergency amendments to the Law extend the timeframe for reporting an
injury sustained on the evening of May 1, 2021 during the shooting incident at the Radisson for
consideration for compensation under the Law from forty-eight (48) hours to sixty (60) days after
the incident for mental harm, and from forty-eight (48) hours to thirty (30) days after the incident
for physical harm in recognition that some mental injuries and trauma may take more time to
materialize.
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SECTION 6. EXISTING LEGISLATION
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A. Related Legislation. The following laws of the Nation are related to this Law:
Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal
Council for the purpose of providing a standard process for the adoption of laws of the Nation
which includes taking into account comments from members of the Nation and input from agencies
of the Nation. [1 O.C. 109.1-1, 109.1-2].
The Legislative Procedures Act provides a process for the adoption of emergency legislation
when the legislation is necessary for the immediate preservation of the public health, safety,
or general welfare of the Reservation population and the enactment or amendment of
legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].
The Legislative Operating Committee is responsible for first reviewing the
emergency legislation and for forwarding the legislation to the Oneida
Business Committee for consideration. [1 O.C. 109.9-5(a)].
The proposed emergency legislation is required to have a legislative analysis
completed and attached prior to being sent to the Oneida Business Committee
for consideration. [1 O.C. 109.9-5(a)].
a. A legislative analysis is a plain language analysis describing the
important features of the legislation being considered and factual
information to enable the Legislative Operating Committee to make
informed decisions regarding legislation. A legislative analysis
includes a statement of the legislation’s terms and substance; intent of
the legislation; a description of the subject(s) involved, including any
conflicts with Oneida or other law, key issues, potential impacts of the
legislation and policy considerations. [1 O.C. 109.3-1(g)].
Emergency legislation does not require a fiscal impact statement to be
completed or a public comment period to be held. [1 O.C. 109.9-5(a)].
Upon the determination that an emergency exists the Oneida Business
Committee can adopt emergency legislation. The emergency legislation
becomes effective immediately upon its approval by the Oneida Business
Committee. [1 O.C. 109.9-5(b)].
Emergency legislation remains in effect for a period of up to six (6) months,
with an opportunity for a one-time emergency law extension of up to six (6)
months. [1 O.C. 109.9-5(b)].
Adoption of the emergency amendments to this Law would conform with the requirements
of the Legislative Procedures Act.
Early Return to Work Law. The purpose of the Early Return to Work law is to assist an employee
in returning to work with temporary activities, restrictions and/or other recommendations
prescribed by a healthcare provider; place an employee with temporary activities, restrictions
and/or other recommendations in a job with responsibilities that reflect his or her capabilities; assist
an employee with temporary activities, restrictions and/or other recommendations during the
transition from a modified duty position to his or her original job; provide a capable work force for
areas which are understaffed or have a need for short term, temporary employees; and include all
employees of the Oneida Nation.
The Early Return to Work law provides that failure to cooperate with this law may result in
disciplinary action according to Tribal policies and procedures, suspension of worker’s
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compensation benefits, and/or removal from a modified duty position. [2 O.C. 209.1-2(b),
209.5-1(d)(1)].
Under the Early Return to Work law modified duty is required for the duration of the
employee’s period of recovery and return to original full duty, or up to ninety (90) days,
whichever comes first, but modified duty may be allowed for a total of one hundred eighty
(180) days within a three hundred sixty-five (365) day period. [2 O.C. 209.4-2]. If one
hundred eighty (180) days have passed and an employee with a work-related injury or illness
remains unable to return to his or her regular work duties, the employee is required to contact
the Employee Benefits department regarding Worker’s Compensation benefits. [2 O.C.
209.4-2(e)]. An exception may be granted for a different illness or injury covered under the
Oneida Worker’s Compensation Law. [2 O.C. 209.4-2(f)].
An employee is required to comply with the requirements of the Early Return to Work law,
or his or her worker’s compensation benefits could be suspended.
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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Legislation. The adoption of emergency amendments to this Law
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will expire six (6) months after adoption. The emergency legislation may be renewed for an additional
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six (6) month period.
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Conclusion: The Legislative Operating Committee will need to determine if the adoption of these
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amendments is necessary on a permanent basis, and if so, develop the permanent amendments to
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this Law within the next six (6) to twelve (12) months.
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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
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Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except
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emergency legislation [1 O.C. 109.6-1].
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Title 2. Employment – Chapter 203
ONEIDA WORKER’S COMPENSATION LAW
Latiy%t<she Kayanl^hsla
where they work their laws
203.1. Purpose and Policy
203.2. Adoption, Amendment, Repeal
203.3. Definitions.
203.4. General Provisions
203.5. Disability
203.6. Workers Compensation Benefits
203.7. Termination of Benefits
203.8. Medical and Surgical Aid
203.9. Notices, Reports and Limitations
203.10. Administration and Claims Procedures
203.11. Hearing Body and Authority
203.12. Accident Reports Required
203.13. Occupational Diseases
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203.1. Purpose and Policy
203.1-1. Purpose. The purpose of this law is to set up a system of compensation and medical
benefits for employees of the Oneida TribeNation who suffer compensable injuries in the
employment of the Oneida TribeNation. The law is not remedial in any sense and is not to be
given a broad liberal construction in favor of any claimant or employee. The Oneida TribeNation
will compile and apply its own benefit schedule which will mandate the benefit levels applied to
applicable injuries. The Oneida Tribe will mandate employee responsibilities and supply literature
to employees explaining such. The Oneida TribeNation will develop a timely appeals process
whereby an employee may seek a third party for a final decision.
1-2. Policy. It is the policy of the Oneida TribeNation to protect the employees of the Oneida
TribeNation and over which the Oneida TribeNation extends its jurisdiction.
203.2. Adoption, Amendment, Repeal
203.2-1. This law iswas adopted by the Oneida Business Committee by resolution #BC -07-0799B and99-B, amended by resolution BC-06-25-14-B., and emergency amended by resolution
BC-__-__-__-__.
203.2-2. This law may be amended pursuant to the procedures set out in the Oneida Administrative
Procedures Actor repealed by the Oneida Business Committee and/or Oneida General Tribal
Council pursuant to the procedures set out in the Legislative Procedures Act.
203.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
203.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other
similar actions which are inconsistent with this law are hereby repealed unless specifically reenacted after adoption of this law.
203.2-5.309.2-4. In the event of a conflict between a provision of this law and a provision of
another law, the provisions of this law shall control.
309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
203.2-6. Nothing in this law, including any assertion of right or privilege, shall waive or be
construed to work as a constructive waiver of the Oneida Tribe'sNation’s sovereign immunity from
suit by any party.
203.3. Definitions.
2 O.C. 203 – Page 1
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203.3-1. This section shall govern the definitions of words or phrases as used herein. All words
not defined herein shall be used in their ordinary and everyday sense.
(a) “Employee. Every” means every person, including all officials and minors, in the
service of the Oneida TribeNation, therein whether elected or under any appointment or
contract to hire, express or implied, or written, injured within or outside of the Oneida
TribeNation. The Oneida TribeNation may require a bond from a contractor to protect it
against compensation to employees of such contractor or employees of a subcontractor
under him. Any peace officer shall be considered an employee while engaged in the
enforcement of peace or in the pursuit and capture of those charged with crime.
(b) “Employer. The Oneida Tribe” means the Nation its divisions, departments, programs,
enterprises of other subdivisions of the Oneida TribeNation.
(c) Oneida Tribe. “Nation” The Oneida Tribe of Indians of WisconsinNation, a federally
recognized Indian tribeNation and acting at all times pursuant to its Constitution and
Bylaws in a governmental capacity.
(d) “Injury or personal injury. Physical” means physical or mental harm to an employee
caused by an accident or disease which arises from exposure to conditions or circumstances
beyond those common to occupational and/or non-occupational life and is predominantly
work related, or mental harm caused by the May 1, 2021 shooting incident at the Radisson.
(e) “Physical Harm. Anyharm” means any injury arising out of and in the course of
employment, unusual or peculiar to work, including specific injury, repetitive traumatic
injury, or occupational disease, which arises from exposure to conditions or circumstances
beyond those common to occupational and/or non-occupational life and is predominantly
work related.
(f) “Accidental Injury. Anyinjury” means any injury, not expected and not deemed to be
willful.
(g) “Mental Harm. Anyharm” means any injury arising out of and in the course of
employment which includes mental harm or emotional stress or strain without physical
trauma, which arises from exposure to conditions or circumstances beyond those common
to occupational and/or non-occupational life and is predominantly work related. Common
occupational life includes, but is not limited to, transfers, promotions, termination,
disciplinary action and activities identified within a job description or business unit general
activities.
(h) “Burden and Standardstandard of Proof. Exceptproof” means except where explicitly
stated otherwise, the burden of proof is on the party advancing a particular claim or defense,
and the standard of proof is by a preponderance or greater weight of the evidence.
(i) “Waiver of Privilege. Applicationprivilege” means application for or acceptance of
any benefits under this law shall constitute a waiver of privilege by the employee or the
employee's dependents.
(j) “Administrator. The” means the person or entity designated and charged with the dayto-day administration of this law.
(k) “Covered Injury/Accidents. Mentalinjury/accidents” means mental or physical harm
to an employee caused by an accident or disease and arising out of and in the course of
employment. , or mental harm caused by the May 1, 2021 shooting incident at the Radisson.
Injury includes mental harm or emotional stress or strain without physical trauma, which
arises from exposure to conditions or circumstances beyond those common to occupational
and/or non-occupational life and is predominantly work related, extraordinary and unusual.
(l) “Not Covered Injury/Accidents. No” means no compensation is allowed for:
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(1) an injury or death due to the employee's knowingly self -inflicted injury,
including suicide, or commission of a criminal offense,
(2) any injury, occupational disease or death when the proximate cause is the
employee's intoxication from alcohol, or impairment by a non-prescribed controlled
drug or abuse of a prescription drug, except where the employee is an innocent
victim,
(3) refusal or non-cooperation of the employee of a blood alcohol or drug test when
it is requested for reasonable cause,
(4) any injury caused by or contributed to by an illegal or non-prescribed controlled
substance confirmed by a positive confirmation or blood alcohol test.
(e) [CES1]5) gross negligence of the injured employee, including horseplay or other
willful behavior,
(f6) disobedience by the injured employee of instructions, whether verbal or
written, from the employer with instruction, which if followed, would reasonably
prevent or significantly reduce the likelihood of the injury or death,
(g7) work performed by or as an independent contractor,
(h8) injury or death of an employee of a subcontractor or independent contractor
whether insured or uninsured for workers' compensation liability even though the
injury may occur on the Reservation,
(i9) activities of the employee during meal/lunch/dinner breaks while off
employer's premises,
(j10) the employee's failure, prior to commencement of employment, to disclose a
physical condition which prevented the employee from safely performing the work
for which the employee was hired and which was a substantial contributing factor
to the injury,
(k11) environmental illness, or chemical sensitivity caused by agents to which the
general public at the employer's premises are exposed,
(l12) idiopathic injury, meaning an injury or condition arising from an obscure or
unknown cause,
(m13) an injury or illness secondary to a psychiatric condition,
(n14) the natural deterioration of tissue, organ, or other body part,
(o15) voluntary participation in an employer-sponsored recreation or fitness
activity,
(p16) injuries caused by the act of a third person intended to injure the employee
because of reasons personal to the employee that are not directed against the
employee as an employee or because of the employment.
The burden of proof to meet this definition of “not covered injury/accident” under this
section shall be on the employer.
203.3-14. (m) “Decrease in Benefits.benefits” means:
a. [CES2](1) If an employee fails to use a safety device, or obey a reasonable written
or printed rule of the employer that has been placed in a conspicuous position in
the workplace or in the employee handbook, compensation will be decreased by
fifteen percent (15%%) for the first injury, and twenty-five percent (25%%) for
each subsequent injury.
b.(2) If an employee fails to utilize providers or network providers designated by
the employer, reimbursement for expenses will be decreased by a minimum of
50%,fifty percent (50%), except in the case of a medical emergency.
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203.3-15. (n) “Maximum Medical Improvement. Themedical improvement” means the
date after which no significant recovery from or significant lasting improvement to a
personal injury can reasonably be anticipated, based upon reasonable medical probability.
203.3-16. (o) “Average Daily Wage. Thedaily wage” means the indemnity benefit paid
as a result of a fractional week of disability.
203.3-17. (p) “Judiciary. The” means the Judicial system that was established by Oneida
General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities
and responsibilities of the TribeNation.
203.4. General Provisions
203.4-1. The Oneida TribeNation hereby authorizes the Risk Management Office of the Finance
Division to enter into agreements to create a self-funded, self-insurance program for the Oneida
TribeNation operated solely for the benefit of the employees of the Oneida TribeNation. The
Oneida TribeNation may retain the option of insuring its liability in some corporation, association
or organization authorized to transact the business of workers' compensation insurance in the State
of Wisconsin. The Oneida TribeNation may self-insure at its discretion and administer its program
of self insurance or may contract with any private agency, business firm, or corporation to
administer any part of the program. The Oneida Workers Compensation program will consist of:
(a) Definition of terms
(b) Benefit explanation
(1) Benefits available - Medical and Disability
(2) Benefit schedule
(3) Benefit calculation
(4) Employee responsibilities, reporting, early return to work, medical network use
etc.
(c) Appeals process
203.4-2. The Risk Management Office in conjunction with the Oneida Human Resources Benefits
Office is hereby delegated responsibility for development of regulations to implement this
program. All regulations shall conform to the requirements of the insurer of the program, or this
law. Conflicts between the insurer and this law shall be resolved in favor of this law where
minimum and/or maximum limits are prescribed regarding benefit levels.
203.4-3. A claim against the Oneida Worker Compensation program shall be the exclusive remedy
against the Oneida Tribe, a TribalNation, an entity of the Nation, or Tribalan employee of the
Nation for any claim of loss covered by the program. An individual who has made a claim against
the program shall be precluded from bringing any other claim, civil action or proceeding for
damages arising from the same occurrence against the Oneida Tribe, a TribalNation, an entity of
the Nation, or a Tribalan employee of the Nation.
203.5. Disability
203.5-1. Preexisting Disabilities. If an employee suffers a compensable injury while receiving or
entitled to receive compensation for a previous injury in the same employment, the employee is
not entitled to compensation for both injuries at the same time unless the subsequent injury is
permanent. If an employee receives a permanent schedule injury after having sustained another
permanent injury in the same employment, the employee is entitled to compensation for both
injuries, but compensation will be paid by extending the period, not by increasing weekly
compensation payments. When previous and subsequent permanent injuries result in total
permanent disability, compensation is payable, but payments made for the previous injury are to
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be deducted from the total compensation payments due. However, if the permanent injury for
which compensation is claimed results only in the aggravation or increase of a previously sustained
permanent injury or physical condition, regardless of the source or cause of the previously
sustained injury of physical condition, the Administrator will determine the extent of the
previously sustained permanent injury or physical condition, as well as the extent of the
aggravation or increase resulting from the subsequent permanent injury and will award
compensation only for that part of the injury, or physical condition resulting from the subsequent
permanent injury. Awards and compensation will deduct uncompensated permanency in their
calculation.
203.5-2. Third Party Liabilities. An employee or the employee's dependents may bring a thirdparty action to recover damages, notwithstanding the employer’s or insurer's payment of or
liability to pay compensation. If a third-party action is settled, the employer or insurer will receive
reimbursement for workers’ compensation and medical benefits, supplies, and funeral expenses
paid to the employee or dependents. Liability of the employer or insurer for payment of further
benefits or expenses is terminated. Liability is terminated even if the employee or the dependents
have not received any compensation, medical benefits, supplies, or expenses. In the event that the
judgment against a third party is less than the employer's liability, the employee or dependents can
collect the judgment and repay the employer or insurer for benefits previously received. Nothing
in this section shall prevent an employee from taking the compensation he or she may be entitled
to under it and also maintaining a civil action against any physician, chiropractor, psychologist or
podiatrist for malpractice.
203.5-3. Assumption of Risk. Employees will not be held to have assumed the risks of the
employment in any case where the violation by the employer, agents, or employees of any rule,
direction, or regulation made by any public officer or commission contributed to the injury or death
of an employee. The employee will not be held to have assumed the risk of any defect in the place
of work furnished to the employee, or in the tool, implement or appliance furnished by the
employer, when the defect was, prior to injury, known to the employer, or by the exercise of
ordinary care might have been known by the employer in time to have repaired the same or to have
discontinued the use of the defective working place, tool, implement, or appliance. The burden of
proving that the employer was not knowledgeable of such defects is upon the employer.
203.5-4. Employee Requirements. No compensation is allowed for an injury or death due to the
employee's knowingly self inflicted injury, intoxication, or commission of a criminal offense. A
fifteen percent (15%%) reduction in compensation is allowed for the knowing failure to use a
safety appliance, obey a reasonable written or printed rule of the employer that has been placed in
a conspicuous position in the workplace or in the employee handbook.
203.6. Workers Compensation Benefits
203.6-1. Employer's Liabilities: Exclusivity. With respect to any employee who sustains injury
or death arising out of and in the course of employment with the employer, such employer shall
be liable for the payment of compensation to such employee, the employee's surviving spouse or
children, or personal representative, as provided in this law. The liability of an employer to an
employee, the employee’s surviving spouse or children, or the personal representative of an
employee for personal injury or death sustained by the employee in the course of employment is
prescribed by this law and is exclusive. This law replaces any and all rights and remedies an
employee, the employee’s surviving spouse or children, or an employee's personal representative
may have under federal, tribal or state law, common law or the workers' compensation statutes of
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any state against any employer for personal injury or death arising out of and in the course of
employment.
203.6-2. Total Disability. An employee is totally disabled if the employee is unable to perform
any available work activities, due to an injury sustained during the course of employment with the
employer. The amount of benefits for total disability shall be determined and published by rule
promulgated hereunder.
203.6-3. Partial Disability. An employee is partially disabled if, as a result of an injury sustained
during the course of employment with the employer, the employee is unable to earn the equivalent
of the employee's average weekly wage. The amount of benefits for partial disability shall be
determined and published by rule promulgated in accordance with levels set forth in sec. section
203.6-10.
203.6-4. Waiting Period. Compensation, other than payment of medical benefits, will be allowed
for temporary disabilities beginning with the third day of disability. Compensation will be allowed
for the first seven calendar days only if the disability continues for longer than fourteen (14) days
after the date of injury.
203.6-5. Timing of Payments. The first weekly installment of compensation for temporary
disability is due fourteen (14) days after the disability begins and the injured employee notifies the
employer that he/she is disabled with medical proof of the disability. Not later than fifteen (15)
days from the date that the first installment of compensation is due, the employer or insurer must
tender to the employee or dependents all compensation due.
203.6-6. Employee's Average Wage.
(a) Employees Average Weekly Wage. Earnings of the injured employee in the
employment in which the employee working at the time of the injury during the fifty-two
(52) week-period immediately preceding the date of the injury, divided by the number of
weeks worked. Whenever allowances of any character made to an employee in lieu of
wages are a specified part of the wage contract, those allowances will be considered as part
of the employee’s earnings as well as any compensation to the employee which is subject
to Federal income tax:
(1) If the injured employee lost seven or more days during this period although not
in the same week, the earnings for the remainder of the fifty-two (52) weeks will
be divided by the number of weeks and parts thereof remaining after the time lost
have been deducted.
(2) If the employment prior to the injury extended over a period of less than fiftytwo (52) weeks, the aforementioned method of computation will apply if the results
are just and fair to both parties.
(3) If the employee has worked for the employer a short period of time or if the
employment is of a casual nature, average weekly wage will be determined by using
the average weekly amount during the fifty-two (52) weeks prior to the injury that
was being earned by a person in the same grade employed at the same work by the
same employer.
(b) Employee’s Average Daily Wage. If the disability period involves a fractional week,
the indemnity shall be paid for each day of such week at the rate of one-sixth of the weekly
indemnity.
203.6-7. Death Benefits.
(a) Compensation varies according to the employees' wage up to the maximum wage in
effect at the time of injury. The maximum death benefit is four times the average annual
earnings to a maximum of one hundred twenty five thousand dollars ($125,000.00). The
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benefits are payable monthly the benefits are payable monthly and decreased by the amount
of indemnity benefit previously paid.
(b) Benefits to the Surviving Spouse. Fifty percent (50%%) of the weekly wage will be
paid to the dependent spouse who is the sole dependent of the deceased. The spouse must
have lived with the deceased at the time of death and excludes common law spouse.
(c) Benefits to a Surviving Spouse and One or More Dependent Children. 66⅔%Sixty-six
and two-thirds percent (66⅔%) of weekly wage.
(d) Benefits to Unmarried Children under Age 21. Sixty-six and two-thirds percent
(66⅔%⅔%) of weekly wage if the unmarried child is dependent upon the parent and living
with the deceased parent at the time of death or upon whom state laws impose the obligation
to support the child. Dependency terminates when the child attains the age of twenty-one
(21.).
(e) Benefits to Unmarried Children over Age 21. Sixty-six and two-thirds percent
(66⅔%⅔%) of weekly wage if the child has never married and is physically or mentally
incapacitated from earning his or her own support until the disability ends or the maximum
is paid whichever occurs first.
203.6-8. Dependency Terminates. Upon the marriage of the dependent or upon maximum benefit
payout whichever comes first. Dependency will not be reinstated due to divorce. Benefits will
continue to be paid for children if the dependent spouse remarries until the dependent children’s
dependency ceases or the maximum benefit is paid, whichever occurs first. Child includes
stepchildren, legally adopted children, posthumous children and acknowledged children born out
of wedlock when there has been obligation support legally imposed by the state.
203.6-9. Miscellaneous Benefits. Burial expenses payable by the employer are not to exceed
$5000five thousand dollars ($5,000) and paid upon the submission of proof of expense.
203.6-10. Weekly Indemnity. The weekly indemnity will be as follows:
(a) Permanent Total Disability. For injuries resulting in permanent total disability,
compensation equals 66⅔%sixty-six and two-thirds percent (66⅔%) of the employee's
average weekly wage, benefits computed on the basis of the employee’s wage subject to
weekly maximums and minimums appropriate to the time of injury.
(b) Permanent Partial Disability - Impairment. Sixty percent (60%) of wages for specified
periods up to $175one hundred and seventy-five dollars ($175) per week, or if the injury
is not scheduled, a period proportionate to the degree of disability but not over five hundred
(500) weeks or $one hundred and fifty thousand dollars ($150,000) whichever occurs first.
(c) Temporary Disability. Compensation will be allowed for injuries producing only
temporary total disability to work or temporary partial disability to work beginning with
the eighth day of disability, except for medical benefits. Compensation will be allowed for
the first three calendar days only if the disability continues for longer than fourteen (14)
days after the date of injury and results in twenty-one (21) consecutive days off work or
employment. The first weekly installment of compensation for temporary disability is due
fourteen (14) days after the disability begins. Not later than fifteen (15) days from the date
that the first installment of compensation is due, the employer or insurer must tender to the
employee or dependents all compensation due. The maximum compensation will be based
on fifty (50) weeks of average weekly wage or one year's salary whichever occurs first as
further identified in subsections (d) and (e) of this section..
(d) Temporary Total Disability. The employee will receive temporary total disability
compensation benefits equal to 60sixty percent (60%) of the average weekly wage not to
exceed two hundred (200) weeks.
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(g) Temporary Partial Disability. The employee may receive temporary partial disability
benefits equal to 60sixty percent (60%) of the difference between the average weekly wage
and actual weekly wage, not to exceed fifty (50) weeks or one (1) years average weekly
wage, whichever occurs first.
(h) Permanent Disabilities. Minimum percentages of loss of use for amputation level,
losses of motion, sensory losses and surgical procedures as set out herein. The percentages
assume that the member, the back, etc., was previously without disability. Only
percentages exceeding seven and one half percent (7½%) will be deemed compensable.
203.6-11. Permanent Partial Disability Schedule. In cases included in the following schedule of
permanent partial disabilities indemnity shall be paid for the healing period and in addition, for the
period specified, at the rate of two-thirds of the average weekly earnings of the employee, to be
computed as provided in section 203.6-6:
DISABILITY
BENEFIT
Loss of arm at shoulder
500 weeks
Loss of arm at elbow
450 weeks
Loss of a non-dominant hand
400 weeks
Loss of the dominant hand
450 weeks
Loss of a palm where the thumb remains
325 weeks
Loss of a thumb and the metacarpal bone thereof
160 weeks
Loss of a thumb at the proximal joint
120 weeks
Loss of a thumb at the distal joint
50 weeks
Loss of all fingers on one hand at their proximal joints
225 weeks
Loss of index finger and the metacarpal bone thereof
60 weeks
Loss of index finger at the proximal joint
50 weeks
Loss of index finger at the second joint
30 weeks
Loss of index finger at the distal joint
12 weeks
Loss of middle finger and the metacarpal bone thereof
45 weeks
Loss of middle finger at the proximal joint
35 weeks
Loss of middle finger at the second joint
20 weeks
Loss of middle finger at the distal joint
8 weeks
Loss of ring finger and the metacarpal bone thereof
26 weeks
Loss of ring finger at the proximal joint
20 weeks
Loss of ring finger at the second joint
15 weeks
Loss of ring finger at the distal joint
6 weeks
Loss of little finger and the metacarpal bone thereof
28 weeks
Loss of little finger at the proximal joint
22 weeks
Loss of little finger at the second joint
16 weeks
Loss of little finger at the distal joint
6 weeks
Loss of leg at the hip
500 weeks
Loss of leg at the knee
425 weeks
Loss of a foot at the ankle
250 weeks
Loss of great toe with the metatarsal bone thereof
84 weeks
Loss of great toe at the proximal joint
25 weeks
Loss of great toe at the distal joint
12 weeks
Loss of second toe with the metatarsal bone thereof
25 weeks
Loss of second toe at the proximal joint
8 weeks
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Loss of second toe at the second joint
6 weeks
Loss of second toe at the distal joint
4 weeks
Loss of the third, fourth or little toe with the metatarsal bone thereof
20 weeks
Loss of the third, fourth or little toe at the proximal joint
6 weeks
Loss of the third, fourth or little toe at the second or distal joints
4 weeks
Loss of an eye by enucleation or evisceration
275 weeks
Total impairment of one eye for industrial use
250 weeks
Total deafness from accident or sudden trauma
330 weeks
Total deafness of one ear from accident of sudden trauma
55 weeks
Loss of movement due to injury to spine
500 weeks
203.6-12. Denial of Liability. If the employer denies liability, the employer must inform the
employee or dependents of the denial. Notice of the denial must be made in writing and mailed
not later than thirty (30) days after the employer's knowledge of the injury and the employee's
provision of medical proof.
203.6-13. Apportionment. If any portion of the permanent impairment rating is attributable to a
preexisting condition, whether previously rated or not, the employee shall receive permanent
impairment benefits only for that portion of the permanent injury attributable solely to the work
injury.
203.6-14. Occupational Deafness. This means permanent partial or permanent total loss of
hearing of one or both ears due to prolonged exposure to noise in employment. “Noise” means
sound capable of producing occupational deafness. “Noisy employment” means employment in a
circumstance of which an employee is subjected to noise beyond those common to occupational
and/or non-occupational life and is predominantly work related.
(a) No benefits shall be payable for temporary total or temporary partial disability under
this section for loss of hearing due to prolonged exposure to noise.
(b) No payment shall be made to an employee under this section unless the employee shall
have worked in the noisy employment for a total period of at least 180one hundred and
eighty (180) days for the employer from whom the employee claims compensation.
(c) The employer is liable for the entire occupational deafness to which his or her
employment has contributed; but if previous deafness is established by a hearing test or
other competent evidence, whether or not the employee was exposed to noise within the
two (2) months preceding such test, the employer is not liable for previous loss so
established nor is the employer liable for any loss for which compensation has previously
been paid.
(d) No compensation may be paid for tinnitus.
(e) Compensation for permanent partial disability due to occupation deafness may be paid
only if the loss of hearing exceeds 30%thirty percent (30%) of binaural hearing loss.
(f) Hearing impairment determinations will be made using the methods and Hearing
Impairment Tables identified in regulations.
203.6-15. Vision Loss. Vision loss determinations will be made using methods and Vision
Impairment Tables identified in regulations.
203.7. Termination of Benefits
203.7-1. Receipt of Social Security Retirement Benefits by the employee will be considered
conclusive evidence of retirement, and the liability of the employer for payment of further
disability benefits will cease.
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203.7-2. Once begun, temporary total disability benefits may not be terminated by the employer
unless:
(a) the employee has returned to work, with any employer in a similar position;
(b) the employee has died;
(c) the employee has refused to undergo a medical examination as prescribed in section
203.8-5;
(d) the employee has received 250two hundred and fifty (250) weeks of benefits or has
been paid the maximum compensation allowed;
(e) the employee has refused modified, early return to work, light duty or transitional job
assignment;
(f) Employee receives Social Security Retirement Benefits;
(g) the employee is unable or unavailable to work for reasons unrelated to the compensable
injury;
(h) the employee is terminated for misconduct;
(i) the employee fails to cooperate with reasonable medical or vocational rehabilitation;
(j) the employee fails to maintain contact with the employer at least two times per month,
at reasonable intervals identified by the employer from the date of medical assessment.
This section shall not be construed to require the employee to undergo surgery nor to require the
employer to provide vocational rehabilitation.
203.7-3. Maximum and Minimum Weekly Compensation Payments. To be reviewed on a periodic
basis, payments for death, temporary and permanent total disability, and for temporary partial
disability are computed on the basis of the employee's average weekly wage, within the following
limits:
(a) Maximum Weekly Wage for Temporary, Permanent, Total & Death Benefits:
(1) For injuries occurring after December 31, 1999, the average weekly benefit
must not be more than $five hundred dollars ($500.00) or less than $fifty dollars
($50).
(2) In no case will the weekly compensation payable exceed the average weekly
wages of the employee at the time of death.
(b) Maximum Wage for Permanent Partial Only. For injuries occurring after December
31, 1999, the maximum weekly benefit will be $175.00.one hundred and seventy-five
dollars ($175).
203.7-4. Claims of Creditors. Compensation awards are subject to child support income
withholding and other remedies available for the enforcement of a child support order. The
maximum amount that may be withheld is one-half of the compensation award.
203.8. Medical and Surgical Aid
203.8-1. Choice of Provider. The choice of a provider is generally made by the employer.
Provided that, the employee may select a physician, surgeon, or other provider and the employer
may be required to reimburse fifty percent (50%%) of reasonable expenses.
203.8-2. Benefits. The employer must supply free of charge to the employee, all reasonable and
necessary first aid, medical, surgical and hospital services incurred by the employee as a direct
result of a compensable injury. Benefits payable under any policy of no-fault automobile insurance
will be primary to benefits payable by the employer. The employer may require the employee to
seek services, equipment and medicines at, or from, specified medical providers and facilities.
Non compliance with these requirements will reduce or relieve the employer of liability of medical
payments until such time compliance is met. Compensation will not be paid to an employee who
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refuses medical treatment.
Likewise, any permanent disability from this refusal is
noncompensable.non-compensable. The employer will supply the employee with the group of
physicians they can access. In cases of an emergency the employee can elect the physician of their
choice. However when the emergency passes, the employee must seek follow up medical attention
from the specified physicians supplied by the employer. If the employer requires the employee to
submit to treatment outside the county of employment, and further than thirty (30) miles from the
place of employment the employer must also pay reasonable travel expenses, not to exceed the
limits of the employers travel policies. The employer must supply the following services and
supplies:
(a) Medical
(b) Surgical
(c) Psychological
(d) Podiatric
(e) Dental
(f) Hospital treatment
(g) Prescription Medicines
(h) Medical and surgical supplies
(i) Crutches
(j) Artificial limbs (liability for repair and replacement is limited to the effects of normal
wear and tear)
(i) Appliances
(k) Training in use of artificial limbs and appliances
203.8-3. Utilization Review. The employer liability for medical, surgical, hospital, and nursing
care will be limited to those charges that prevail in the same community for similar services to
injured persons of like standard of living when the service is paid for by the injured person.
203.8-4. Fee Schedules. Fee schedules may be followed as negotiated by the employer with any
provider network or individual, or clinics but may not exceed the fee schedule of the state of the
employment.
203.8-5. Independent Medical Exams. An employee must, if requested in writing by the employer
submit to reasonable exams by medical practitioner, chiropractor, podiatrist, psychologists,
dentists, or vocational experts, provided and paid for by the employer. Expenses will be paid by
the employer, including transportation.
203.8-6. Refusal to Submit. If the employee refuses to submit to or in any way obstructs the
examination, the responsibility of the employer for payment of medical expenses incurred after
the scheduled date of the examination will cease. Likewise, the employer’s responsibility for
payment of all other benefits accruing ceases immediately upon the failure to appear.
203.8-7. Rehabilitation. “Physical rehabilitation” means the restoration of the seriously injured
person as soon as possible to a condition of gainful employment. The Administrator or the
employer may contract for the services of a rehabilitation consultant to assist the employee in
rehabilitation and return-to-work efforts. Rehabilitation may be provided to the employee at the
sole option of the administrator and the employer at the expense of the employer or insurer. It is
administered by the Employee Benefits Department, who also may provide transportation. At the
option of the Administrator and the employer, the employee may receive temporary total benefits
while the employee is actively engaged in a program of rehabilitation which is reasonable and
designed to restore the employee to gainful employment. Initial rehabilitation plan may not exceed
26 weeks, and only the employer may extend the period of the plan for an additional 26 week
period.
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203.8-8. Vocational Rehabilitation. Vocational Rehabilitation may be provided to the employee
at the sole option of the administrator and the employer at the expense of the employer or insurer.
It is administered by the Employee Benefits department, who also may provide transportation. At
the option of the Administrator and the employer, the employee may receive temporary total
benefits while the employee is actively engaged in a program of rehabilitation which is reasonable
and designed to restore the employee to gainful employment. Initial rehabilitation plan may not
exceed 52 weeks, and only the employer may extend the period of the plan for an additional 26
week period.
203.8-9. Refusal to Undergo Rehabilitation. Failure by the employee to cooperate in rehabilitation
efforts will result in a 50% (fifty percent) (50%) reduction in temporary total or temporary partial
benefits. Refusal by the employee to undergo rehabilitation will terminate the responsibility of
the employer for payment of all benefits and medical expenses thereafter.
203.9. Notices, Reports and Limitations
203.9-1. Notice of the Injury. No compensation shall be due under this law unless, the employee,
or another on behalf of the employee, reports the injury to the employee's supervisor, manager or
the employers designated representative within forty-eight (48) hours of the accident causing the
injury. No compensation or medical benefits will be paid if a written notice of injury is not given
to the employer within ten (10) calendar days of the date the employee first reports the injury. If
the injury incapacitates the employee, the ten (10) day time limitation will not begin until the
incapacity ends. A repetitive traumatic injury is deemed to have occurred when the employee
knows or has reason to know that the injury caused the employee to be unable to work, whichever
occurs first.
203.9-2. First Report of Injury. Upon actual knowledge of the occurrence of an injury or upon
written or verbal notice from the employee or another on behalf of the employee, the employer
will complete a report of injury and file it with the Administrator within forty-eight (48) hours.
203.9-3. Limitations of Claims. No compensation benefits shall be paid or awarded under this
Law unless the written claim for benefits is made within 180one hundred and eighty (180) days of
the date of the claimed injury. In the case of mental or physical incapacity or minority, the period
of limitation shall be extended for 180one hundred and eighty (180) days from the date that the
incapacity ceases.
203.9-4. Notice of Injury Pursuant to May 1, 2021 Incident. An employee requesting consideration
for compensable injuries under the Oneida Worker’s Compensation law for mental harm sustained
on the evening of May 1, 2021 during the shooting incident at the Radisson, shall report the mental
harm to the employee’s supervisor, manager, or employer’s designated representative within sixty
(60) days of the incident. An employee requesting consideration for compensable injuries under
the Oneida Worker’s Compensation Law for physical harm sustained on the evening of May 1,
2021 during the shooting incident at the Radisson, shall report the physical harm to the employee’s
supervisor, manager, or employer’s designated representative within thirty (30) days of the
incident. The deadlines within this subsection preempt the forty-eight (48) hour time limit to report
injuries within section 203.9-1. The time limit within section 203.9-1 shall not apply to injuries
sustained pursuant to the May 1, 2021 shooting incident at the Radisson.
203.10. Administration and Claims Procedures
203.10-1. Administrator. The Business Committee shall have the authority to designate an
Administrator, enter into contracts for administrative services and expend such funds as is
necessary to pay for all administrative costs incurred in furtherance of this law. The Administrator
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will act on behalf of the Oneida TribeNation in receiving and processing workers' compensation
claims. The Administrator is responsible for determinations and decisions not limited to the
following:
(a) Make determinations based on investigations and available medical information
regarding the liability of the employer and approve or deny the claim. The Administrator
will notify the employer and employee of its determination within the time constraints
listed previously.
(b) Determine amounts payable according to fee schedules, compliance with provider
arrangements, and disability schedule.
(c) Utilizing the appropriate guidelines the Administrator will determine the compensation
rate payable for temporary total disability, temporary partial disability, permanent partial
disability and dependency.
(d) The Administrator will determine the length of time during which temporary total
disability or temporary partial disability benefits are payable. The Administrator will also
determine the amount of permanent partial disability benefits payable.
(e) Determination of the eligibility of dependents and the term of any dependency benefits
payable.
(f) Determine the claims of creditor allocations,
(g) Notify the employee and employee in writing of the preexisting limitations when
applicable.
203.10-2. Timing of Payments.
(a) Indemnity Payments. The first weekly installment of compensation is due fourteen
(14) days after the disability begins. Not later than fifteen (15) days from the date that the
first installment of compensation is due, the employer or insurer must tender to the
employee or dependents all compensation due. Once temporary or permanent total
disability benefits have begun, they must continue to be paid on a regular basis on the date
the employee would have received wages from the employer had the employee continued
working subject to discontinuance and the limitations otherwise provided for under this
law. Payment of temporary partial disability benefits is due ten (10) days following the
date the employer or employee sends wage verification to the Administrator.
(b) Medical Expenses. Payment or reimbursement of medical expenses are due within
thirty (30) days after receipt by the Administrator of itemized billing and medical records
or reports documenting the reasonableness and necessity of the medical service(s).
203.10-3. Denial of Claim. A denial of primary liability or a denial of a period of total or partial
disability, permanent impairment disability or medical benefits must:
(a.) be made in writing by the Administrator
(b.) contain the specific reason for the denial in language easily readable and
understandable to a person of average intelligence and education,
(c.) clearly state the facts forming the basis for the denial.
The denial must include information identifying the employee, the date of claimed injury, claim
number, the name and telephone number of the person making the decision, and instruction to the
employee of the rules and time limitations for challenging the denial.
203.10-4. Discontinuance of Benefits. The Administrator may discontinue weekly compensation
benefits by serving a written notice on the employee. The notice must identify the employee, the
date of claimed injury, claim number, the type of benefits being reduced or discontinued, the
effective date of the discontinuance and the reason for the discontinuance. The notice must be
written in language easily readable and understandable to a person of average intelligence and
education and contain sufficient detail to inform the employee of the factual basis for
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discontinuance. The notice must also include an itemization of previous benefits paid, the name
and telephone number of the person making the decision and copies of any evidence, medical or
otherwise upon which the discontinuance is based. The Administrator shall enclose a claim
petition with instruction for completion and filing.
203.10-5. Claim Petition. The Administrator shall provide the employee with a claim petition
form with every notice of reduction, denial or discontinuance of benefits. If an employee objects
to the denial of a claim or to a reduction or discontinuance of benefits, the employee may file a
claim petition with the Hearing Body within twenty-one (21) days of the receipt by the employee
of the reduction, denial or discontinuance. The claim petition shall contain the name of the
employee, the date of injury, claim number, the type of benefits being sought, the basis of the claim
for benefits and any evidence, medical or otherwise, in support of the employee’s claim. Failure
to file the claim petition within thirty (30) days will result in loss of right of the employee to pursue
those benefits affected by the reduction, denial or discontinuance.
203.10-6. Settlements. No lump sum settlement is allowed in any case of permanent total
disability on an estimated life expectancy, except on consent of all parties, after hearing and finding
by the appointed body that the interests of the injured employee will be conserved. Settlements
will not be paid for permanency of less than 7½seven and one-half percent. (7½%).
203.10-7. Method of Service. All notices, decisions, or orders provided for in this law may be
served personally or by the United States mail. Time periods shall be calculated starting on the
day following the beginning of the period, and shall include weekends and holidays.
203.10-8. Recoupment of Overpayment. Payment of compensation made under a mistake of fact
or law by the employer or Administrator may be recouped from future payments of compensation
to the employee, whether for the same injury or not, or from the employee's wages with the
employer, if any. Overpayments may not be recouped against medical expenses due or payable.
203.10-9. Fraud and Misrepresentation. Intentional misrepresentation by an employee resulting
in benefits paid under this law shall allow the employer to bring an action at law in any court of
competent jurisdiction against the employee to collect benefits paid as a result of the intentional
misrepresentation.
203.10-10. In cases where it is determined that periodic benefits granted by the federal social
security act are paid to the employee because of disability, the benefits payable under this law shall
be reduced as set out in this section. This provides that any offset is taken on the compensation
benefits rather than the social security benefits. The injured worker is to receive the same total
amount from the continued benefits that he or she would have received before the offset was
figured on the worker's compensation benefits but not less than the benefits payable under this law.
Attorney fees and costs are not offset.
(a) For each dollar that the total monthly benefits under this law, excluding attorney fees
and costs, plus the monthly benefits payable under the social security act for disability
exceed 75%seventy-five percent (75%) of the employee's average current earnings as
determined by the social security administration, the benefits payable under this law shall
be reduced by the same amount so that the total benefits payable shall not exceed
75%seventy-five percent (75%) of the employee's average current earnings. However, no
total benefit payable under this law and under the federal social security act may be reduced
to an amount less than the benefit payable under this law.
(b) No reduction under this section shall be made because of an increase granted by the
social security administration as a cost of living adjustment.
(c) Failure of the employee, except for excusable neglect, to report social security disability
payments within thirty (30) days after written request shall allow the employer or insurance
carrier to reduce weekly compensation benefits payable under this law by seventy-five
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(75%.%). Compensation benefits otherwise payable shall be satisfactory proof of the basis
for reduction.
(d) The reduction prescribed by this section shall be allowed only as to payments made on
or after July 1, 1980, and shall be computed on the basis of payments made for temporary
total, temporary partial, permanent total, and permanent partial disability.
(e) No reduction shall take into account payments made under the social security act to
dependents of an employee.
203.11. Hearing Body and Authority
203.11-1. Designation of Hearing Body. The Judiciary is delegated the responsibility to create an
original hearing body with the authority to hear, determine and review all claims for compensation
until such time as a determination can be made regarding the need for a permanent hearing body
to hear issues arising under this law. The hearing body also has the authority to require medical
services for injured employees, approve claims for medical services, attorney fees, and charges for
nurses and hospitals. Additionally, the hearing body has the power to approve agreements, modify
or change awards, make conclusions of facts and rulings of law, certify questions of law, and
approve deductions in the compensation made by employers for amounts paid in excess of the
amount required by law. The hearing body can also approve agreements between an employer
and an employee or the employee's dependents for the cash payment of compensation in a lump
sum or, in the case of a person under eighteen (18) years of age, to order cash payments. Physical
examination, administering oaths and witness subpoenas can also be ordered by the hearing body.
Lastly the hearing body is authorized to assess and collect any penalties.
203.11-2. Appeals Process. If the employer, injured employee, or dependents disagree in regard
to the Administrator’s determination of compensation payable, extent of disability, the continuance
of payments under the agreement or the amount to be paid because of a change in condition, either
party may petition the hearing body for resolution of the dispute. The petition must be submitted
within twenty-one (21) days after the Administrator mails a copy of their determination regarding
compensation payable, extent of disability, the continuance of payments under the agreement or
the amount to be paid because of a change in condition. The hearing body will determine whether
to hear the appeal. If the hearing body decides to hear the appeal, the hearing body will notify the
parties and their respective representatives in writing of the time and place of the hearing. If the
hearing body determines not to hear the appeal, the hearing body will issue and order to that effect
and notify the parties and their representatives in writing of that order. Upon the filing of an
application, the hearing body will set a hearing date and notify the employer, employee, and
attorneys of record. The hearing body will consider evidence, hear witnesses, receive exhibits and
make its determination based on the preponderance of evidence and credibility of the evidence and
witnesses. The burden of proof in any hearing of the appeals process will be on the employee or
dependents. The cost of legal representation at any hearing of the appeals process will be the
responsibility of the employee or dependents. The hearing of all claims for compensation for
injuries will be held on the Reservation. All decisions of the hearing body are final. The decision
must be issued in writing, and copies must be mailed to all interested parties. The decision must
detail the final determination of the hearing body on all issues.
203.11-3. Examination; Competent Witnesses.
(a) Any physician, chiropractor, psychologist, podiatrist, or vocational expert who is
present at any examination may be required to testify as to the results thereof.
(b) Any physician, chiropractor, psychologist, podiatrist, or vocational expert who
attended a worker's compensation claimant for any condition or complaint reasonably
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related to the condition for which the claimant claims compensation may be required to
testify before the hearing body when it so directs.
(c) The testimony of any physician, chiropractor, psychologist, or podiatrist who is
licensed to practice where he or she resides or practices in any state and the testimony of
any vocational expert may be received in evidence in compensation proceedings.
(d) Expert medical or vocational testimony may be provided by written report on a form
to be drafted by the employer so long as that expert is available for cross examination.
203.11-4. Costs. Costs for all proceedings before the hearing will be awarded and taxed as
provided by the law in ordinary Judiciary court actions and paid by the Oneida TribeNation.
However, if the hearing body determines that any proceedings have been brought, prosecuted, or
defended without reasonable ground, it may assess the whole cost of the proceedings upon the
party who brought, prosecuted, or defended them.
203.12. Accident Reports Required
203.12-1. Employer must keep a record of all accidents causing the death or disability of any
employee that occur while the employee is performing services during the course of employment.
The record must state:
(a) name, address, age and wages of the employee;
(b) time and cause of the accident
(c) nature and extent of the injury
(d) any other information that may be deemed necessary
203.13. Occupational Diseases
203.13-1. Coverage. “Occupational disease” means a disease arising out of and in the course of
employment. Ordinary diseases of life to which the general public is exposed outside of the
employment are not compensable.
Claims based on mental conditions or mental disabilities caused by stress do not fall within the
definition of “occupational disease.” No employee of any covered employer will have any right
to any other method, form or amount of compensation or damages for the contraction of an
occupational disease or for injury, disability, loss of service or death resulting from the disease,
arising out of and in the course of employment, or determination thereof, in any manner other than
as provided. Unless otherwise specifically provided, no employer and no officer, director, agent,
or employee of the employer will be held civilly liable for the contraction of an occupational
disease or for injury, disability, loss of service or death of any employee due to an occupational
disease.
203.13-2. Nature of Employment. The disease must have resulted from the nature of the
employment in which the employee was engaged and must have actually been contracted while so
employed. The nature of employment means:
(a) that it involves a particular hazard of such disease that distinguishes it from the usual
run of occupations; or
(b) the incidence of such disease is substantially higher in the occupation in which the
employee was so engaged than in the usual run of occupations; or
(c) in the case of death, unless death follows continuous disability from the disease and
results within 250 weeks after the last work related exposure.
No compensation is allowed for any condition of physical illness, mental illness or stress,
disability, disablement or death for which compensation is recoverable on account of an accidental
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injury. Claims based on mental conditions or mental disabilities caused by stress do not fall within
the definition of “occupational disease”.
203.13-3. Nature of Injury. An employer will not be liable for any compensation for an
occupational disease unless such disease is due to the nature of an employment in which the
hazards of such disease actually exist, and which hazards are characteristic thereof and peculiar to
the trade, occupation, process, or employment, and such disease actually arises out of the
employment, and unless disablement or death results within three years in case of pneumoconiosis,
or within one year in case of any other occupational disease, after the last injurious exposure to
such disease in such employment, or in case of death, unless death follows continuous disability
from such disease commencing within the period above limited for which compensation has been
paid or awarded or timely claim made and results within six years after such exposure. In any case
where disablement or death was caused by latent or delayed pathological conditions, blood, or
other tissue changes or malignancies due to occupational exposure to x-rays, radium, radioactive
substances or machines, or ionizing radiation the employer will not be liable for any compensation
unless claim is filed within 30 days after disablement or death. “Disablement” means the event of
becoming disabled from earning full wages at the work in which the employee was engaged when
last exposed to the hazards of the occupational disease. “Disability” means the state of being
incapacitated.
203.13-4. Statute of Limitations - Date of injury. For occupational diseases other than
pneumoconiosis and radiation, date of injury is the date of the last exposure to the hazards of the
disease in the employment of the employer in whose employment the employee was last exposed
to the hazards of the disease. For purposes of pneumoconiosis and radiation, date of injury means
the date of the last exposure to the hazards of the disease in the employment of the employer in
whose employment the employee was last exposed to the hazards of the disease in each of at least
twelve (12) months, within a period of five (5) years prior to the date of the injury.
Written notice of the contraction of an occupational disease must be given to the employer
by the employee or by someone on such employee's behalf within thirty (30) days after the first
distinct manifestation, or in the event of death, within thirty (30) days after the death.
203.13-5. Burden of Proof. There is no presumption that disablement or death from any cause of
infirmity is the result of an occupational disease or that an occupational disease will result in
disablement or death. Anyone claiming compensation or other benefits has the burden of
establishing entitlement to the benefits.
203.13-6. Time Limit on Filing Claims. Claims will be denied unless an employee's claim for
compensation is filed within two (2) years after the date of disablement. Dependents must file
claim within two (2) years after the date of death. There is no limitation of time against any person
who is mentally incompetent or minor dependent, as long as there is in place a guardian or trustee.
203.13-7. Lung Diseases - Emphysema. Compensation will not be payable for pulmonary
emphysema or other types of emphysema unless it is proved by clear and convincing medical
evidence to a reasonable probability that the emphysema was caused solely by the employment.
If it is proved that the emphysema was aggravated and contributed to by the employment,
compensation will be payable for the resulting condition of the worker, but only to the extent that
the condition was so aggravated.
203.13-8. Awards.
(a) Amount of Compensation. Waiting periods will follow those listed in section 203.6.
The compensation and benefits provided for occupational diseases are paid in the same
manner as compensation and benefits for injuries as listed in section 203.6. Where an
employee claims to be suffering from both an injury and an occupational disease, the
administrator shall determine whether the disease or the injury or both, are related to the
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disability and shall order compensation awarded for both injury and disease not to exceed
the amount payable for the total percentage of disability.
(b) Aggravation. Aggravation of an occupational disease by any other disease or infirmity
that is not of itself compensable reduces compensation to the proportion of the
compensation that would be payable if the occupational disease were the sole cause of the
disability or death as the occupational disease bears to all the causes of the disability or
death. The reduction is effected by reducing the number of weekly or monthly payments
or the amounts of the payments.
endEnd.
Adopted- BC-07-07-99B
Amended – BC-06-25-14-B (effective 11/01/14)
Emergency Amended – BC-__-__-__-__
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Title 2. Employment – Chapter 203
ONEIDA WORKER’S COMPENSATION LAW
Latiy%t<she Kayanl^hsla
where they work their laws
203.1. Purpose and Policy
203.2. Adoption, Amendment, Repeal
203.3. Definitions.
203.4. General Provisions
203.5. Disability
203.6. Workers Compensation Benefits
203.7. Termination of Benefits
203.8. Medical and Surgical Aid
203.9. Notices, Reports and Limitations
203.10. Administration and Claims Procedures
203.11. Hearing Body and Authority
203.12. Accident Reports Required
203.13. Occupational Diseases
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203.1. Purpose and Policy
203.1-1. Purpose. The purpose of this law is to set up a system of compensation and medical
benefits for employees of the Oneida Nation who suffer compensable injuries in the employment
of the Oneida Nation. The law is not remedial in any sense and is not to be given a broad liberal
construction in favor of any claimant or employee. The Oneida Nation will compile and apply its
own benefit schedule which will mandate the benefit levels applied to applicable injuries. The
Oneida will mandate employee responsibilities and supply literature to employees explaining such.
The Oneida Nation will develop a timely appeals process whereby an employee may seek a third
party for a final decision.
1-2. Policy. It is the policy of the Oneida Nation to protect the employees of the Oneida Nation
and over which the Oneida Nation extends its jurisdiction.
203.2. Adoption, Amendment, Repeal
203.2-1. This law was adopted by the Oneida Business Committee by resolution BC-07-07-99-B,
amended by resolution BC-06-25-14-B, and emergency amended by resolution BC-__-__-__-__.
203.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
203.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
309.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
309.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
203.2-6. Nothing in this law, including any assertion of right or privilege, shall waive or be
construed to work as a constructive waiver of the Nation’s sovereign immunity from suit by any
party.
203.3. Definitions.
203.3-1. This section shall govern the definitions of words or phrases as used herein. All words
not defined herein shall be used in their ordinary and everyday sense.
(a) “Employee” means every person, including all officials and minors, in the service of
the Nation, therein whether elected or under any appointment or contract to hire, express
or implied, or written, injured within or outside of the Nation. The Nation may require a
bond from a contractor to protect it against compensation to employees of such contractor
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or employees of a subcontractor under him. Any peace officer shall be considered an
employee while engaged in the enforcement of peace or in the pursuit and capture of those
charged with crime.
(b) “Employer” means the Nation its divisions, departments, programs, enterprises of
other subdivisions of the Nation.
(c) “Nation” The Oneida Nation, a federally recognized Indian Nation and acting at all
times pursuant to its Constitution and Bylaws in a governmental capacity.
(d) “Injury or personal injury” means physical or mental harm to an employee caused by
an accident or disease which arises from exposure to conditions or circumstances beyond
those common to occupational and/or non-occupational life and is predominantly work
related, or mental harm caused by the May 1, 2021 shooting incident at the Radisson.
(e) “Physical harm” means any injury arising out of and in the course of employment,
unusual or peculiar to work, including specific injury, repetitive traumatic injury, or
occupational disease, which arises from exposure to conditions or circumstances beyond
those common to occupational and/or non-occupational life and is predominantly work
related.
(f) “Accidental injury” means any injury, not expected and not deemed to be willful.
(g) “Mental harm” means any injury arising out of and in the course of employment which
includes mental harm or emotional stress or strain without physical trauma, which arises
from exposure to conditions or circumstances beyond those common to occupational
and/or non-occupational life and is predominantly work related. Common occupational
life includes, but is not limited to, transfers, promotions, termination, disciplinary action
and activities identified within a job description or business unit general activities.
(h) “Burden and standard of proof” means except where explicitly stated otherwise, the
burden of proof is on the party advancing a particular claim or defense, and the standard of
proof is by a preponderance or greater weight of the evidence.
(i) “Waiver of privilege” means application for or acceptance of any benefits under this
law shall constitute a waiver of privilege by the employee or the employee's dependents.
(j) “Administrator” means the person or entity designated and charged with the day-today administration of this law.
(k) “Covered injury/accidents” means mental or physical harm to an employee caused by
an accident or disease and arising out of and in the course of employment, or mental harm
caused by the May 1, 2021 shooting incident at the Radisson. Injury includes mental harm
or emotional stress or strain without physical trauma, which arises from exposure to
conditions or circumstances beyond those common to occupational and/or nonoccupational life and is predominantly work related, extraordinary and unusual.
(l) “Not Covered Injury/Accidents” means no compensation is allowed for:
(1) an injury or death due to the employee's knowingly self-inflicted injury,
including suicide, or commission of a criminal offense,
(2) any injury, occupational disease or death when the proximate cause is the
employee's intoxication from alcohol, or impairment by a non-prescribed controlled
drug or abuse of a prescription drug, except where the employee is an innocent
victim,
(3) refusal or non-cooperation of the employee of a blood alcohol or drug test when
it is requested for reasonable cause,
(4) any injury caused by or contributed to by an illegal or non-prescribed controlled
substance confirmed by a positive confirmation or blood alcohol test.
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(5) gross negligence of the injured employee, including horseplay or other willful
behavior,
(6) disobedience by the injured employee of instructions, whether verbal or written,
from the employer with instruction, which if followed, would reasonably prevent
or significantly reduce the likelihood of the injury or death,
(7) work performed by or as an independent contractor,
(8) injury or death of an employee of a subcontractor or independent contractor
whether insured or uninsured for workers' compensation liability even though the
injury may occur on the Reservation,
(9) activities of the employee during meal/lunch/dinner breaks while off
employer's premises,
(10) the employee's failure, prior to commencement of employment, to disclose a
physical condition which prevented the employee from safely performing the work
for which the employee was hired and which was a substantial contributing factor
to the injury,
(11) environmental illness, or chemical sensitivity caused by agents to which the
general public at the employer's premises are exposed,
(12) idiopathic injury, meaning an injury or condition arising from an obscure or
unknown cause,
(13) an injury or illness secondary to a psychiatric condition,
(14) the natural deterioration of tissue, organ, or other body part,
(15) voluntary participation in an employer-sponsored recreation or fitness
activity,
(16) injuries caused by the act of a third person intended to injure the employee
because of reasons personal to the employee that are not directed against the
employee as an employee or because of the employment.
The burden of proof to meet this definition of “not covered injury/accident” under this
section shall be on the employer.
(m) “Decrease in benefits” means:
(1) If an employee fails to use a safety device, or obey a reasonable written or
printed rule of the employer that has been placed in a conspicuous position in the
workplace or in the employee handbook, compensation will be decreased by fifteen
percent (15%) for the first injury, and twenty-five percent (25%) for each
subsequent injury.
(2) If an employee fails to utilize providers or network providers designated by the
employer, reimbursement for expenses will be decreased by a minimum of fifty
percent (50%), except in the case of a medical emergency.
(n) “Maximum medical improvement” means the date after which no significant recovery
from or significant lasting improvement to a personal injury can reasonably be anticipated,
based upon reasonable medical probability.
(o) “Average daily wage” means the indemnity benefit paid as a result of a fractional week
of disability.
(p) “Judiciary” means the Judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
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203.4. General Provisions
203.4-1. The Nation hereby authorizes the Risk Management Office of the Finance Division to
enter into agreements to create a self-funded, self-insurance program for the Nation operated solely
for the benefit of the employees of the Nation. The Nation may retain the option of insuring its
liability in some corporation, association or organization authorized to transact the business of
workers' compensation insurance in the State of Wisconsin. The Nation may self-insure at its
discretion and administer its program of self insurance or may contract with any private agency,
business firm, or corporation to administer any part of the program. The Oneida Workers
Compensation program will consist of:
(a) Definition of terms
(b) Benefit explanation
(1) Benefits available - Medical and Disability
(2) Benefit schedule
(3) Benefit calculation
(4) Employee responsibilities, reporting, early return to work, medical network use
etc.
(c) Appeals process
203.4-2. The Risk Management Office in conjunction with the Oneida Human Resources Benefits
Office is hereby delegated responsibility for development of regulations to implement this
program. All regulations shall conform to the requirements of the insurer of the program, or this
law. Conflicts between the insurer and this law shall be resolved in favor of this law where
minimum and/or maximum limits are prescribed regarding benefit levels.
203.4-3. A claim against the Oneida Worker Compensation program shall be the exclusive remedy
against the Nation, an entity of the Nation, or an employee of the Nation for any claim of loss
covered by the program. An individual who has made a claim against the program shall be
precluded from bringing any other claim, civil action or proceeding for damages arising from the
same occurrence against the Nation, an entity of the Nation, or an employee of the Nation.
203.5. Disability
203.5-1. Preexisting Disabilities. If an employee suffers a compensable injury while receiving or
entitled to receive compensation for a previous injury in the same employment, the employee is
not entitled to compensation for both injuries at the same time unless the subsequent injury is
permanent. If an employee receives a permanent schedule injury after having sustained another
permanent injury in the same employment, the employee is entitled to compensation for both
injuries, but compensation will be paid by extending the period, not by increasing weekly
compensation payments. When previous and subsequent permanent injuries result in total
permanent disability, compensation is payable, but payments made for the previous injury are to
be deducted from the total compensation payments due. However, if the permanent injury for
which compensation is claimed results only in the aggravation or increase of a previously sustained
permanent injury or physical condition, regardless of the source or cause of the previously
sustained injury of physical condition, the Administrator will determine the extent of the
previously sustained permanent injury or physical condition, as well as the extent of the
aggravation or increase resulting from the subsequent permanent injury and will award
compensation only for that part of the injury, or physical condition resulting from the subsequent
permanent injury. Awards and compensation will deduct uncompensated permanency in their
calculation.
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203.5-2. Third Party Liabilities. An employee or the employee's dependents may bring a thirdparty action to recover damages, notwithstanding the employer’s or insurer's payment of or
liability to pay compensation. If a third-party action is settled, the employer or insurer will receive
reimbursement for workers’ compensation and medical benefits, supplies, and funeral expenses
paid to the employee or dependents. Liability of the employer or insurer for payment of further
benefits or expenses is terminated. Liability is terminated even if the employee or the dependents
have not received any compensation, medical benefits, supplies, or expenses. In the event that the
judgment against a third party is less than the employer's liability, the employee or dependents can
collect the judgment and repay the employer or insurer for benefits previously received. Nothing
in this section shall prevent an employee from taking the compensation he or she may be entitled
to under it and also maintaining a civil action against any physician, chiropractor, psychologist or
podiatrist for malpractice.
203.5-3. Assumption of Risk. Employees will not be held to have assumed the risks of the
employment in any case where the violation by the employer, agents, or employees of any rule,
direction, or regulation made by any public officer or commission contributed to the injury or death
of an employee. The employee will not be held to have assumed the risk of any defect in the place
of work furnished to the employee, or in the tool, implement or appliance furnished by the
employer, when the defect was, prior to injury, known to the employer, or by the exercise of
ordinary care might have been known by the employer in time to have repaired the same or to have
discontinued the use of the defective working place, tool, implement, or appliance. The burden of
proving that the employer was not knowledgeable of such defects is upon the employer.
203.5-4. Employee Requirements. No compensation is allowed for an injury or death due to the
employee's knowingly self inflicted injury, intoxication, or commission of a criminal offense. A
fifteen percent (15%) reduction in compensation is allowed for the knowing failure to use a safety
appliance, obey a reasonable written or printed rule of the employer that has been placed in a
conspicuous position in the workplace or in the employee handbook.
203.6. Workers Compensation Benefits
203.6-1. Employer's Liabilities: Exclusivity. With respect to any employee who sustains injury
or death arising out of and in the course of employment with the employer, such employer shall
be liable for the payment of compensation to such employee, the employee's surviving spouse or
children, or personal representative, as provided in this law. The liability of an employer to an
employee, the employee’s surviving spouse or children, or the personal representative of an
employee for personal injury or death sustained by the employee in the course of employment is
prescribed by this law and is exclusive. This law replaces any and all rights and remedies an
employee, the employee’s surviving spouse or children, or an employee's personal representative
may have under federal, tribal or state law, common law or the workers' compensation statutes of
any state against any employer for personal injury or death arising out of and in the course of
employment.
203.6-2. Total Disability. An employee is totally disabled if the employee is unable to perform
any available work activities, due to an injury sustained during the course of employment with the
employer. The amount of benefits for total disability shall be determined and published by rule
promulgated hereunder.
203.6-3. Partial Disability. An employee is partially disabled if, as a result of an injury sustained
during the course of employment with the employer, the employee is unable to earn the equivalent
of the employee's average weekly wage. The amount of benefits for partial disability shall be
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determined and published by rule promulgated in accordance with levels set forth in section 203.610.
203.6-4. Waiting Period. Compensation, other than payment of medical benefits, will be allowed
for temporary disabilities beginning with the third day of disability. Compensation will be allowed
for the first seven calendar days only if the disability continues for longer than fourteen (14) days
after the date of injury.
203.6-5. Timing of Payments. The first weekly installment of compensation for temporary
disability is due fourteen (14) days after the disability begins and the injured employee notifies the
employer that he/she is disabled with medical proof of the disability. Not later than fifteen (15)
days from the date that the first installment of compensation is due, the employer or insurer must
tender to the employee or dependents all compensation due.
203.6-6. Employee's Average Wage.
(a) Employees Average Weekly Wage. Earnings of the injured employee in the
employment in which the employee working at the time of the injury during the fifty-two
(52) week-period immediately preceding the date of the injury, divided by the number of
weeks worked. Whenever allowances of any character made to an employee in lieu of
wages are a specified part of the wage contract, those allowances will be considered as part
of the employee’s earnings as well as any compensation to the employee which is subject
to Federal income tax:
(1) If the injured employee lost seven or more days during this period although not
in the same week, the earnings for the remainder of the fifty-two (52) weeks will
be divided by the number of weeks and parts thereof remaining after the time lost
have been deducted.
(2) If the employment prior to the injury extended over a period of less than fiftytwo (52) weeks, the aforementioned method of computation will apply if the results
are just and fair to both parties.
(3) If the employee has worked for the employer a short period of time or if the
employment is of a casual nature, average weekly wage will be determined by using
the average weekly amount during the fifty-two (52) weeks prior to the injury that
was being earned by a person in the same grade employed at the same work by the
same employer.
(b) Employee’s Average Daily Wage. If the disability period involves a fractional week,
the indemnity shall be paid for each day of such week at the rate of one-sixth of the weekly
indemnity.
203.6-7. Death Benefits.
(a) Compensation varies according to the employees' wage up to the maximum wage in
effect at the time of injury. The maximum death benefit is four times the average annual
earnings to a maximum of one hundred twenty five thousand dollars ($125,000.00). The
benefits are payable monthly the benefits are payable monthly and decreased by the amount
of indemnity benefit previously paid.
(b) Benefits to the Surviving Spouse. Fifty percent (50%) of the weekly wage will be paid
to the dependent spouse who is the sole dependent of the deceased. The spouse must have
lived with the deceased at the time of death and excludes common law spouse.
(c) Benefits to a Surviving Spouse and One or More Dependent Children. Sixty-six and
two-thirds percent (66⅔%) of weekly wage.
(d) Benefits to Unmarried Children under Age 21. Sixty-six and two-thirds percent
(66⅔%) of weekly wage if the unmarried child is dependent upon the parent and living
with the deceased parent at the time of death or upon whom state laws impose the obligation
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to support the child. Dependency terminates when the child attains the age of twenty-one
(21).
(e) Benefits to Unmarried Children over Age 21. Sixty-six and two-thirds percent (66⅔%)
of weekly wage if the child has never married and is physically or mentally incapacitated
from earning his or her own support until the disability ends or the maximum is paid
whichever occurs first.
203.6-8. Dependency Terminates. Upon the marriage of the dependent or upon maximum benefit
payout whichever comes first. Dependency will not be reinstated due to divorce. Benefits will
continue to be paid for children if the dependent spouse remarries until the dependent children’s
dependency ceases or the maximum benefit is paid, whichever occurs first. Child includes
stepchildren, legally adopted children, posthumous children and acknowledged children born out
of wedlock when there has been obligation support legally imposed by the state.
203.6-9. Miscellaneous Benefits. Burial expenses payable by the employer are not to exceed five
thousand dollars ($5,000) and paid upon the submission of proof of expense.
203.6-10. Weekly Indemnity. The weekly indemnity will be as follows:
(a) Permanent Total Disability. For injuries resulting in permanent total disability,
compensation equals sixty-six and two-thirds percent (66⅔%) of the employee's average
weekly wage, benefits computed on the basis of the employee’s wage subject to weekly
maximums and minimums appropriate to the time of injury.
(b) Permanent Partial Disability - Impairment. Sixty percent (60%) of wages for specified
periods up to one hundred and seventy-five dollars ($175) per week, or if the injury is not
scheduled, a period proportionate to the degree of disability but not over five hundred (500)
weeks or one hundred and fifty thousand dollars ($150,000) whichever occurs first.
(c) Temporary Disability. Compensation will be allowed for injuries producing only
temporary total disability to work or temporary partial disability to work beginning with
the eighth day of disability, except for medical benefits. Compensation will be allowed for
the first three calendar days only if the disability continues for longer than fourteen (14)
days after the date of injury and results in twenty-one (21) consecutive days off work or
employment. The first weekly installment of compensation for temporary disability is due
fourteen (14) days after the disability begins. Not later than fifteen (15) days from the date
that the first installment of compensation is due, the employer or insurer must tender to the
employee or dependents all compensation due. The maximum compensation will be based
on fifty (50) weeks of average weekly wage or one year's salary whichever occurs first as
further identified in subsections (d) and (e) of this section..
(d) Temporary Total Disability. The employee will receive temporary total disability
compensation benefits equal to sixty percent (60%) of the average weekly wage not to
exceed two hundred (200) weeks.
(g) Temporary Partial Disability. The employee may receive temporary partial disability
benefits equal to sixty percent (60%) of the difference between the average weekly wage
and actual weekly wage, not to exceed fifty (50) weeks or one (1) years average weekly
wage, whichever occurs first.
(h) Permanent Disabilities. Minimum percentages of loss of use for amputation level,
losses of motion, sensory losses and surgical procedures as set out herein. The percentages
assume that the member, the back, etc., was previously without disability. Only
percentages exceeding seven and one half percent (7½%) will be deemed compensable.
203.6-11. Permanent Partial Disability Schedule. In cases included in the following schedule of
permanent partial disabilities indemnity shall be paid for the healing period and in addition, for the
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period specified, at the rate of two-thirds of the average weekly earnings of the employee, to be
computed as provided in section 203.6-6:
DISABILITY
BENEFIT
Loss of arm at shoulder
500 weeks
Loss of arm at elbow
450 weeks
Loss of a non-dominant hand
400 weeks
Loss of the dominant hand
450 weeks
Loss of a palm where the thumb remains
325 weeks
Loss of a thumb and the metacarpal bone thereof
160 weeks
Loss of a thumb at the proximal joint
120 weeks
Loss of a thumb at the distal joint
50 weeks
Loss of all fingers on one hand at their proximal joints
225 weeks
Loss of index finger and the metacarpal bone thereof
60 weeks
Loss of index finger at the proximal joint
50 weeks
Loss of index finger at the second joint
30 weeks
Loss of index finger at the distal joint
12 weeks
Loss of middle finger and the metacarpal bone thereof
45 weeks
Loss of middle finger at the proximal joint
35 weeks
Loss of middle finger at the second joint
20 weeks
Loss of middle finger at the distal joint
8 weeks
Loss of ring finger and the metacarpal bone thereof
26 weeks
Loss of ring finger at the proximal joint
20 weeks
Loss of ring finger at the second joint
15 weeks
Loss of ring finger at the distal joint
6 weeks
Loss of little finger and the metacarpal bone thereof
28 weeks
Loss of little finger at the proximal joint
22 weeks
Loss of little finger at the second joint
16 weeks
Loss of little finger at the distal joint
6 weeks
Loss of leg at the hip
500 weeks
Loss of leg at the knee
425 weeks
Loss of a foot at the ankle
250 weeks
Loss of great toe with the metatarsal bone thereof
84 weeks
Loss of great toe at the proximal joint
25 weeks
Loss of great toe at the distal joint
12 weeks
Loss of second toe with the metatarsal bone thereof
25 weeks
Loss of second toe at the proximal joint
8 weeks
Loss of second toe at the second joint
6 weeks
Loss of second toe at the distal joint
4 weeks
Loss of the third, fourth or little toe with the metatarsal bone thereof
20 weeks
Loss of the third, fourth or little toe at the proximal joint
6 weeks
Loss of the third, fourth or little toe at the second or distal joints
4 weeks
Loss of an eye by enucleation or evisceration
275 weeks
Total impairment of one eye for industrial use
250 weeks
Total deafness from accident or sudden trauma
330 weeks
Total deafness of one ear from accident of sudden trauma
55 weeks
Loss of movement due to injury to spine
500 weeks
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203.6-12. Denial of Liability. If the employer denies liability, the employer must inform the
employee or dependents of the denial. Notice of the denial must be made in writing and mailed
not later than thirty (30) days after the employer's knowledge of the injury and the employee's
provision of medical proof.
203.6-13. Apportionment. If any portion of the permanent impairment rating is attributable to a
preexisting condition, whether previously rated or not, the employee shall receive permanent
impairment benefits only for that portion of the permanent injury attributable solely to the work
injury.
203.6-14. Occupational Deafness. This means permanent partial or permanent total loss of
hearing of one or both ears due to prolonged exposure to noise in employment. “Noise” means
sound capable of producing occupational deafness. “Noisy employment” means employment in a
circumstance of which an employee is subjected to noise beyond those common to occupational
and/or non-occupational life and is predominantly work related.
(a) No benefits shall be payable for temporary total or temporary partial disability under
this section for loss of hearing due to prolonged exposure to noise.
(b) No payment shall be made to an employee under this section unless the employee shall
have worked in the noisy employment for a total period of at least one hundred and eighty
(180) days for the employer from whom the employee claims compensation.
(c) The employer is liable for the entire occupational deafness to which his or her
employment has contributed; but if previous deafness is established by a hearing test or
other competent evidence, whether or not the employee was exposed to noise within the
two (2) months preceding such test, the employer is not liable for previous loss so
established nor is the employer liable for any loss for which compensation has previously
been paid.
(d) No compensation may be paid for tinnitus.
(e) Compensation for permanent partial disability due to occupation deafness may be paid
only if the loss of hearing exceeds thirty percent (30%) of binaural hearing loss.
(f) Hearing impairment determinations will be made using the methods and Hearing
Impairment Tables identified in regulations.
203.6-15. Vision Loss. Vision loss determinations will be made using methods and Vision
Impairment Tables identified in regulations.
203.7. Termination of Benefits
203.7-1. Receipt of Social Security Retirement Benefits by the employee will be considered
conclusive evidence of retirement, and the liability of the employer for payment of further
disability benefits will cease.
203.7-2. Once begun, temporary total disability benefits may not be terminated by the employer
unless:
(a) the employee has returned to work, with any employer in a similar position;
(b) the employee has died;
(c) the employee has refused to undergo a medical examination as prescribed in section
203.8-5;
(d) the employee has received two hundred and fifty (250) weeks of benefits or has been
paid the maximum compensation allowed;
(e) the employee has refused modified, early return to work, light duty or transitional job
assignment;
(f) Employee receives Social Security Retirement Benefits;
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(g) the employee is unable or unavailable to work for reasons unrelated to the compensable
injury;
(h) the employee is terminated for misconduct;
(i) the employee fails to cooperate with reasonable medical or vocational rehabilitation;
(j) the employee fails to maintain contact with the employer at least two times per month,
at reasonable intervals identified by the employer from the date of medical assessment.
This section shall not be construed to require the employee to undergo surgery nor to require the
employer to provide vocational rehabilitation.
203.7-3. Maximum and Minimum Weekly Compensation Payments. To be reviewed on a periodic
basis, payments for death, temporary and permanent total disability, and for temporary partial
disability are computed on the basis of the employee's average weekly wage, within the following
limits:
(a) Maximum Weekly Wage for Temporary, Permanent, Total & Death Benefits:
(1) For injuries occurring after December 31, 1999, the average weekly benefit
must not be more than five hundred dollars ($500) or less than fifty dollars ($50).
(2) In no case will the weekly compensation payable exceed the average weekly
wages of the employee at the time of death.
(b) Maximum Wage for Permanent Partial Only. For injuries occurring after December
31, 1999, the maximum weekly benefit will be one hundred and seventy-five dollars
($175).
203.7-4. Claims of Creditors. Compensation awards are subject to child support income
withholding and other remedies available for the enforcement of a child support order. The
maximum amount that may be withheld is one-half of the compensation award.
203.8. Medical and Surgical Aid
203.8-1. Choice of Provider. The choice of a provider is generally made by the employer.
Provided that, the employee may select a physician, surgeon, or other provider and the employer
may be required to reimburse fifty percent (50%) of reasonable expenses.
203.8-2. Benefits. The employer must supply free of charge to the employee, all reasonable and
necessary first aid, medical, surgical and hospital services incurred by the employee as a direct
result of a compensable injury. Benefits payable under any policy of no-fault automobile insurance
will be primary to benefits payable by the employer. The employer may require the employee to
seek services, equipment and medicines at, or from, specified medical providers and facilities.
Non compliance with these requirements will reduce or relieve the employer of liability of medical
payments until such time compliance is met. Compensation will not be paid to an employee who
refuses medical treatment. Likewise, any permanent disability from this refusal is noncompensable. The employer will supply the employee with the group of physicians they can
access. In cases of an emergency the employee can elect the physician of their choice. However
when the emergency passes, the employee must seek follow up medical attention from the
specified physicians supplied by the employer. If the employer requires the employee to submit
to treatment outside the county of employment, and further than thirty (30) miles from the place
of employment the employer must also pay reasonable travel expenses, not to exceed the limits of
the employers travel policies. The employer must supply the following services and supplies:
(a) Medical
(b) Surgical
(c) Psychological
(d) Podiatric
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(e) Dental
(f) Hospital treatment
(g) Prescription Medicines
(h) Medical and surgical supplies
(i) Crutches
(j) Artificial limbs (liability for repair and replacement is limited to the effects of normal
wear and tear)
(i) Appliances
(k) Training in use of artificial limbs and appliances
203.8-3. Utilization Review. The employer liability for medical, surgical, hospital, and nursing
care will be limited to those charges that prevail in the same community for similar services to
injured persons of like standard of living when the service is paid for by the injured person.
203.8-4. Fee Schedules. Fee schedules may be followed as negotiated by the employer with any
provider network or individual, or clinics but may not exceed the fee schedule of the state of the
employment.
203.8-5. Independent Medical Exams. An employee must, if requested in writing by the employer
submit to reasonable exams by medical practitioner, chiropractor, podiatrist, psychologists,
dentists, or vocational experts, provided and paid for by the employer. Expenses will be paid by
the employer, including transportation.
203.8-6. Refusal to Submit. If the employee refuses to submit to or in any way obstructs the
examination, the responsibility of the employer for payment of medical expenses incurred after
the scheduled date of the examination will cease. Likewise, the employer’s responsibility for
payment of all other benefits accruing ceases immediately upon the failure to appear.
203.8-7. Rehabilitation. “Physical rehabilitation” means the restoration of the seriously injured
person as soon as possible to a condition of gainful employment. The Administrator or the
employer may contract for the services of a rehabilitation consultant to assist the employee in
rehabilitation and return-to-work efforts. Rehabilitation may be provided to the employee at the
sole option of the administrator and the employer at the expense of the employer or insurer. It is
administered by the Employee Benefits Department, who also may provide transportation. At the
option of the Administrator and the employer, the employee may receive temporary total benefits
while the employee is actively engaged in a program of rehabilitation which is reasonable and
designed to restore the employee to gainful employment. Initial rehabilitation plan may not exceed
26 weeks, and only the employer may extend
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