In Shari Vander Galien v. WERC (2017AP790), the Court of Appeals District IV held that a correctional officer was not entitled to hazardous duty pay for absences after she returned to work following an on-duty injury. Wis. Stat. § 230.36 entitles guards to full pay for missed work for injuries resulting from acts by inmates.

Correctional officer Shari Vander Galien was injured when she collided with an inmate and received nearly four months of hazardous duty pay before returning to work. For over two years, Vander Galien continued to work, and meanwhile sought treatment for a neck and back condition and for anxiety. Then, she submitted a second claim for hazardous duty pay, alleging permanent disability from post-traumatic stress disorder (PTSD) following the collision with the inmate. When the Department of Corrections (DOC) denied the PTSD claim, Vander Galien submitted another claim, alleging permanent physical disability as a result of the collision. DOC ultimately medically separated Vander Galien from employment.

On Vander Galien’s appeal of the hazardous duty pay claims, the Wisconsin Employment Relations Commission (WERC) again denied the hazardous duty pay because it determined her medical absences were for preexisting conditions and were unrelated to the initial injury from her collision with the inmate. The appeals court upheld WERC’s denial of the benefits. Furthermore, the court rejected Vander Galien’s argument that she was entitled to hazardous duty pay because the work injury was a cause if not the only cause of her disability. The court ruled that Vander Galien failed to show that the injury was even a cause of her disability.