Isn’t setting the wage for a volunteer or paid on-call firefighter or EMT by using an equivalent full-time (career) firefighter’s earnings unrealistic, given the earnings actually received?

The long-standing public policy in Wisconsin summed up in Sorenson v City of Elroy (W.C. Claim No. 83-49944, LIRC Jan. 27, 1988): "as previously stated, Ind. 80.30 also allows a respondent to rebut the presumption of maximum earnings, but only to the extent that there is a disparity between the maximum earnings figure and the usual going earnings paid to full-time firefighters .

. . The volunteer may end up receiving compensation which bears no relation to his actual earning record or capacity.

The legislature intended this result as a protection for volunteer firefighters and as an incentive for them to perform this important work. "Although the above case referred specifically to a firefighter, the Department’s position concerning EMT’s and others who fall under the provisions of §102.07(1)(c) is the same with regard to legislative intent, i.e. , protection and incentive.

Also see City of Elroy v. LIRC, 152 Wis. 2d 320, (Ct.

App. 1989). More.

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