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SB21-SSA1,875,2319 102.23 (5) When an action for review involves only the question of liability as
20between the employer and one or more insurance companies or as between several
21insurance companies, a party that has been ordered by the department , the division,
22the commission, or a court to pay compensation is not relieved from paying
23compensation as ordered.
SB21-SSA1,2847d 24Section 2847d. 102.24 (2) of the statutes is amended to read:
SB21-SSA1,876,9
1102.24 (2) After the commencement of an action to review any order or award
2of the commission, the parties may have the record remanded by the court for such
3time and under such condition as they the parties may provide, for the purpose of
4having the department or the division act upon the question of approving or
5disapproving any settlement or compromise that the parties may desire to have so
6approved. If approved, the action shall be at an end and judgment may be entered
7upon the approval as upon an award. If not approved, the department or the division
8shall immediately return
the record shall forthwith be returned to the circuit court
9and the action shall proceed as if no remand had been made.
SB21-SSA1,2848d 10Section 2848d. 102.25 (1) of the statutes is amended to read:
SB21-SSA1,876,2211 102.25 (1) Any party aggrieved by a judgment entered upon the review of any
12order or award may appeal therefrom the judgment within the time period specified
13in s. 808.04 (1). A trial court shall may not require the commission or any party to
14the action to execute, serve, or file an undertaking under s. 808.07 or to serve, or
15secure approval of, a transcript of the notes of the stenographic reporter or the tape
16of the recording machine. The state is a party aggrieved under this subsection if a
17judgment is entered upon the review confirming any order or award against it the
18state
. At any time before the case is set down for hearing in the court of appeals or
19the supreme court, the parties may have the record remanded by the court to the
20department or the division in the same manner and for the same purposes as
21provided for remanding from the circuit court to the department or the division under
22s. 102.24 (2).
SB21-SSA1,2849d 23Section 2849d. 102.26 (2) of the statutes is amended to read:
SB21-SSA1,877,1124 102.26 (2) Unless previously authorized by the department or the division, no
25fee may be charged or received for the enforcement or collection of any claim for

1compensation, nor may any contract for that enforcement or collection be enforceable
2when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that
3enforcement or collection, exceeds 20 percent of the amount at which that the claim
4is compromised or of the amount awarded, adjudged, or collected, except that in cases
5of admitted liability in which there is no dispute as to the amount of compensation
6due and in which no hearing or appeal is necessary, the fee charged may not exceed
710 percent, but not to exceed $250, of the amount at which that the claim is
8compromised or of the amount awarded, adjudged, or collected. The limitation as to
9fees shall apply to the combined charges of attorneys, solicitors, representatives, and
10adjusters who knowingly combine their efforts toward the enforcement or collection
11of any compensation claim.
SB21-SSA1,2850d 12Section 2850d. 102.26 (3) (b) 1. of the statutes is amended to read:
SB21-SSA1,877,1613 102.26 (3) (b) 1. The department may Subject to sub. (2), upon application of
14any interested party and subject to sub. (2), the department or the division may fix
15the fee of the claimant's attorney or representative and provide in the award for that
16fee to be paid directly to the attorney or representative.
SB21-SSA1,2851d 17Section 2851d. 102.26 (3) (b) 3. of the statutes is amended to read:
SB21-SSA1,877,2518 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer
19to pay any compensation that is due the claimant by depositing the payment directly
20into an account maintained by the claimant at a financial institution. If the insurer
21or self-insured employer agrees to the request, the insurer or self-insured employer
22may deposit the payment by direct deposit, electronic funds transfer, or any other
23money transfer technique approved by the department or the division. The claimant
24may revoke a request under this subdivision at any time by providing appropriate
25written notice to the insurer or self-insured employer.
SB21-SSA1,2852d
1Section 2852d. 102.26 (4) of the statutes is amended to read:
SB21-SSA1,878,82 102.26 (4) The charging or receiving of Any attorney or other person who
3charges or receives
any fee in violation of this section shall be unlawful, and the
4attorney or other person guilty thereof shall
may be required to forfeit double the
5amount retained by the attorney or other person, the same to which forfeiture shall
6be collected by the state in an action in debt, upon complaint of the department or
7the division
. Out of the sum recovered the court shall direct payment to the injured
8party of the amount of the overcharge.
SB21-SSA1,2853d 9Section 2853d. 102.27 (2) (b) of the statutes is amended to read:
SB21-SSA1,878,2210 102.27 (2) (b) If a governmental unit provides public assistance under ch. 49
11to pay medical costs or living expenses related to a claim under this chapter and if
12the governmental unit has given the parties to the claim written notice stating that
13the governmental unit provided the assistance and the cost of that assistance
, the
14department or the division shall order the employer or insurance carrier owing
15compensation shall to reimburse that governmental unit any compensation awarded
16or paid if the governmental unit has given the parties to the claim written notice
17stating that it provided the assistance and the cost of the assistance provided.
18Reimbursement shall equal the lesser of either
for the amount of assistance the
19governmental unit provided or two-thirds of the amount of the award or payment
20remaining after deduction of attorney fees and any other fees or costs chargeable
21under ch. 102, whichever is less. The department shall comply with this paragraph
22when making payments under s. 102.81.
SB21-SSA1,2861 23Section 2861. 102.28 (3) (c) of the statutes is amended to read:
SB21-SSA1,879,1424 102.28 (3) (c) An employee who has signed a waiver under par. (a) 1. and an
25affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the

1employer would be liable for under s. 102.03, who at the time of the injury was a
2member of a religious sect whose authorized representative has filed an affidavit
3under par. (a) 3. and an agreement under par. (a) 4., and who as a result of the injury
4becomes dependent on the religious sect for financial and medical assistance, or the
5employee's dependent, may request a hearing under s. 102.17 (1) to determine if the
6religious sect has provided the employee and his or her dependents with a standard
7of living and medical treatment that are reasonable when compared to the general
8standard of living and medical treatment for members of the religious sect. If, after
9hearing, the department division determines that the religious sect has not provided
10that standard of living or medical treatment, or both, the department division may
11order the religious sect to provide alternative benefits to that employee or his or her
12dependent, or both, in an amount that is reasonable under the circumstances, but
13not in excess of the benefits that the employee or dependent could have received
14under this chapter but for the waiver under par. (a) 1.
SB21-SSA1,2865d 15Section 2865d. 102.28 (4) (c) of the statutes is amended to read:
SB21-SSA1,879,1916 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not
17requested, the department division may issue an order to an employer to cease
18operations on a finding that the employer is an uninsured employer. If no hearing
19is requested, the department may issue such an order.
SB21-SSA1,2866 20Section 2866. 102.28 (4) (d) of the statutes is amended to read:
SB21-SSA1,879,2321 102.28 (4) (d) The department of justice may bring an action in any court of
22competent jurisdiction for an injunction or other remedy to enforce the department's
23an order to cease operations under par. (c).
SB21-SSA1,2873d 24Section 2873d. 102.29 (1) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,880,11
1102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the
2department shall become the agent of that party for the giving of a notice as required
3in par. (a) and the notice, when given to the department, shall include an affidavit
4setting forth the facts, including the steps taken to locate that party. Each party shall
5have an equal voice in the prosecution of the claim, and any disputes arising shall
6be passed upon by the court before whom the case is pending, and if no action is
7pending, then by a court of record or by the department or the division. If notice is
8given as provided in par. (a), the liability of the tort-feasor shall be determined as
9to all parties having a right to make claim and, irrespective of whether or not all
10parties join in prosecuting the claim, the proceeds of the claim shall be divided as
11follows:
SB21-SSA1,2875d 12Section 2875d. 102.29 (1) (c) of the statutes is amended to read:
SB21-SSA1,880,1813 102.29 (1) (c) If both the employee or the employee's personal representative
14or other person entitled to bring action, and the employer, compensation insurer, or
15department, join in the pressing of said claim and are represented by counsel, the
16attorney fees allowed as a part of the costs of collection shall be, unless otherwise
17agreed upon, divided between the attorneys for those parties as directed by the court
18or by the department or the division.
SB21-SSA1,2876d 19Section 2876d. 102.29 (1) (d) of the statutes is amended to read:
SB21-SSA1,880,2320 102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the
21settlement and the distribution of the proceeds of the settlement are approved by the
22court before whom the action is pending or, if no action is pending, then by a court
23of record or by the department or the division.
SB21-SSA1,2878 24Section 2878. 102.29 (8) of the statutes is amended to read:
SB21-SSA1,881,7
1102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private
2school, as defined in s. 115.001 (3r), or an institution of higher education who is
3named under s. 102.077 as an employee of the school district, private school, or
4institution of higher education
for purposes of this chapter and who makes a claim
5for compensation under this chapter may make a claim or maintain an action in tort
6against the employer that provided the work training or work experience from which
7the claim arose.
SB21-SSA1,2879d 8Section 2879d. 102.30 (7) (a) of the statutes is amended to read:
SB21-SSA1,881,149 102.30 (7) (a) The department or the division may order direct reimbursement
10out of the proceeds payable under this chapter for payments made under a
11nonindustrial insurance policy covering the same disability and expenses
12compensable under s. 102.42 when the claimant consents or when it is established
13that the payments under the nonindustrial insurance policy were improper. No
14attorney fee is due with respect to that reimbursement.
SB21-SSA1,2905d 15Section 2905d. 102.32 (1m) (intro.) of the statutes is amended to read:
SB21-SSA1,881,2016 102.32 (1m) (intro.) In any case in which compensation payments for an injury
17have extended or will extend over 6 months or more after the date of the injury or in
18any case in which death benefits are payable, any party in interest may, in the
19discretion of the department or the division, be discharged from, or compelled to
20guarantee, future compensation payments by doing any of the following:
SB21-SSA1,2906d 21Section 2906d. 102.32 (1m) (a) of the statutes is amended to read:
SB21-SSA1,881,2522 102.32 (1m) (a) Depositing the present value of the total unpaid compensation
23upon a 5 percent interest discount basis with a credit union, savings bank, savings
24and loan association, bank, or trust company designated by the department or the
25division
.
SB21-SSA1,2907d
1Section 2907d. 102.32 (1m) (c) of the statutes is amended to read:
SB21-SSA1,882,32 102.32 (1m) (c) Making payment in gross upon a 5 percent interest discount
3basis to be approved by the department or the division.
SB21-SSA1,2908d 4Section 2908d. 102.32 (1m) (d) of the statutes is amended to read:
SB21-SSA1,882,185 102.32 (1m) (d) In cases in which the time for making payments or the amounts
6of payments cannot be definitely determined, furnishing a bond, or other security,
7satisfactory to the department or the division for the payment of compensation as
8may be due or become due. The acceptance of the bond, or other security, and the form
9and sufficiency of the bond or other security, shall be subject to the approval of the
10department or the division. If the employer or insurer is unable or fails to
11immediately procure the bond, then, the employer or insurer, in lieu of procuring the
12bond, shall deposit shall be made with a credit union, savings bank, savings and loan
13association, bank, or trust company designated by the department , of or the division
14the maximum amount that may reasonably become payable in these those cases, to
15be determined by the department or the division at amounts consistent with the
16extent of the injuries and the law. The bonds and deposits are to may be reduced only
17to satisfy claims and may be withdrawn only after the claims which they are to
18guarantee are fully satisfied or liquidated under par. (a), (b), or (c).
SB21-SSA1,2909d 19Section 2909d. 102.32 (5) of the statutes is amended to read:
SB21-SSA1,883,220 102.32 (5) Any insured employer may, within in the discretion of the
21department or the division, compel the insurer to discharge, or to guarantee payment
22of, the employer's liabilities in any case described in sub. (1m) and thereby by that
23discharge or guarantee
release the employer from compensation liability for
24compensation
in that case, but except that if for any reason a bond furnished or
25deposit made under sub. (1m) (d) does not fully protect the beneficiary of the bond

1or deposit
, the compensation insurer or insured employer, as the case may be, shall
2still be liable to the that beneficiary of the bond or deposit.
SB21-SSA1,2913d 3Section 2913d. 102.32 (6m) of the statutes is amended to read:
SB21-SSA1,883,114 102.32 (6m) The department or the division may direct an advance on a
5payment of unaccrued compensation for permanent disability or death benefits if the
6department or the division determines that the advance payment is in the best
7interest of the injured employee or the employee's dependents. In directing the
8advance, the department or the division shall give the employer or the employer's
9insurer an interest credit against its liability. The credit shall be computed at 5
10percent. An injured employee or dependent may receive no more than 3 advance
11payments per calendar year.
SB21-SSA1,2914 12Section 2914. 102.32 (7) of the statutes is amended to read:
SB21-SSA1,883,1613 102.32 (7) No lump sum settlement shall be allowed in any case of permanent
14total disability upon an estimated life expectancy, except upon consent of all parties,
15after hearing and finding by the department division that the interests of the injured
16employee will be conserved thereby by the lump sum settlement.
SB21-SSA1,2915 17Section 2915. 102.33 (title) of the statutes is amended to read:
SB21-SSA1,883,18 18102.33 (title) Department forms Forms and records; public access.
SB21-SSA1,2916d 19Section 2916d. 102.33 (1) of the statutes is amended to read:
SB21-SSA1,883,2420 102.33 (1) The department and the division shall print and furnish free to any
21employer or employee any blank forms that the department considers are necessary
22to facilitate efficient administration of this chapter. The department and the division
23shall keep any record books or records that the department considers are necessary
24for the proper and efficient administration of this chapter.
SB21-SSA1,2917d 25Section 2917d. 102.33 (2) (a) of the statutes is amended to read:
SB21-SSA1,884,4
1102.33 (2) (a) Except as provided in pars. (b) and (c), the records of the
2department, and the records of the division, and the commission, related to the
3administration of this chapter are subject to inspection and copying under s. 19.35
4(1).
SB21-SSA1,2918d 5Section 2918d. 102.33 (2) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,884,186 102.33 (2) (b) (intro.) Except as provided in this paragraph and par. (d), a record
7maintained by the department or by, the division, or the commission that reveals the
8identity of an employee who claims worker's compensation benefits, the nature of the
9employee's claimed injury, the employee's past or present medical condition, the
10extent of the employee's disability, or the amount, type, or duration of benefits paid
11to the employee and a record maintained by the department that reveals any
12financial information provided to the department by a self-insured employer or by
13an applicant for exemption under s. 102.28 (2) (b) are confidential and not open to
14public inspection or copying under s. 19.35 (1). The department or, the division, or
15the
commission may deny a request made under s. 19.35 (1) or, subject to s. 102.17
16(2m) and (2s), refuse to honor a subpoena issued by an attorney of record in a civil
17or criminal action or special proceeding to inspect and copy a record that is
18confidential under this paragraph, unless one of the following applies:
SB21-SSA1,2919d 19Section 2919d. 102.33 (2) (b) 1. of the statutes is amended to read:
SB21-SSA1,884,2420 102.33 (2) (b) 1. The requester is the employee who is the subject of the record
21or an attorney or authorized agent of that employee. An attorney or authorized agent
22of an employee who is the subject of a record shall provide a written authorization
23for inspection and copying from the employee if requested by the department or, the
24division, or
the commission.
SB21-SSA1,2920d 25Section 2920d. 102.33 (2) (b) 2. of the statutes is amended to read:
SB21-SSA1,885,12
1102.33 (2) (b) 2. The record that is requested contains confidential information
2concerning a worker's compensation claim and the requester is an insurance carrier
3or employer that is a party to any worker's compensation claim involving the same
4employee or an attorney or authorized agent of that insurance carrier or employer,
5except that the department or, the division, or the commission is not required to do
6a random search of its records and may require the requester to provide the
7approximate date of the injury and any other relevant information that would assist
8the department or, the division, or the commission in finding the record requested.
9An attorney or authorized agent of an insurance carrier or employer that is a party
10to an employee's worker's compensation claim shall provide a written authorization
11for inspection and copying from the insurance carrier or employer if requested by the
12department or, the division, or the commission.
SB21-SSA1,2922d 13Section 2922d. 102.33 (2) (b) 4. of the statutes is amended to read:
SB21-SSA1,885,1514 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the
15department or, the division, or the commission to release the record.
SB21-SSA1,2923d 16Section 2923d. 102.33 (2) (c) of the statutes is amended to read:
SB21-SSA1,885,2217 102.33 (2) (c) A record maintained by the department , the division, or the
18commission that contains employer or insurer information obtained from the
19Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is
20confidential and not open to public inspection or copying under s. 19.35 (1) unless the
21Wisconsin compensation rating bureau authorizes public inspection or copying of
22that information.
SB21-SSA1,2924d 23Section 2924d. 102.33 (2) (d) 2. of the statutes is amended to read:
SB21-SSA1,886,1424 102.33 (2) (d) 2. The department or , the division, or the commission may release
25information that is confidential under par. (b) to a government unit, an institution

1of higher education, or a nonprofit research organization for purposes of research and
2may release information that is confidential under par. (c) to those persons for that
3purpose if the Wisconsin compensation rating bureau authorizes that release. A
4government unit, institution of higher education, or nonprofit research organization
5may not permit inspection or disclosure of any information released to it under this
6subdivision that is confidential under par. (b) unless the department or, the division,
7or the
commission authorizes that inspection or disclosure and may not permit
8inspection or disclosure of any information released to it under this subdivision that
9is confidential under par. (c) unless the department or , the division, or the
10commission, and the Wisconsin compensation rating bureau, authorize the
11inspection or disclosure. A government unit, institution of higher education, or
12nonprofit research organization that obtains any confidential information under this
13subdivision for purposes of research shall provide the results of that research free of
14charge to the person that released or authorized the release of that information.
SB21-SSA1,2927d 15Section 2927d. 102.35 (3) of the statutes is amended to read:
SB21-SSA1,886,2516 102.35 (3) Any employer who without reasonable cause refuses to rehire an
17employee who is injured in the course of employment, where when suitable
18employment is available within the employee's physical and mental limitations,
19upon order of the department and in addition to other benefits or the division, has
20exclusive liability to pay to the employee, in addition to other benefits, the wages lost
21during the period of such refusal, not exceeding one year's wages. In determining
22the availability of suitable employment the continuance in business of the employer
23shall be considered and any written rules promulgated by the employer with respect
24to seniority or the provisions of any collective bargaining agreement with respect to
25seniority shall govern.
SB21-SSA1,2932d
1Section 2932d. 102.42 (1m) of the statutes is amended to read:
SB21-SSA1,887,112 102.42 (1m) Liability for unnecessary treatment. If an employee who has
3sustained a compensable injury undertakes in good faith invasive treatment that is
4generally medically acceptable, but that is unnecessary, the employer shall pay
5disability indemnity for all disability incurred as a result of that treatment. An
6employer is not liable for disability indemnity for any disability incurred as a result
7of any unnecessary treatment undertaken in good faith that is noninvasive or not
8medically acceptable. This subsection applies to all findings that an employee has
9sustained a compensable injury, whether the finding results from a hearing, the
10default of a party, or a compromise or stipulation confirmed by the department or the
11division
.
SB21-SSA1,2933d 12Section 2933d. 102.42 (6) of the statutes is amended to read:
SB21-SSA1,887,2413 102.42 (6) Treatment rejected by employee. Unless the employee shall have
14has elected Christian Science treatment in lieu of medical, surgical, dental, or
15hospital treatment, no compensation shall be payable for the death or disability of
16an employee, if the death be is caused, or insofar as the disability may be aggravated,
17caused, or continued by an unreasonable refusal or neglect to submit to or follow any
18competent and reasonable medical, surgical, or dental treatment or, in the case of
19tuberculosis, by refusal or neglect to submit to or follow hospital or medical
20treatment when found by the department or the division to be necessary. The right
21to compensation accruing during a period of refusal or neglect to submit to or follow
22hospital or medical treatment when found by the department or the division to be
23necessary in the case of tuberculosis shall be barred, irrespective of whether
24disability was aggravated, caused, or continued thereby by that refusal or neglect.
SB21-SSA1,2934d 25Section 2934d. 102.42 (8) of the statutes is amended to read:
SB21-SSA1,888,9
1102.42 (8) Award to state employee. Whenever the department or the division
2makes
an award is made by the department in on behalf of a state employee, the
3department of workforce development or the division shall file duplicate copies of the
4award with the subunit of the department of administration responsible for risk
5management
. Upon receipt of the copies of the award, the department of
6administration shall promptly issue a voucher in payment of the award from the
7proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and shall transmit one copy
8of the voucher and the award to the officer, department, or agency by whom the
9affected employee is employed.
SB21-SSA1,2937d 10Section 2937d. 102.425 (4m) (a) of the statutes is amended to read:
SB21-SSA1,888,1611 102.425 (4m) (a) The department has jurisdiction under this subsection and,
12the department and the division have jurisdiction under
s. 102.16 (1m) (c), and the
13division has jurisdiction under
s. 102.17 to resolve a dispute between a pharmacist
14or practitioner and an employer or insurer over the reasonableness of the amount
15charged for a prescription drug dispensed under sub. (2) for outpatient use by an
16injured employee who claims benefits under this chapter.
SB21-SSA1,2938d 17Section 2938d. 102.425 (4m) (b) of the statutes is amended to read:
SB21-SSA1,889,218 102.425 (4m) (b) An employer or insurer that disputes the reasonableness of
19the amount charged for a prescription drug dispensed under sub. (2) for outpatient
20use by an injured employee or the department or division under sub. (4) (b) or s.
21102.16 (1m) (c) or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a
22completed bill for the prescription drug, reasonable written notice to the pharmacist
23or practitioner that the charge is being disputed. After receiving reasonable written
24notice under this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1)
25(bg) 1. that a prescription drug charge is being disputed, a pharmacist or practitioner

1may not collect the disputed charge from, or bring an action for collection of the
2disputed charge against, the employee who received the prescription drug.
SB21-SSA1,2942d 3Section 2942d. 102.43 (5) (b) of the statutes is amended to read:
SB21-SSA1,889,144 102.43 (5) (b) Except as provided in s. 102.61 (1g), temporary disability shall
5also include such period as the employee may be receiving instruction under s. 102.61
6(1) or (1m). Temporary disability on account of receiving instruction under s. 102.61
7(1) or (1m), and not otherwise resulting from the injury, shall not be in excess of 80
8weeks. Such That 80-week limitation does not apply to temporary disability benefits
9under this section, the cost of tuition, fees, books, travel, or maintenance under s.
10102.61 (1), or the cost of private rehabilitation counseling or rehabilitative training
11under s. 102.61 (1m) if the department or the division determines that additional
12training is warranted. The necessity for additional training as authorized by the
13department or the division for any employee shall be subject to periodic review and
14reevaluation.
SB21-SSA1,2943 15Section 2943. 102.44 (1) (ag) of the statutes is amended to read:
SB21-SSA1,889,2516 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every
17employee who is receiving compensation under this chapter for permanent total
18disability or continuous temporary total disability more than 24 months after the
19date of injury resulting from an injury that occurred prior to January 1, 2001, shall
20receive supplemental benefits that shall be payable in the first instance by the
21employer or, subject to par. (c), the employer's insurance carrier, or in the case of
22benefits payable to an employee under s. 102.66, shall be paid by the department out
23of the fund created under s. 102.65. Those supplemental benefits shall be paid only
24for weeks of disability occurring after January 1, 2003, and shall continue during the
25period of such total disability subsequent to that date.
SB21-SSA1,2944d
1Section 2944d. 102.44 (1) (ag) of the statutes, as affected by 2015 Wisconsin
2Act .... (this act), is amended to read:
SB21-SSA1,890,123 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every
4employee who is receiving compensation under this chapter for permanent total
5disability or continuous temporary total disability more than 24 months after the
6date of injury resulting from an injury that occurred prior to January 1, 2001, shall
7receive supplemental benefits that shall be payable by the employer or, subject to par.
8(c),
the employer's insurance carrier, or in the case of benefits payable to an employee
9under s. 102.66, shall be paid by the department out of the fund created under s.
10102.65. Those supplemental benefits shall be paid only for weeks of disability
11occurring after January 1, 2003, and shall continue during the period of such total
12disability subsequent to that date.
SB21-SSA1,2945 13Section 2945. 102.44 (1) (c) of the statutes is renumbered 102.44 (1) (c) 1. and
14amended to read:
SB21-SSA1,890,2315 102.44 (1) (c) 1. Subject to any certificate filed under s. 102.65 (4), an employer
16or
An insurance carrier paying the supplemental benefits required under this
17subsection shall be entitled to reimbursement for each such case from the fund
18established by s. 102.65
worker's compensation operations fund, commencing one
19year after the date of the first payment of those benefits and annually thereafter
20while those payments continue. To receive reimbursement under this paragraph, an
21employer or insurance carrier must file a claim for that reimbursement with the
22department by no later than 12 months after the end of the year in which the
23supplemental benefits were paid and the claim must be approved by the department.
SB21-SSA1,2947 24Section 2947. 102.44 (1) (c) 2. of the statutes is created to read:
SB21-SSA1,891,9
1102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under
2subd. 1., the department shall determine the total amount of all claims filed by that
3deadline and shall use that total to determine the amount to be collected under s.
4102.75 (1g) from each licensed worker's compensation insurance carrier, deposited
5in the worker's compensation operations fund, and used to provide reimbursement
6to insurance carriers paying supplemental benefits under this subsection. Subject
7to subd. 3., the department shall pay a claim for reimbursement approved by the
8department by no later than 16 months after the end of the year in which the claim
9was received by the department.
SB21-SSA1,2949 10Section 2949. 102.44 (1) (c) 3. of the statutes is created to read:
SB21-SSA1,891,2011 102.44 (1) (c) 3. The maximum amount that the department may pay under
12subd. 2. in a calendar year is $5,000,000. If the amount determined payable under
13subd. 2. in a calendar year is $5,000,000 or less, the department shall pay that
14amount. If the amount determined payable under subd. 2. in a calendar year exceeds
15$5,000,000, the department shall pay $5,000,000 in the year in which the
16determination is made and, subject to the maximum amount payable of $5,000,000
17per calendar year, shall pay the excess in the next calendar year or in subsequent
18calendar years until that excess is paid in full. The department shall pay claims for
19reimbursement under subd. 2. in the chronological order in which those claims are
20received.
SB21-SSA1,2951 21Section 2951. 102.44 (1) (c) 4. of the statutes is created to read:
SB21-SSA1,891,2322 102.44 (1) (c) 4. This paragraph does not apply to supplemental benefits paid
23for an injury that occurs on or after January 1, 2016.
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