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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.
SB21-SSA1,2952 24Section 2952. 102.44 (2) of the statutes is amended to read:
SB21-SSA1,892,6
1102.44 (2) In case of permanent total disability, aggregate indemnity shall be
2weekly indemnity for the period that the employee may live. Total impairment for
3industrial use of both eyes, or the loss of both arms at or near the shoulder, or the loss
4of both legs at or near the hip, or the loss of one arm at the shoulder and one leg at
5the hip, constitutes permanent total disability. This enumeration is not exclusive,
6but in other cases the department division shall find the facts.
SB21-SSA1,2954 7Section 2954. 102.44 (6) (b) of the statutes is amended to read:
SB21-SSA1,892,138 102.44 (6) (b) If, during the period set forth in s. 102.17 (4) the employment
9relationship is terminated by the employer at the time of the injury , or by the
10employee because his or her physical or mental limitations prevent his or her
11continuing in such employment, or if during such that period a wage loss of 15% 15
12percent
or more occurs, the department division may reopen any award and make
13a redetermination taking into account loss of earning capacity.
SB21-SSA1,2957d 14Section 2957d. 102.475 (6) of the statutes is amended to read:
SB21-SSA1,892,1715 102.475 (6) Proof. In administering this section the department or the division
16may require reasonable proof of birth, marriage, domestic partnership under ch. 770,
17relationship, or dependency.
SB21-SSA1,2958d 18Section 2958d. 102.48 (1) of the statutes is amended to read:
SB21-SSA1,892,2419 102.48 (1) An unestranged surviving parent or parents to whose support the
20deceased has contributed less than $500 in the 52 weeks next preceding the injury
21causing death shall receive a death benefit of $6,500. If the parents are not living
22together, the department or the division shall divide this sum in such proportion as
23it deems the department or division considers to be just, considering their ages and
24other facts bearing on dependency.
SB21-SSA1,2959d 25Section 2959d. 102.48 (2) of the statutes is amended to read:
SB21-SSA1,893,15
1102.48 (2) In all other cases the death benefit shall be such sum as the
2department shall determine or the division determines to represent fairly and justly
3the aid to support which the dependent might reasonably have anticipated from the
4deceased employee but for the injury. To establish anticipation of support and
5dependency, it shall not be essential that the deceased employee made any
6contribution to support. The aggregate benefits in such that case shall not exceed
7twice the average annual earnings of the deceased; or 4 times the contributions of the
8deceased to the support of such his or her dependents during the year immediately
9preceding the deceased employee's death, whichever amount is the greater. In no
10event shall the aggregate benefits in such that case exceed the amount which that
11would accrue to a person who is solely and wholly dependent. Where When there is
12more than one partial dependent the weekly benefit shall be apportioned according
13to their relative dependency. The term "support" as used in ss. 102.42 to 102.63 shall
14include contributions to the capital fund of the dependents, for their necessary
15comfort.
SB21-SSA1,2960d 16Section 2960d. 102.48 (3) of the statutes is amended to read:
SB21-SSA1,893,2017 102.48 (3) A Except as otherwise provided, a death benefit, other than burial
18expenses, except as otherwise provided, shall be paid in weekly installments
19corresponding in amount to two-thirds of the weekly earnings of the employee, until
20otherwise ordered by the department or the division.
SB21-SSA1,2961d 21Section 2961d. 102.49 (3) of the statutes is amended to read:
SB21-SSA1,894,522 102.49 (3) If the employee leaves a spouse or domestic partner under ch. 770
23wholly dependent and also a child by a former marriage, domestic partnership under
24ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same
25in amount as if the child were the child of the surviving spouse or partner, and the

1entire benefit shall be apportioned to the dependents in the amounts that the
2department or the division determines to be just, considering the ages of the
3dependents and other factors bearing on dependency. The benefit awarded to the
4surviving spouse or partner shall not exceed 4 times the average annual earnings of
5the deceased employee.
SB21-SSA1,2963d 6Section 2963d. 102.49 (6) of the statutes is amended to read:
SB21-SSA1,894,127 102.49 (6) The department or the division may award the additional benefits
8payable under this section to the surviving parent of the child, to the child's guardian,
9or to such other person, bank, or trust company for the child's use as may be found
10best calculated to conserve the interest interests of the child. In the case of death of
11a child
If the child dies while benefits are still payable, there shall be paid the
12reasonable expense for burial, not exceeding $1,500.
SB21-SSA1,2964d 13Section 2964d. 102.51 (3) of the statutes is amended to read:
SB21-SSA1,894,1814 102.51 (3) Division among dependents. If there is more than one person wholly
15or partially dependent on a deceased employee, the death benefit shall be divided
16between such those dependents in such proportion as the department shall
17determine
or the division determines to be just, considering their ages and other facts
18bearing on such their dependency.
SB21-SSA1,2965d 19Section 2965d. 102.51 (4) of the statutes is amended to read:
SB21-SSA1,895,720 102.51 (4) Dependency as of the date of death. Questions as to who is a
21dependent and the extent of his or her dependency shall be determined as of the date
22of the death of the employee, and the dependent's right to any death benefit becomes
23fixed at that time, regardless of any subsequent change in conditions. The death
24benefit shall be directly recoverable by and payable to the dependents entitled
25thereto to the death benefit or their legal guardians or trustees. In case of the death

1of a dependent whose right to a death benefit has thus become fixed, so much of the
2benefit as is then unpaid is payable to the dependent's personal representatives in
3gross, unless the department or the division determines that the unpaid benefit shall
4be reassigned, under sub. (6), and paid to any other dependent who is physically or
5mentally incapacitated or a minor. A posthumous child is for the purpose For
6purposes
of this subsection, a child of the employee who is born after the death of the
7employee is considered to be
a dependent as of the date of death.
SB21-SSA1,2966d 8Section 2966d. 102.51 (6) of the statutes is amended to read:
SB21-SSA1,895,159 102.51 (6) Division among dependents. Benefits accruing to a minor dependent
10child may be awarded to either parent in the discretion of the department or the
11division
. Notwithstanding sub. (1), the department or the division may reassign the
12death benefit, in accordance with their respective needs for the death benefit as
13between a surviving spouse or a domestic partner under ch. 770 and any children
14designated specified in sub. (1) and s. 102.49 in accordance with their respective
15needs for the death benefit
.
SB21-SSA1,2967d 16Section 2967d. 102.55 (3) of the statutes is amended to read:
SB21-SSA1,895,2517 102.55 (3) For all other injuries to the members of the body or its faculties
18which that are specified in this the schedule under s. 102.52 resulting in permanent
19disability, though the member be is not actually severed or the faculty is not totally
20lost, compensation shall bear such relation to that the compensation named in this
21the schedule as disabilities bear the disability bears to the disabilities disability
22named in this the schedule. Indemnity in such those cases shall be determined by
23allowing weekly indemnity during the healing period resulting from the injury and
24the percentage of permanent disability resulting thereafter after the healing period
25as found by the department or the division.
SB21-SSA1,2968d
1Section 2968d. 102.555 (12) (a) of the statutes is amended to read:
SB21-SSA1,896,62 102.555 (12) (a) An employer, the department, or the department division is
3not liable for the expense of any examination or test for hearing loss, any evaluation
4of such an exam or test, any medical treatment for improving or restoring hearing,
5or any hearing aid to relieve the effect of hearing loss unless it is determined that
6compensation for occupational deafness is payable under sub. (3), (4), or (11).
SB21-SSA1,2969d 7Section 2969d. 102.56 (1) of the statutes is amended to read:
SB21-SSA1,896,208 102.56 (1) Subject to sub. (2), if an employee is so permanently disfigured as
9to occasion potential wage loss due to the disfigurement, the department or the
10division
may allow such sum as the department or the division considers just as
11compensation for the disfigurement, not exceeding the employee's average annual
12earnings. In determining the potential for wage loss due to the disfigurement and
13the sum awarded, the department or the division shall take into account the age,
14education, training, and previous experience and earnings of the employee, the
15employee's present occupation and earnings, and likelihood of future suitable
16occupational change. Consideration for disfigurement allowance is confined to those
17areas of the body that are exposed in the normal course of employment. The
18department or the division shall also take into account the appearance of the
19disfigurement, its location, and the likelihood of its exposure in occupations for which
20the employee is suited.
SB21-SSA1,2970d 21Section 2970d. 102.56 (2) of the statutes is amended to read:
SB21-SSA1,897,222 102.56 (2) If an employee who claims compensation under sub. (1) returns to
23work for the employer who employed the employee at the time of the injury, or is
24offered employment with that employer, at the same or a higher wage, the

1department or the division may not allow that compensation unless the employee
2suffers an actual wage loss due to the disfigurement.
SB21-SSA1,2971d 3Section 2971d. 102.565 (1) of the statutes is amended to read:
SB21-SSA1,897,254 102.565 (1) When an employee working subject to this chapter, as a result of
5exposure in the course of his or her employment over a period of time to toxic or
6hazardous substances or conditions, an employee performing work that is subject to
7this chapter
develops any clinically observable abnormality or condition which that,
8on competent medical opinion, predisposes or renders the employ employee in any
9manner differentially susceptible to disability to such an extent that it is inadvisable
10for the employee to continue employment involving such that exposure and the
11employee
, is discharged from or ceases to continue the employment, and suffers wage
12loss by reason of such that discharge from, or such cessation of, employment, the
13department or the division may allow such sum as it deems the department or the
14division considers
just as compensation therefor for that wage loss, not exceeding
15$13,000. In the event If a nondisabling condition may also be caused by toxic or
16hazardous exposure not related to employment, and if the employee has a history of
17such that exposure, compensation as provided by under this section or any other
18remedy for loss of earning capacity
shall not be allowed nor shall any other remedy
19for loss of earning capacity. In case of such discharge
. If the employee is discharged
20from employment
prior to a finding by the department or the division that it is
21inadvisable for the employee to continue in such that employment and if it is
22reasonably probable that continued exposure would result in disability, the liability
23of the employer who so discharges the employee is primary, and the liability of the
24employer's insurer is secondary, under the same procedure and to the same effect as
25provided by s. 102.62.
SB21-SSA1,2972d
1Section 2972d. 102.565 (2) of the statutes is amended to read:
SB21-SSA1,898,172 102.565 (2) Upon application of any employer or employee the department or
3the division
may direct any employee of the employer or an employee who, in the
4course of his or her employment, has been exposed to toxic or hazardous substances
5or conditions, to submit to examination by a physician or one or more physicians to
6be
appointed by the department or the division to determine whether the employee
7has developed any abnormality or condition under sub. (1), and the degree thereof
8of that abnormality or condition. The cost of the medical examination shall be borne
9by the person making application. The physician conducting the examination shall
10submit the
results of the examination shall be submitted by the physician to the
11department or the division, which shall submit copies of the reports to the employer
12and employee, who shall have an opportunity to rebut the reports provided request
13therefor
if a request to submit a rebuttal is made to the department or the division
14within 10 days from the mailing of after the department or the division mails the
15report to the parties. The department or the division shall make its findings as to
16whether or not it is inadvisable for the employee to continue in his or her
17employment.
SB21-SSA1,2973d 18Section 2973d. 102.565 (3) of the statutes is amended to read:
SB21-SSA1,898,2319 102.565 (3) If an employee refuses to submit to the examination after direction
20by the commission, or any member thereof or the department or any member of the
21commission, the department, the division,
or an examiner thereof,, an employee
22refuses to submit to an examination
or in any way obstructs the same examination,
23the employee's right to compensation under this section shall be barred.
SB21-SSA1,2974 24Section 2974. 102.57 of the statutes is amended to read:
SB21-SSA1,899,7
1102.57 Violations of safety provisions, penalty. If injury is caused by the
2failure of the employer to comply with any statute, rule, or order of the department
3of safety and professional services, compensation and death benefits provided in this
4chapter shall be increased 15% by 15 percent but the total increase may not exceed
5$15,000. Failure of an employer reasonably to enforce compliance by employees with
6any statute, rule, or order of the department of safety and professional services
7constitutes failure by the employer to comply with that statute, rule, or order.
SB21-SSA1,2975 8Section 2975. 102.58 of the statutes is amended to read:
SB21-SSA1,899,19 9102.58 Decreased compensation. If injury is caused by the failure of the
10employee to use safety devices that are provided in accordance with any statute, rule,
11or order of the department of safety and professional services and that are
12adequately maintained, and the use of which is reasonably enforced by the employer,
13if injury results from the employee's failure to obey any reasonable rule adopted and
14reasonably enforced by the employer for the safety of the employee and of which the
15employee has notice, or if injury results from the intoxication of the employee by
16alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as
17defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m),
18the compensation and death benefit provided in this chapter shall be reduced 15%
19by 15 percent but the total reduction may not exceed $15,000.
SB21-SSA1,2978 20Section 2978. 102.61 (1g) (c) of the statutes is amended to read:
SB21-SSA1,900,1321 102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational
22rehabilitation services under 29 USC 701 to 797a, an employee shall provide the
23employer with a written report from a physician, chiropractor, psychologist, or
24podiatrist stating the employee's permanent work restrictions. Within 60 days after
25receiving that report, the employer shall provide to the employee in writing an offer

1of suitable employment, a statement that the employer has no suitable employment
2for the employee, or a report from a physician, chiropractor, psychologist, or
3podiatrist showing that the permanent work restrictions provided by the employee's
4practitioner are in dispute and documentation showing that the difference in work
5restrictions would materially affect either the employer's ability to provide suitable
6employment or a vocational rehabilitation counselor's ability to recommend a
7rehabilitative training program. If the employer and employee cannot resolve the
8dispute within 30 days after the employee receives the employer's report and
9documentation, the employer or employee may request a hearing before the
10department division to determine the employee's work restrictions. Within 30 days
11after the department division determines the employee's work restrictions, the
12employer shall provide to the employee in writing an offer of suitable employment
13or a statement that the employer has no suitable employment for the employee.
SB21-SSA1,2980d 14Section 2980d. 102.61 (1m) (c) of the statutes is amended to read:
SB21-SSA1,900,2515 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost
16of any services provided for an employee by a private rehabilitation counselor under
17par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
18and by rule, if the private rehabilitation counselor determines that rehabilitative
19training is necessary, the reasonable cost of the rehabilitative training program
20recommended by that counselor, including the cost of tuition, fees, books,
21maintenance, and travel at the same rate as is provided for state officers and
22employees under s. 20.916 (8). Notwithstanding that the department or the division
23may authorize under s. 102.43 (5) (b) a rehabilitative training program that lasts
24longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less
25is presumed to be reasonable.
SB21-SSA1,2984
1Section 2984. 102.61 (2) of the statutes is amended to read:
SB21-SSA1,901,82 102.61 (2) The department division, the commission, and the courts shall
3determine the rights and liabilities of the parties under this section in like manner
4and with like effect as the department division, the commission, and the courts
5determine other issues under this chapter. A determination under this subsection
6may include a determination based on the evidence regarding the cost or scope of the
7services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost
8or reasonableness of a rehabilitative training program developed under sub. (1m) (a).
SB21-SSA1,2985 9Section 2985. 102.62 of the statutes is amended to read:
SB21-SSA1,901,25 10102.62 Primary and secondary liability; unchangeable. In case of
11liability under s. 102.57 or 102.60, the liability of the employer shall be primary and
12the liability of the insurance carrier shall be secondary. If proceedings are had before
13the department division for the recovery of that liability, the department division
14shall set forth in its award the amount and order of liability as provided in this
15section. Execution shall not be issued against the insurance carrier to satisfy any
16judgment covering that liability until execution has first been issued against the
17employer and has been returned unsatisfied as to any part of that liability. Any
18provision in any insurance policy undertaking to guarantee primary liability or to
19avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the
20employer has been adjudged bankrupt or has made an assignment for the benefit of
21creditors, or if the employer, other than an individual, has gone out of business or has
22been dissolved, or if the employer is a corporation and its charter has been forfeited
23or revoked, the insurer shall be liable for the payment of that liability without
24judgment or execution against the employer, but without altering the primary
25liability of the employer.
SB21-SSA1,2987d
1Section 2987d. 102.64 (1) of the statutes is amended to read:
SB21-SSA1,902,132 102.64 (1) Upon request of the department of administration, a representative
3of the department of justice shall represent the state in cases involving payment into
4or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The
5department of justice, after giving notice to the department of administration, may
6compromise the amount of those payments but such compromises shall be subject to
7review by the department of workforce development or the division. If the spouse or
8domestic partner under ch. 770 of the deceased employee compromises his or her
9claim for a primary death benefit, the claim of the children of the employee under s.
10102.49 shall be compromised on the same proportional basis, subject to approval by
11the department or the division. If the persons entitled to compensation on the basis
12of total dependency under s. 102.51 (1) compromise their claim, payments under s.
13102.49 (5) (a) shall be compromised on the same proportional basis.
SB21-SSA1,2988d 14Section 2988d. 102.64 (2) of the statutes is amended to read:
SB21-SSA1,903,215 102.64 (2) Upon request of the department of administration, the attorney
16general shall appear on behalf of the state in proceedings upon claims for
17compensation against the state. Except as provided in s. 102.65 (3), the department
18of justice shall represent the interests of the state in proceedings under s. 102.44 (1),
19102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims
20in those proceedings, but the compromises are subject to review by the department
21of workforce development or the division. Costs incurred by the department of justice
22in prosecuting or defending any claim for payment into or out of the work injury
23supplemental benefit fund under s. 102.65, including expert witness and witness
24fees but not including attorney fees or attorney travel expenses for services

1performed under this subsection, shall be paid from the work injury supplemental
2benefit fund.
SB21-SSA1,2991d 3Section 2991d. 102.65 (3) of the statutes is amended to read:
SB21-SSA1,903,114 102.65 (3) The department of workforce development may retain the
5department of administration to process, investigate, and pay claims under ss.
6102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce
7development, the department of administration may compromise a claim processed
8by that department, but a compromise made by that department is subject to review
9by the department of workforce development or the division. The department of
10workforce development shall pay for the services retained under this subsection from
11the appropriation account under s. 20.445 (1) (t).
SB21-SSA1,2992 12Section 2992. 102.65 (4) (intro.) of the statutes is amended to read:
SB21-SSA1,903,2413 102.65 (4) (intro.) The secretary shall monitor the cash balance in, and incurred
14losses to, the work injury supplemental benefit fund using generally accepted
15actuarial principles. If the secretary determines that the expected ultimate losses
16to the work injury supplemental benefit fund on known claims exceed 85 percent of
17the cash balance in that fund, the secretary shall consult with the council on worker's
18compensation. If the secretary, after consulting with the council on worker's
19compensation, determines that there is a reasonable likelihood that the cash balance
20in the work injury supplemental benefit fund may become inadequate to fund all
21claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file
22with the secretary of administration a certificate attesting that the cash balance in
23that fund is likely to become inadequate to fund all claims under ss. 102.44 (1) (c),
24102.49, 102.59, and 102.66 and specifying one of the following:
SB21-SSA1,2995d 25Section 2995d. 102.66 (1) of the statutes is amended to read:
SB21-SSA1,904,14
1102.66 (1) Subject to any certificate filed under s. 102.65 (4), if there is an
2otherwise meritorious claim for occupational disease, or for a traumatic injury
3described in s. 102.17 (4) in which the date of injury or death or last payment of
4compensation, other than for treatment or burial expenses, is before April 1, 2006,
5and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the
6department or the division may, in lieu of worker's compensation benefits, direct
7payment from the work injury supplemental benefit fund under s. 102.65 of such
8compensation and such medical expenses as would otherwise be due, based on the
9date of injury, to or on behalf of the injured employee. The benefits shall be
10supplemental, to the extent of compensation liability, to any disability or medical
11benefits payable from any group insurance policy whose premium is paid in whole
12or in part by any employer, or under any federal insurance or benefit program
13providing disability or medical benefits. Death benefits payable under any such
14group policy do not limit the benefits payable under this section.
SB21-SSA1,2996d 15Section 2996d. 102.75 (1) of the statutes is amended to read:
SB21-SSA1,905,516 102.75 (1) The department shall assess upon and collect from each licensed
17worker's compensation insurance carrier and from each employer exempted under
18s. 102.28 (2) by special order or by rule, the proportion of total costs and expenses
19incurred by the council on worker's compensation for travel and research and by the
20department, the division, and the commission in the administration of this chapter
21for the current fiscal year plus any deficiencies in collections and anticipated costs
22from the previous fiscal year, that the total indemnity paid or payable under this
23chapter by each such carrier and exempt employer in worker's compensation cases
24initially closed during the preceding calendar year, other than for increased, double
25or treble compensation bore to the total indemnity paid in cases closed the previous

1calendar year under this chapter by all carriers and exempt employers other than
2for increased, double or treble compensation. The council on worker's compensation,
3the division,
and the commission shall annually certify any costs and expenses for
4worker's compensation activities to the department at such time as the secretary
5requires.
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