This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB21,2726 25Section 2726. 101.977 (2) (bn) of the statutes is amended to read:
SB21,1077,6
1101.977 (2) (bn) A person may not provide a written certification under par. (b)
2unless the person has been issued a certificate of accomplishment evidencing
3certification or recertification under the a lumber grading training program under
4s. 36.25 (48)
specified by the department and the person has received the certificate
5within the 5 years before providing the written certification. The person shall attach
6to the written certification a copy of his or her certificate of accomplishment.
SB21,2727 7Section 2727. 102.01 (2) (a) of the statutes is renumbered 102.01 (2) (af).
SB21,2728 8Section 2728. 102.01 (2) (ad) of the statutes is created to read:
SB21,1077,109 102.01 (2) (ad) "Administrator" means the administrator of the division of
10hearings and appeals in the department of administration.
SB21,2729 11Section 2729. 102.01 (2) (ag) of the statutes is amended to read:
SB21,1077,1312 102.01 (2) (ag) "Commissioner" means a member of the commission the
13commissioner of insurance
.
SB21,2730 14Section 2730. 102.01 (2) (ap) of the statutes is repealed.
SB21,2731 15Section 2731. 102.01 (2) (ar) of the statutes is created to read:
SB21,1077,1716 102.01 (2) (ar) "Division" means the division of hearings and appeals in the
17department of administration.
SB21,2732 18Section 2732. 102.01 (2) (bm) of the statutes is amended to read:
SB21,1077,2319 102.01 (2) (bm) "General order" means such order as an order that applies
20generally throughout the state to all persons, employments, places of employment,
21or public buildings, or to all persons, employments or, places of employment, or public
22buildings of a class under the jurisdiction of the department office. All other orders
23of the department office shall be considered special orders.
SB21,2733 24Section 2733. 102.01 (2) (d) of the statutes is amended to read:
SB21,1078,3
1102.01 (2) (d) "Municipality" includes a county, city, town, village, school
2district, sewer district, drainage district and long-term care district and other public
3or quasi-public corporations.
SB21,2734 4Section 2734. 102.01 (2) (dg) of the statutes is created to read:
SB21,1078,55 102.01 (2) (dg) "Office" means the office of the commissioner.
SB21,2735 6Section 2735. 102.01 (2) (dm) of the statutes is amended to read:
SB21,1078,97 102.01 (2) (dm) "Order" means any decision, rule, regulation, direction,
8requirement, or standard of the department office, or any other determination
9arrived at or decision made by the department office.
SB21,2736 10Section 2736. 102.01 (2) (em) of the statutes is repealed.
SB21,2737 11Section 2737. 102.04 (1) (a) of the statutes is amended to read:
SB21,1078,1412 102.04 (1) (a) The state, each county, city, town, village, school district, sewer
13district, drainage district, long-term care district and other public or quasi-public
14corporations therein.
SB21,2738 15Section 2738. 102.05 (1) of the statutes is amended to read:
SB21,1079,216 102.05 (1) An employer who has had no employee at any time within a
17continuous period of 2 years shall be deemed considered to have effected withdrawal,
18which shall be effective on the last day of such that period. An employer who has not
19usually employed 3 employees and who has not paid wages of at least $500 for
20employment in this state in every calendar quarter in a calendar year may file a
21withdrawal notice with the department office, which withdrawal shall take effect 30
22days after the date of such that filing or at such later date as is specified in the notice.
23If an employer who is subject to this chapter only because the employer elected to
24become subject to this chapter under sub. (2) cancels or terminates his or her contract
25for the insurance of compensation under this chapter, that employer is deemed

1considered to have effected withdrawal, which shall be effective on the day after the
2contract is canceled or terminated.
SB21,2739 3Section 2739. 102.05 (3) of the statutes is amended to read:
SB21,1079,134 102.05 (3) Any If a person engaged in farming who has become subject to this
5chapter has not employed 6 or more employees, as defined in s. 102.07 (5), on 20 or
6more days during the current or previous calendar year, the person
may withdraw
7by filing with the department office a notice of withdrawal, if the person has not
8employed 6 or more employees as defined by s. 102.07 (5) on 20 or more days during
9the current or previous calendar year. Such
which withdrawal shall be effective take
10effect
30 days after the date of receipt of the notice by the department, office or at such
11later date as is specified in the notice. Such A person who withdraws under this
12subsection
may again become subject to this chapter as provided by in s. 102.04 (1)
13(c) and (e).
SB21,2740 14Section 2740. 102.06 of the statutes is amended to read:
SB21,1080,8 15102.06 Joint liability of employer and contractor. An employer shall be
16liable for compensation to an employee of a contractor or subcontractor under the
17employer who is not subject to this chapter, or who has not complied with the
18conditions of s. 102.28 (2) in any case where such in which the employer would have
19been liable for compensation if such the employee had been working directly for the
20employer, including also work in the erection, alteration, repair, or demolition of
21improvements or of fixtures upon premises of such the employer which that are used
22or to be used in the operations of such the employer. The contractor or subcontractor,
23if subject to this chapter, shall also be liable for such that compensation, but the
24employee shall not recover compensation for the same injury from more than one
25party. The An employer who becomes liable for and who pays such that compensation

1may recover the same amount of compensation paid from such that contractor, or
2subcontractor, or from any other employer for whom the employee was working at
3the time of the injury, if such that contractor, subcontractor, or other employer was
4an employer, as defined in s. 102.04. This section does not apply to injuries occurring
5on or after the first day of the first July beginning after the day that on which the
6secretary commissioner files the certificate under s. 102.80 (3) (a), except that if the
7secretary commissioner files the certificate under s. 102.80 (3) (ag) this section does
8apply to claims for compensation filed on or after the date specified in that certificate.
SB21,2741 9Section 2741. 102.07 (1) (a) of the statutes is amended to read:
SB21,1080,2010 102.07 (1) (a) Every person, including all officials , in the service of the state,
11or of any municipality therein in this state, whether elected or under any
12appointment, or contract of hire, express or implied, and whether a resident of this
13state
or employed or injured within or without the state. The state and or any
14municipality may require a bond from a contractor to protect the state or
15municipality against compensation to employees of such the contractor or employees
16of a subcontractor under the contractor. This paragraph does not apply beginning
17on the first day of the first July beginning after the day that on which the secretary
18commissioner files the certificate under s. 102.80 (3) (a), except that if the secretary
19commissioner files the certificate under s. 102.80 (3) (ag) this paragraph does apply
20to claims for compensation filed on or after the date specified in that certificate.
SB21,2742 21Section 2742. 102.07 (1) (b) of the statutes is amended to read:
SB21,1081,422 102.07 (1) (b) Every person, including all officials , in the service of the state,
23or of any municipality therein in this state, whether elected or under any
24appointment, or contract of hire, express or implied, and whether a resident of this
25state
or employed or injured within or without the state. This paragraph first applies

1on the first day of the first July beginning after the day that on which the secretary
2commissioner files the certificate under s. 102.80 (3) (a), except that if the secretary
3commissioner files the certificate under s. 102.80 (3) (ag) this paragraph does apply
4to claims for compensation filed on or after the date specified in that certificate.
SB21,2743 5Section 2743. 102.07 (7) (b) of the statutes is amended to read:
SB21,1081,116 102.07 (7) (b) The department office may issue an order under s. 102.31 (1) (b)
7permitting the county within which a volunteer fire company or fire department
8organized under ch. 213, a legally organized rescue squad, an ambulance service
9provider, as defined in s. 256.01 (3), or a legally organized diving team is organized
10to assume full liability for the compensation provided under this chapter of all
11volunteer members of that company, department, squad, provider or team.
SB21,2744 12Section 2744. 102.07 (8) (c) of the statutes is amended to read:
SB21,1081,1613 102.07 (8) (c) The department office may not admit in evidence any state or
14federal laws, regulations, documents law, regulation, or document granting
15operating authority, or licenses license when determining whether an independent
16contractor meets the conditions specified in par. (b) 1. or 3.
SB21,2745 17Section 2745. 102.07 (11) of the statutes is amended to read:
SB21,1082,218 102.07 (11) The department office may by rule prescribe classes of volunteer
19workers who may, at the election of the person for whom the service is being
20performed, be deemed considered to be employees for the purposes of this chapter.
21Election shall be by endorsement upon the that person's worker's compensation
22insurance policy with written notice to the department office. In the case of an
23employer that is exempt from insuring liability, election shall be by written notice to
24the department office. The department office shall by rule prescribe the means and

1manner in which notice of election by the employer is to be provided to the volunteer
2workers.
SB21,2746 3Section 2746. 102.07 (12m) of the statutes is renumbered 102.07 (12m) (b) and
4amended to read:
SB21,1082,135 102.07 (12m) (b) A student of a public school, as described in s. 115.01 (1), or
6a private school, as defined in s. 115.001 (3r), or an institution of higher education,
7while he or she is engaged in performing services as part of a school work training,
8work experience, or work study program, and who is not on the payroll of an employer
9that is providing the work training or work experience or who is not otherwise
10receiving compensation on which a worker's compensation carrier could assess
11premiums on that employer, is an employee of a school district or, private school, or
12institution of higher education
that elects under s. 102.077 to name the student as
13its employee.
SB21,2747 14Section 2747. 102.07 (12m) (a) of the statutes is created to read:
SB21,1082,1515 102.07 (12m) (a) In this subsection:
SB21,1082,2016 1. "Institution of higher education" means an institution within the University
17of Wisconsin System, a technical college, a tribally controlled college controlled by
18an Indian tribe that has elected under s. 102.05 (2) to become subject to this chapter,
19a school approved under s. 38.50, or a private, nonprofit institution of higher
20education located in this state.
SB21,1082,2121 2. "Private school" has the meaning given in s. 115.001 (3r).
SB21,1082,2222 3. "Public school" means a school described in s. 115.01 (1).
SB21,2748 23Section 2748. 102.076 (2) of the statutes is amended to read:
SB21,1083,524 102.076 (2) If a corporation has not more than 10 stockholders, not more than
252 officers, and no other employees and is not otherwise required under this chapter

1to have a policy of worker's compensation insurance, an officer of that corporation
2who elects not to be subject to this chapter shall file a notice of that election with the
3department office on a form approved by the department office. The election is
4effective until the officer rescinds it the election by notifying the department office
5in writing.
SB21,2749 6Section 2749. 102.077 (1) of the statutes is amended to read:
SB21,1083,187 102.077 (1) A school district or a , private school, as defined in s. 115.001 (3r),
8or institution of higher education may elect to name as its employee for purposes of
9this chapter a student described in s. 102.07 (12m) (b) by an endorsement on its policy
10of worker's compensation insurance or, if the school district or, private school, or
11institution of higher education
is exempt from the duty to insure under s. 102.28 (2)
12(a), by filing a declaration with the department in the manner provided in s. 102.31
13(2) (a) naming the student as an employee of the school district or, private school, or
14institution of higher education
for purposes of this chapter. A declaration under this
15subsection shall list the name of the student to be covered under this chapter, the
16name and address of the employer that is providing the work training or work
17experience for that student, and the title, if any, of the work training, work
18experience, or work study program in which the student is participating.
SB21,2750 19Section 2750 . 102.077 (1) of the statutes, as affected by 2015 Wisconsin Act
20.... (this act), is amended to read:
SB21,1084,721 102.077 (1) A school district, private school, or institution of higher education
22may elect to name as its employee for purposes of this chapter a student described
23in s. 102.07 (12m) (b) by an endorsement on its policy of worker's compensation
24insurance or, if the school district, private school, or institution of higher education
25is exempt from the duty to insure under s. 102.28 (2) (a), by filing a declaration with

1the department office in the manner provided in s. 102.31 (2) (a) naming the student
2as an employee of the school district, private school, or institution of higher education
3for purposes of this chapter. A declaration under this subsection shall list the name
4of the student to be covered under this chapter, the name and address of the employer
5that is providing the work training or work experience for that student, and the title,
6if any, of the work training, work experience, or work study program in which the
7student is participating.
SB21,2751 8Section 2751. 102.077 (2) of the statutes is amended to read:
SB21,1084,149 102.077 (2) A school district or, private school, or institution of higher
10education
may revoke a declaration under sub. (1) by providing written notice to the
11department in the manner provided in s. 102.31 (2) (a), the student , and the employer
12who is providing the work training or work experience for that student. A revocation
13under this subsection is effective 30 days after the department receives notice of that
14revocation.
SB21,2752 15Section 2752 . 102.077 (2) of the statutes, as affected by 2015 Wisconsin Act
16.... (this act), is amended to read:
SB21,1084,2217 102.077 (2) A school district, private school, or institution of higher education
18may revoke a declaration under sub. (1) by providing written notice to the
19department office in the manner provided in s. 102.31 (2) (a), the student, and the
20employer who is providing the work training or work experience for that student.
21A revocation under this subsection is effective 30 days after the department office
22receives notice of that revocation.
SB21,2753 23Section 2753. 102.08 of the statutes is amended to read:
SB21,1085,11 24102.08 Administration for state employees. The department of
25administration has responsibility for the timely delivery of benefits payable under

1this chapter to employees of the state and their dependents and other functions of
2the state as an employer under this chapter. The department of administration may
3delegate this authority that responsibility to employing departments and agencies
4and require such reports as it deems considers necessary to accomplish this purpose.
5The department of administration or its delegated authorities shall file with the
6department of workforce development office the reports that are required of all
7employers. The department of workforce development office shall monitor the
8delivery of benefits payable under this chapter to state employees and their
9dependents and shall consult with and advise the department of administration in
10the manner and at the times necessary to ensure prompt and proper delivery of those
11benefits
.
SB21,2754 12Section 2754. 102.11 (1) (am) 1. of the statutes is amended to read:
SB21,1085,1913 102.11 (1) (am) 1. The employee is a member of a class of employees that does
14the same type of work at the same location and, in the case of an employee in the
15service of the state, is employed in the same office, department, independent agency,
16authority, institution, association, society, or other body in state government or, if the
17department office determines appropriate, in the same subunit of an office,
18department, independent agency, authority, institution, association, society, or other
19body in state government.
SB21,2755 20Section 2755. 102.12 of the statutes is amended to read:
SB21,1086,15 21102.12 Notice of injury, exception, laches. No claim for compensation may
22be maintained unless, within 30 days after the occurrence of the injury or within 30
23days after the employee knew or ought to have known the nature of his or her
24disability and its relation to the employment, actual notice was received by the
25employer or by an officer, manager, or designated representative of an employer. If

1no representative has been designated by posters placed in one or more conspicuous
2places where notices to employees are customarily posted, then notice received by
3any superior is sufficient. Absence of notice does not bar recovery if it is found that
4the employer was not misled thereby by that absence. Regardless of whether notice
5was received, if no payment of compensation, other than medical treatment or burial
6expense, is made, and and if no application is filed with the department office within
72 years from after the date of the injury or death, or from or the date the employee
8or his or her dependent knew or ought to have known the nature of the disability and
9its relation to the employment, the right to compensation therefor for the injury or
10death
is barred, except that the right to compensation is not barred if the employer
11knew or should have known, within the 2-year period, that the employee had
12sustained the injury on which the claim is based. Issuance of notice of a hearing on
13the department's division's own motion has the same effect for the purposes of this
14section as the filing of an application. This section does not affect any claim barred
15under s. 102.17 (4).
SB21,2756 16Section 2756. 102.125 of the statutes is amended to read:
SB21,1087,5 17102.125 Fraudulent claims reporting and investigation. If an insurer or
18self-insured employer has evidence that a claim is false or fraudulent in violation of
19s. 943.395 and if the insurer or self-insured employer is satisfied that reporting the
20claim to the department office will not impede its ability to defend the claim, the
21insurer or self-insured employer shall report the claim to the department office. The
22department office may require an insurer or self-insured employer to investigate an
23allegedly false or fraudulent claim and may provide the insurer or self-insured
24employer with any records of the department office relating to that claim. An insurer
25or self-insured employer that investigates a claim under this section shall report on

1the results of that investigation to the department office. If based on the
2investigation the department office has a reasonable basis to believe that a violation
3of s. 943.395 has occurred, the department office shall refer the results of the
4investigation to the district attorney of the county in which the alleged violation
5occurred for prosecution.
SB21,2757 6Section 2757. 102.13 (1) (c) of the statutes is amended to read:
SB21,1087,147 102.13 (1) (c) So long as the employee, after a written request of the employer
8or insurer which that complies with par. (b), refuses to submit to or in any way
9obstructs the examination, the employee's right to begin or maintain any proceeding
10for the collection of compensation is suspended, except as provided in sub. (4). If the
11employee refuses to submit to the examination after direction by the department
12division or an examiner, or in any way obstructs the examination, the employee's
13right to the weekly indemnity which that accrues and becomes payable during the
14period of that refusal or obstruction, is barred, except as provided in sub. (4).
SB21,2758 15Section 2758. 102.13 (1) (d) 2. of the statutes is amended to read:
SB21,1087,2016 102.13 (1) (d) 2. Any physician, chiropractor, psychologist, dentist, physician
17assistant, advanced practice nurse prescriber, or podiatrist who attended a worker's
18compensation claimant for any condition or complaint reasonably related to the
19condition for which the claimant claims compensation may be required to testify
20before the department division when the department division so directs.
SB21,2759 21Section 2759. 102.13 (1) (d) 3. of the statutes is amended to read:
SB21,1088,322 102.13 (1) (d) 3. Notwithstanding any statutory provisions except par. (e), any
23physician, chiropractor, psychologist, dentist, physician assistant, advanced
24practice nurse prescriber, or podiatrist attending a worker's compensation claimant
25for any condition or complaint reasonably related to the condition for which the

1claimant claims compensation may furnish to the employee, employer, worker's
2compensation insurer, or the department the office, or the division information and
3reports relative to a compensation claim.
SB21,2760 4Section 2760. 102.13 (1) (f) of the statutes is amended to read:
SB21,1088,75 102.13 (1) (f) If an employee claims compensation under s. 102.81 (1), the
6department office may require the employee to submit to physical or vocational
7examinations under this subsection.
SB21,2761 8Section 2761. 102.13 (2) (a) of the statutes is amended to read:
SB21,1088,199 102.13 (2) (a) An employee who reports an injury alleged to be work-related
10or who files an application for hearing waives any physician-patient,
11psychologist-patient or chiropractor-patient privilege with respect to any condition
12or complaint reasonably related to the condition for which the employee claims
13compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
14physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
15advanced practice nurse prescriber, hospital, or health care provider shall, within a
16reasonable time after written request by the employee, employer, worker's
17compensation insurer, or department office, or division, or its representative, provide
18that person with any information or written material reasonably related to any
19injury for which the employee claims compensation.
SB21,2762 20Section 2762. 102.13 (2) (c) of the statutes is amended to read:
SB21,1089,1021 102.13 (2) (c) Except as provided in this paragraph, if an injured employee has
22a period of temporary disability that exceeds 3 weeks or a permanent disability, if the
23injured employee has undergone surgery to treat his or her injury, other than surgery
24to correct a hernia, or if the injured employee sustained an eye injury requiring
25medical treatment on 3 or more occasions off the employer's premises, the

1department office may by rule require the insurer or self-insured employer to submit
2to the department office a final report of the employee's treating practitioner. The
3department office may not require an insurer or self-insured employer to submit to
4the department office a final report of an employee's treating practitioner when the
5insurer or self-insured employer denies the employee's claim for compensation and
6the employee does not contest that denial. A treating practitioner may charge a
7reasonable fee for the completion of the final report, but may not require prepayment
8of that fee. An insurer or self-insured employer that disputes the reasonableness of
9a fee charged for the completion of a treatment practitioner's final report may submit
10that dispute to the department office for resolution under s. 102.16 (2).
SB21,2763 11Section 2763. 102.13 (3) of the statutes is amended to read:
SB21,1089,2412 102.13 (3) If 2 or more physicians, chiropractors, psychologists, dentists or
13podiatrists disagree as to the extent of an injured employee's temporary disability,
14the end of an employee's healing period, an employee's ability to return to work at
15suitable available employment, or the necessity for further treatment or for a
16particular type of treatment, the department division may appoint another
17physician, chiropractor, psychologist, dentist or podiatrist to examine the employee
18and render an opinion as soon as possible. The department division shall promptly
19notify the parties of this appointment. If the employee has not returned to work,
20payment for temporary disability shall continue until the department division
21receives the opinion. The employer or its insurance carrier or both shall pay for the
22examination and opinion. The employer or insurance carrier or both shall receive
23appropriate credit for any overpayment to the employee determined by the
24department division after receipt of the opinion.
SB21,2764 25Section 2764. 102.13 (4) of the statutes is amended to read:
SB21,1090,15
1102.13 (4) The rights of employees right of an employee to begin or maintain
2proceedings for the collection of compensation and to receive weekly indemnities
3which that accrue and become payable shall not be suspended or barred under sub.
4(1) when an the employee refuses to submit to a physical examination, upon the
5request of the employer or worker's compensation insurer or at the direction of the
6department division or an examiner, which that would require the employee to travel
7a distance of 100 miles or more from his or her place of residence, unless the employee
8has claimed compensation for treatment from a practitioner whose office is located
9100 miles or more from the employee's place of residence or the department division
10or examiner determines that any other circumstances warrant the examination. If
11the employee has claimed compensation for treatment from a practitioner whose
12office is located 100 miles or more from the employee's place of residence, the
13employer or insurer may request, or the department division or an examiner may
14direct, the employee to submit to a physical examination in the area where the
15employee's treatment practitioner is located.
SB21,2765 16Section 2765. 102.13 (5) of the statutes is amended to read:
SB21,1090,2517 102.13 (5) The department division may refuse to receive testimony as to
18conditions determined from an autopsy if it appears that the party offering the
19testimony had procured the autopsy and had failed to make reasonable effort to
20notify at least one party in adverse interest or the department division at least 12
21hours before the autopsy of the time and place it at which the autopsy would be
22performed, or that the autopsy was performed by or at the direction of the coroner
23or medical examiner or at the direction of the district attorney for purposes not
24authorized by under ch. 979. The department division may withhold findings until
25an autopsy is held in accordance with its directions.
SB21,2766
1Section 2766. 102.14 (title) of the statutes is amended to read:
SB21,1091,2 2102.14 (title) Jurisdiction of department office; advisory committee.
SB21,2767 3Section 2767. 102.14 (1) of the statutes is amended to read:
SB21,1091,54 102.14 (1) This Except as otherwise provided, this chapter shall be
5administered by the department office.
SB21,2768 6Section 2768. 102.14 (2) of the statutes is amended to read:
SB21,1091,157 102.14 (2) The council on worker's compensation shall advise the department
8office in carrying out the purposes of this chapter . Such council, shall submit its
9recommendations with respect to amendments to this chapter to each regular
10session of the legislature, and shall report its views upon any pending bill relating
11to this chapter to the proper legislative committee. At the request of the chairpersons
12of the senate and assembly committees on labor, the department office shall schedule
13a meeting of the council with the members of the senate and assembly committees
14on labor to review and discuss matters of legislative concern arising under this
15chapter.
SB21,2769 16Section 2769. 102.15 (1) of the statutes is amended to read:
Loading...
Loading...