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SB21,1111,2
13. Who is so So sick, infirm, or aged as to make it probable that the witness will
2not be able to attend the hearing; or hearing.
SB21,1111,53 4. Who is a A member of the legislature, if any committee of the same or
4legislature or of the house of which the witness is a member, is in session, provided
5and the witness waives his or her privilege.
SB21,2813 6Section 2813. 102.17 (1) (g) of the statutes is amended to read:
SB21,1111,197 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a
8dispute or creates a doubt as to the extent or cause of disability or death, the
9department division may direct that the injured employee be examined, that an
10autopsy be performed, or that an opinion be obtained without examination or
11autopsy, by or from an impartial, competent physician, chiropractor, dentist,
12psychologist or podiatrist designated by the department division who is not under
13contract with or regularly employed by a compensation insurance carrier or
14self-insured employer. The expense of the examination, autopsy, or opinion shall be
15paid by the employer or, if the employee claims compensation under s. 102.81, from
16the uninsured employers fund. The report of the examination, autopsy, or opinion
17shall be transmitted in writing to the department division and a copy of the report
18shall be furnished by the department division to each party, who shall have an
19opportunity to rebut such the report on further hearing.
SB21,2814 20Section 2814. 102.17 (1) (h) of the statutes is amended to read:
SB21,1112,221 102.17 (1) (h) The contents of certified reports of investigation, made by
22industrial safety specialists who are employed, contracted, or otherwise secured by
23the department division and who are available for cross-examination, if served upon
24the parties 15 days prior to hearing, shall constitute prima facie evidence as to
25matter contained in those reports. A report described in this paragraph that is

1admitted or received into evidence by the department division constitutes
2substantial evidence under s. 102.23 (6) as to the matter contained in the report.
SB21,2815 3Section 2815. 102.17 (2) of the statutes is amended to read:
SB21,1112,134 102.17 (2) If the department shall have division has reason to believe that the
5payment of compensation has not been made, it the division may on its own motion
6give notice to the parties, in the manner provided for the service of an application,
7of a time and place when a hearing will be held for the purpose of determining the
8facts. Such The notice shall contain a statement of the matter to be considered.
9Thereafter all other All provisions of this chapter governing proceedings on an
10application shall attach apply, insofar as the same may be applicable, to a proceeding
11under this subsection
. When the department division schedules a hearing on its own
12motion, the department division does not become a party in interest and is not
13required to appear at the hearing.
SB21,2816 14Section 2816. 102.17 (2m) of the statutes is amended to read:
SB21,1112,2015 102.17 (2m) Any The division or any party, including the department office,
16may require any person to produce books, papers, and records at the hearing by
17personal service of a subpoena upon the person along with a tender of witness fees
18as provided in ss. 814.67 and 885.06. Except as provided in sub. (2s), the subpoena
19shall be on a form provided by the department division and shall give the name and
20address of the party requesting the subpoena.
SB21,2817 21Section 2817. 102.17 (2s) of the statutes is amended to read:
SB21,1113,322 102.17 (2s) A party's attorney of record may issue a subpoena to compel the
23attendance of a witness or the production of evidence. A subpoena issued by an
24attorney must be in substantially the same form as provided in s. 805.07 (4) and must
25be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of

1issuance, send a copy of the subpoena to the appeal tribunal hearing examiner or
2other representative of the department division responsible for conducting the
3proceeding.
SB21,2818 4Section 2818. 102.17 (7) (b) of the statutes is amended to read:
SB21,1113,165 102.17 (7) (b) Except as provided in par. (c), the department division shall
6exclude from evidence testimony or certified reports from expert witnesses under
7par. (a) offered by the party that raises the issue of loss of earning capacity if that
8party failed to notify the department division and the other parties of interest, at
9least 60 days before the date of the hearing, of the party's intent to provide the
10testimony or reports and of the names of the expert witnesses involved. Except as
11provided in par. (c), the department division shall exclude from evidence testimony
12or certified reports from expert witnesses under par. (a) offered by a party of interest
13in response to the party that raises the issue of loss of earning capacity if the
14responding party failed to notify the department division and the other parties of
15interest, at least 45 days before the date of the hearing, of the party's intent to provide
16the testimony or reports and of the names of the expert witnesses involved.
SB21,2819 17Section 2819. 102.17 (7) (c) of the statutes is amended to read:
SB21,1113,2218 102.17 (7) (c) Notwithstanding the notice deadlines provided in par. (b), the
19department division may receive in evidence testimony or certified reports from
20expert witnesses under par. (a) when the applicable notice deadline under par. (b) is
21not met if good cause is shown for the delay in providing the notice required under
22par. (b) and if no party is prejudiced by the delay.
SB21,2820 23Section 2820. 102.17 (8) of the statutes is amended to read:
SB21,1114,1224 102.17 (8) Unless otherwise agreed to by all parties, an injured employee shall
25file with the department division and serve on all parties at least 15 days before the

1date of the hearing an itemized statement of all medical expenses and incidental
2compensation under s. 102.42 claimed by the injured employee. The itemized
3statement shall include, if applicable, information relating to any travel expenses
4incurred by the injured employee in obtaining treatment including the injured
5employee's destination, number of trips, round trip mileage, and meal and lodging
6expenses. The department division may not admit into evidence any information
7relating to medical expenses and incidental compensation under s. 102.42 claimed
8by an injured employee if the injured employee failed to file with the department
9division and serve on all parties at least 15 days before the date of the hearing an
10itemized statement of the medical expenses and incidental compensation under s.
11102.42 claimed by the injured employee, unless the department division is satisfied
12that there is good cause for the failure to file and serve the itemized statement.
SB21,2821 13Section 2821. 102.175 (2) of the statutes is amended to read:
SB21,1114,2114 102.175 (2) If after a hearing or a prehearing conference the department
15division determines that an injured employee is entitled to compensation but that
16there remains in dispute only the issue of which of 2 or more parties is liable for that
17compensation, the department division may order one or more parties to pay
18compensation in an amount, time, and manner as determined by the department
19division. If the department division later determines that another party is liable for
20compensation, the department division shall order that other party to reimburse any
21party that was ordered to pay compensation under this subsection.
SB21,2822 22Section 2822. 102.18 (1) (b) of the statutes is amended to read:
SB21,1115,1623 102.18 (1) (b) Within 90 days after the final hearing and close of the record, the
24department division shall make and file its findings upon the ultimate facts involved
25in the controversy, and its order, which shall state its the division's determination as

1to the rights of the parties. Pending the final determination of any controversy before
2it, the department may in its discretion division, after any hearing, may, in its
3discretion,
make interlocutory findings, orders, and awards, which may be enforced
4in the same manner as final awards. The department division may include in any
5interlocutory or final award or order an order directing the employer or insurer to pay
6for any future treatment that may be necessary to cure and relieve the employee from
7the effects of the injury. If the department division finds that the employer or insurer
8has not paid any amount that the employer or insurer was directed to pay in any
9interlocutory order or award and that the nonpayment was not in good faith, the
10department division may include in its final award a penalty not exceeding 25% 25
11percent
of each amount that was not paid as directed. When there is a finding that
12the employee is in fact suffering from an occupational disease caused by the
13employment of the employer against whom the application is filed, a final award
14dismissing the application upon the ground that the applicant has suffered no
15disability from the disease shall not bar any claim the employee may thereafter have
16for disability sustained after the date of the award.
SB21,2823 17Section 2823. 102.18 (1) (bg) 1. of the statutes is amended to read:
SB21,1116,818 102.18 (1) (bg) 1. If the department division finds under par. (b) that an insurer
19or self-insured employer is liable under this chapter for any health services provided
20to an injured employee by a health service provider, but that the reasonableness of
21the fee charged by the health service provider is in dispute, the department division
22may include in its order under par. (b) a determination made by the office under s.
23102.16 (2)
as to the reasonableness of the fee or the department, if such a
24determination has not yet been made, the division
may notify, or direct the insurer
25or self-insured employer to notify, the health service provider under s. 102.16 (2) (b)

1that the reasonableness of the fee is in dispute. The department shall deny payment
2of a health service fee that the department determines under this subdivision to be
3unreasonable. An insurer or self-insured employer and a health service provider
4that are parties to a fee dispute under this subdivision are bound by the department's
5determination under this subdivision on the reasonableness of the disputed fee,
6unless that determination is set aside, reversed, or modified by the department
7under sub. (3) or by the commission under sub. (3) or (4) or is set aside on judicial
8review under s. 102.23.
SB21,2824 9Section 2824. 102.18 (1) (bg) 2. of the statutes is amended to read:
SB21,1117,710 102.18 (1) (bg) 2. If the department division finds under par. (b) that an
11employer or insurance carrier is liable under this chapter for any treatment provided
12to an injured employee by a health service provider, but that the necessity of the
13treatment is in dispute, the department division may include in its order under par.
14(b) a determination made by the office under s. 102.16 (2m) as to the necessity of the
15treatment or the department, if such a determination has not yet been made, the
16division
may notify, or direct the employer or insurance carrier to notify, the health
17service provider under s. 102.16 (2m) (b) that the necessity of the treatment is in
18dispute. Before determining under this subdivision the necessity of treatment
19provided to an injured employee, the department may, but is not required to, obtain
20the opinion of an expert selected by the department who is qualified as provided in
21s. 102.16 (2m) (c). The standards promulgated under s. 102.16 (2m) (g) shall be
22applied by an expert in rendering an opinion as to, and in determining, necessity of
23treatment under this subdivision. In cases in which no standards promulgated
24under s. 102.16 (2m) (g) apply, the department shall find the facts regarding
25necessity of treatment. The department shall deny payment for any treatment that

1the department determines under this subdivision to be unnecessary. An insurer or
2self-insured employer and a health service provider that are parties to a dispute
3under this subdivision over the necessity of treatment are bound by the department's
4determination under this subdivision on the necessity of the disputed treatment,
5unless that determination is set aside, reversed, or modified by the department
6division under sub. (3) or by the commission under sub. (3) or (4) or is set aside on
7judicial review under s. 102.23.
SB21,2825 8Section 2825. 102.18 (1) (bg) 3. of the statutes is amended to read:
SB21,1118,29 102.18 (1) (bg) 3. If the department division finds under par. (b) that an insurer
10or self-insured employer is liable under this chapter for the cost of a prescription
11drug dispensed under s. 102.425 (2) for outpatient use by an injured employee, but
12that the reasonableness of the amount charged for that prescription drug is in
13dispute, the department division may include in its order under par. (b) a
14determination made by the office under s. 102.425 (4m) as to the reasonableness of
15the prescription drug charge or the department, if such a determination has not yet
16been made, the division
may notify, or direct the insurer or self-insured employer to
17notify, the pharmacist or practitioner dispensing the prescription drug under s.
18102.425 (4m) (b) that the reasonableness of the prescription drug charge is in
19dispute. The department shall deny payment of a prescription drug charge that the
20department determines under this subdivision to be unreasonable. An insurer or
21self-insured employer and a pharmacist or practitioner that are parties to a dispute
22under this subdivision over the reasonableness of a prescription drug charge are
23bound by the department's determination under par. (b) on the reasonableness of the
24disputed prescription drug charge, unless that determination is set aside, reversed,

1or modified by the department under sub. (3) or by the commission under sub. (3) or
2(4) or is set aside on judicial review under s. 102.23.
SB21,2826 3Section 2826. 102.18 (1) (bp) of the statutes is amended to read:
SB21,1118,194 102.18 (1) (bp) If the department division determines that the employer or
5insurance carrier suspended, terminated, or failed to make payments or failed to
6report an injury as a result of malice or bad faith, the department division may
7include a penalty in an award to an employee for each event or occurrence of malice
8or bad faith. This That penalty is the exclusive remedy against an employer or
9insurance carrier for malice or bad faith. If this the penalty is imposed for an event
10or occurrence of malice or bad faith that causes a payment that is due an injured
11employee to be delayed in violation of s. 102.22 (1) or overdue in violation of s. 628.46
12(1), the department division may not also order an increased payment under s.
13102.22 (1) or the payment of interest under s. 628.46 (1). The department division
14may award an amount that it the division considers just, not to exceed the lesser of
15200 percent of total compensation due or $30,000 for each event or occurrence of
16malice or bad faith. The department division may assess the penalty against the
17employer, the insurance carrier, or both. Neither the employer nor the insurance
18carrier is liable to reimburse the other for the penalty amount. The department
19division may, by rule, define actions which that demonstrate malice or bad faith.
SB21,2827 20Section 2827. 102.18 (1) (bw) of the statutes is amended to read:
SB21,1119,221 102.18 (1) (bw) If an insurer, a self-insured employer , or, if applicable, the
22uninsured employers fund pays compensation to an employee in excess of its liability
23and another insurer is liable for all or part of the excess payment, the department
24division may order the insurer or self-insured employer that is liable for that excess

1payment
to reimburse the insurer or self-insured employer that made the excess
2payment or, if applicable, the uninsured employers fund.
SB21,2828 3Section 2828. 102.18 (1) (c) of the statutes is amended to read:
SB21,1119,104 102.18 (1) (c) If 2 or more examiners have conducted a formal hearing on a claim
5and are unable to agree on the order or award to be issued, the decision shall be the
6decision of the majority. If the examiners are equally divided on the decision, the
7department division may appoint an additional examiner who shall review the
8record and consult with the other examiners concerning their personal impressions
9of the credibility of the evidence. Findings of fact and an order or award may then
10be issued by a majority of the examiners.
SB21,2829 11Section 2829. 102.18 (1) (e) of the statutes is amended to read:
SB21,1119,1812 102.18 (1) (e) Except as provided in s. 102.21, if the department division orders
13a party to pay an award of compensation, the party shall pay the award no later than
1421 days after the date on which the order is electronically delivered to the party or
15mailed to the last-known address of the party, unless the party files a petition for
16review under sub. (3). This paragraph applies to all awards of compensation ordered
17by the department division, whether the award results from a hearing, the default
18of a party, or a compromise or stipulation confirmed by the department division.
SB21,2830 19Section 2830. 102.18 (2) of the statutes is amended to read:
SB21,1120,220 102.18 (2) The department division shall have and maintain on its staff such
21examiners as are necessary to hear and decide disputed claims and to assist in the
22effective administration of adjudication of disputes under this chapter. These Those
23examiners shall be attorneys and may be designated as administrative law judges.
24These Those examiners may make findings and orders, and may approve, review, set

1aside, modify, or confirm stipulations of settlement or compromises of claims for
2compensation.
SB21,2831 3Section 2831. 102.18 (3) of the statutes is amended to read:
SB21,1120,244 102.18 (3) A party in interest may petition the commission for review of an
5examiner's decision awarding or denying compensation if the department division
6or commission receives the petition within 21 days after the department division
7electronically delivered a copy of the examiner's findings and order to the parties in
8interest or
mailed a copy of the examiner's findings and order to the party's
9last-known address addresses of the parties in interest. The commission shall
10dismiss a petition which that is not timely filed unless the petitioner shows probable
11good cause that the reason for failure to timely file was beyond the petitioner's
12control. If no petition is filed within 21 days from after the date that on which a copy
13of the findings or order of the examiner is electronically delivered to the parties in
14interest or
mailed to the last-known address addresses of the parties in interest, the
15findings or order shall be considered final unless set aside, reversed , or modified by
16the examiner within that time. If the findings or order are set aside by the examiner,
17the status shall be the same as prior to the setting aside of the findings or order set
18aside
. If the findings or order are reversed or modified by the examiner, the time for
19filing a petition commences with on the date that on which notice of reversal or
20modification is electronically delivered to the parties in interest or mailed to the
21last-known address addresses of the parties in interest. The commission shall either
22affirm, reverse, set aside, or modify the findings or order, in whole or in part, or direct
23the taking of additional evidence. This The commission's action shall be based on a
24review of the evidence submitted.
SB21,2832 25Section 2832. 102.18 (4) (b) of the statutes is amended to read:
SB21,1121,4
1102.18 (4) (b) Within 28 days after a decision of the commission is electronically
2delivered to each party in interest or
mailed to the last-known address of each party
3in interest, the commission may, on its own motion, set aside the decision for further
4consideration.
SB21,2833 5Section 2833. 102.18 (4) (c) 3. of the statutes is amended to read:
SB21,1121,76 102.18 (4) (c) 3. Remand the case to the department division for further
7proceedings.
SB21,2834 8Section 2834. 102.18 (4) (d) of the statutes is amended to read:
SB21,1121,159 102.18 (4) (d) While a petition for review by the commission is pending or after
10entry of an order or award by the commission, but before commencement of an action
11for judicial review or expiration of the period in which to commence an action for
12judicial review, the commission shall remand any compromise presented to it to the
13department division for consideration and approval or rejection pursuant to under
14s. 102.16 (1). Presentation of a compromise does not affect the period in which to
15commence an action for judicial review.
SB21,2835 16Section 2835. 102.18 (5) of the statutes is amended to read:
SB21,1122,217 102.18 (5) If it shall appear to the department appears to the division that a
18mistake may have been made as to cause of injury in the findings, order, or award
19upon an alleged injury based on accident, when in fact the employee was suffering
20from an occupational disease, within 3 years after the date of the findings, order, or
21award
the department division may, upon its own motion, with or without hearing,
22within 3 years from the date of such findings, order or award, set aside such the
23findings, order or award, or the department division may take such that action upon
24application made within such those 3 years. Thereafter, and after After an
25opportunity for hearing, the department division may, if in fact the employee is

1suffering from disease arising out of the employment, make new findings, and a new
2order or
award, or it the division may reinstate the previous findings, order, or award.
SB21,2836 3Section 2836. 102.18 (6) of the statutes is amended to read:
SB21,1122,84 102.18 (6) In case of disease arising out of the employment, the department
5division may from time to time review its findings, order, or award, and make new
6findings, or a new order or award, based on the facts regarding disability or otherwise
7as they those facts may then appear at the time of the review. This subsection shall
8not affect the application of the limitation in s. 102.17 (4).
SB21,2837 9Section 2837. 102.19 of the statutes is amended to read:
SB21,1123,5 10102.19 Alien dependents; payments through consular officers. In case
11If a deceased employee, for whose injury or death compensation is payable, leaves
12surviving alien dependents residing outside of the United States, the duly accredited
13consular officer of the country of which such those dependents are citizens or such
14that officer's designated representative residing within the state shall, except as
15otherwise determined by the department office, be the sole representative of the
16deceased employee and dependents in all matters pertaining to their claims for
17compensation. The receipt by such officer or agent of compensation funds and the
18distribution thereof of those funds by a consular officer or representative shall be
19made only upon order of the department office, and payment to such the officer or
20agent pursuant to any such representative under that order shall be a full discharge
21of the benefits or compensation. Such due the deceased employee and his or her
22dependents. If required by the office, a
consular officer or such officer's
23representative shall furnish, if required by the department, a bond to be approved
24by it the office, conditioned upon the proper application of all moneys received by
25such person the consular officer or representative. Before such that bond is

1discharged, such the consular officer or representative shall file with the department
2a
office an itemized and verified account of the items of his or her receipts and
3disbursements
receipt and disbursement of such that compensation. Such The
4consular officer or representative shall make interim reports to the department office
5as it the office may require.
SB21,2838 6Section 2838. 102.195 of the statutes is amended to read:
SB21,1123,14 7102.195 Employees confined in institutions; payment of benefits. In
8case
If an employee is adjudged insane mentally ill or incompetent, or convicted of
9a felony, and is confined in a public institution and has wholly dependent upon the
10employee for support a person, whose dependency is determined as if the employee
11were deceased, compensation payable during the period of the employee's
12confinement may be paid to the employee and the employee's dependents , in such
13manner, for such time, and in such amount as the department office by order
14provides.
SB21,2839 15Section 2839. 102.21 of the statutes is amended to read:
SB21,1124,5 16102.21 Payment of awards by municipalities. Whenever an award is made
17by the department under this chapter or s. 66.191, 1981 stats., against any
18municipality, the person in whose favor it the award is made shall file a certified copy
19thereof of the award with the municipal clerk. Within 20 days thereafter, unless
20Unless an appeal is taken, such within 20 days after that filing, the municipal clerk
21shall draw an order on the municipal treasurer for the payment of the award. If upon
22appeal such the award is affirmed in whole or in part the, the municipal clerk shall
23draw an
order for payment shall be drawn of the award within 10 days after a
24certified copy of such the judgment affirming the award is filed with the proper that
25clerk. If the award or judgment provides for more than one payment is provided for

1in the award or judgment, orders shall be drawn
, the municipal clerk shall draw
2orders for payment
as the payments become due. No statute relating to the filing of
3claims against, and or the auditing, allowing, and payment of claims by
4municipalities shall apply, a municipality applies to the payment of an award or
5judgment under this section.
SB21,2840 6Section 2840. 102.22 (1) of the statutes is amended to read:
SB21,1124,237 102.22 (1) If the employer or his or her insurer inexcusably delays in making
8the first payment that is due an injured employee for more than 30 days after the day
9date on which the employee leaves work as a result of an injury and if the amount
10due is $500 or more, the payments as to which the delay is found shall be increased
11by 10% 10 percent. If the employer or his or her insurer inexcusably delays in making
12the first payment that is due an injured employee for more than 14 days after the day
13date on which the employee leaves work as a result of an injury, the payments as to
14which the delay is found may be increased by 10% 10 percent. If the employer or his
15or her insurer inexcusably delays for any length of time in making any other payment
16that is due an injured employee, the payments as to which the delay is found may
17be increased by 10%. Where 10 percent. If the delay is chargeable to the employer
18and not to the insurer, s. 102.62 shall apply applies and the relative liability of the
19parties shall be fixed and discharged as therein provided in that section. The
20department division may also order the employer or insurance carrier to reimburse
21the employee for any finance charges, collection charges, or interest which that the
22employee paid as a result of the inexcusable delay by the employer or insurance
23carrier.
SB21,2841 24Section 2841. 102.22 (2) of the statutes is amended to read:
SB21,1125,9
1102.22 (2) If the sum ordered by the department any sum that the division
2orders
to be paid is not paid when due, that sum shall bear interest at the rate of 10%
310 percent per year. The state is liable for such interest on awards issued against
4it under this chapter. The department division has jurisdiction to issue an award for
5payment of such interest under this subsection at any time within one year of after
6the date of its order, or upon appeal , if the order is appealed, within one year after
7final court determination. Such interest Interest awarded under this subsection
8becomes due from the date the examiner's order becomes final or from the date of a
9decision by the labor and industry review commission, whichever is later.
SB21,2842 10Section 2842. 102.23 (1) (a) of the statutes is amended to read:
SB21,1126,311 102.23 (1) (a) The findings of fact made by the commission acting within its
12powers shall, in the absence of fraud, be conclusive. The order or award granting or
13denying compensation, either interlocutory or final, whether judgment has been
14rendered on it the order or award or not, is subject to review only as provided in this
15section and not under ch. 227 or s. 801.02. Within 30 days after the date of an order
16or award made by the commission either originally or after the filing of a petition for
17review with the department division under s. 102.18 any party aggrieved thereby by
18the order or award
may by serving a complaint as provided in par. (b) and filing the
19summons and complaint with the clerk of the circuit court commence, in circuit court,
20an action against the commission for the review of the order or award, in which action
21the adverse party shall also be made a defendant. If the circuit court is satisfied that
22a party in interest has been prejudiced because of an exceptional delay in the receipt
23of a copy of any finding or order, it the circuit court may extend the time in which an
24action may be commenced by an additional 30 days. The proceedings shall be in the
25circuit court of the county where the plaintiff resides, except that if the plaintiff is

1a state agency, the proceedings shall be in the circuit court of the county where the
2defendant resides. The proceedings may be brought in any circuit court if all parties
3stipulate and that court agrees.
SB21,2843 4Section 2843. 102.23 (1) (b) of the statutes is amended to read:
SB21,1126,125 102.23 (1) (b) In such an action for review of an order or award a complaint shall
6be served with an authenticated copy of the summons. The complaint need not be
7verified, but shall state the grounds upon which a review is sought. Service upon a
8commissioner or member of the commission or an agent authorized by the
9commission to accept service constitutes complete service on all parties, but there
10shall be left with the person so served as many copies of the summons and complaint
11as there are defendants, and the commission shall electronically deliver or mail one
12copy to each other defendant.
SB21,2844 13Section 2844. 102.23 (2) of the statutes is amended to read:
SB21,1126,1714 102.23 (2) Upon the trial of any such an action for review of an order or award
15the court shall disregard any irregularity or error of the commission or the
16department division unless it is made to affirmatively appear that the plaintiff was
17damaged thereby by that irregularity or error.
SB21,2845 18Section 2845. 102.23 (3) of the statutes is amended to read:
SB21,1126,2219 102.23 (3) The record in any case shall be transmitted to the department
20division within 5 days after expiration of the time for appeal from the order or
21judgment of the court, unless an appeal shall be is taken from such that order or
22judgment.
SB21,2846 23Section 2846. 102.23 (5) of the statutes is amended to read:
SB21,1127,324 102.23 (5) When an action for review involves only the question of liability as
25between the employer and one or more insurance companies or as between several

1insurance companies, a party that has been ordered by the department division, the
2commission, or a court to pay compensation is not relieved from paying compensation
3as ordered.
SB21,2847 4Section 2847. 102.24 (2) of the statutes is amended to read:
SB21,1127,135 102.24 (2) After the commencement of an action to review any order or award
6of the commission, the parties may have the record remanded by the court for such
7time and under such condition as they the parties may provide, for the purpose of
8having the department division act upon the question of approving or disapproving
9any settlement or compromise that the parties may desire to have so approved. If
10approved, the action shall be at an end and judgment may be entered upon the
11approval as upon an award. If not approved, the division shall immediately return
12the record shall forthwith be returned to the circuit court and the action shall proceed
13as if no remand had been made.
SB21,2848 14Section 2848. 102.25 (1) of the statutes is amended to read:
SB21,1127,2515 102.25 (1) Any party aggrieved by a judgment entered upon the review of any
16order or award may appeal therefrom the judgment within the time period specified
17in s. 808.04 (1). A trial court shall may not require the commission or any party to
18the action to execute, serve, or file an undertaking under s. 808.07 or to serve, or
19secure approval of, a transcript of the notes of the stenographic reporter or the tape
20of the recording machine. The state is a party aggrieved under this subsection if a
21judgment is entered upon the review confirming any order or award against it the
22state
. At any time before the case is set down for hearing in the court of appeals or
23the supreme court, the parties may have the record remanded by the court to the
24department division in the same manner and for the same purposes as provided for
25remanding from the circuit court to the department division under s. 102.24 (2).
SB21,2849
1Section 2849. 102.26 (2) of the statutes is amended to read:
SB21,1128,142 102.26 (2) Unless previously authorized by the department division, no fee may
3be charged or received for the enforcement or collection of any claim for
4compensation, nor may any contract for that enforcement or collection be enforceable
5when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that
6enforcement or collection, exceeds 20 percent of the amount at which that the claim
7is compromised or of the amount awarded, adjudged, or collected, except that in cases
8of admitted liability in which there is no dispute as to the amount of compensation
9due and in which no hearing or appeal is necessary, the fee charged may not exceed
1010 percent, but not to exceed $250, of the amount at which that the claim is
11compromised or of the amount awarded, adjudged, or collected. The limitation as to
12fees shall apply to the combined charges of attorneys, solicitors, representatives, and
13adjusters who knowingly combine their efforts toward the enforcement or collection
14of any compensation claim.
SB21,2850 15Section 2850. 102.26 (3) (b) 1. of the statutes is amended to read:
SB21,1128,1916 102.26 (3) (b) 1. The department may Subject to sub. (2), upon application of
17any interested party and subject to sub. (2), the division may fix the fee of the
18claimant's attorney or representative and provide in the award for that fee to be paid
19directly to the attorney or representative.
SB21,2851 20Section 2851. 102.26 (3) (b) 3. of the statutes is amended to read:
SB21,1129,321 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer
22to pay any compensation that is due the claimant by depositing the payment directly
23into an account maintained by the claimant at a financial institution. If the insurer
24or self-insured employer agrees to the request, the insurer or self-insured employer
25may deposit the payment by direct deposit, electronic funds transfer, or any other

1money transfer technique approved by the department division. The claimant may
2revoke a request under this subdivision at any time by providing appropriate written
3notice to the insurer or self-insured employer.
SB21,2852 4Section 2852. 102.26 (4) of the statutes is amended to read:
SB21,1129,115 102.26 (4) The charging or receiving of Any attorney or other person who
6charges or receives
any fee in violation of this section shall be unlawful, and the
7attorney or other person guilty thereof shall
may be required to forfeit double the
8amount retained by the attorney or other person, the same to which forfeiture shall
9be collected by the state in an action in debt, upon complaint of the department
10division. Out of the sum recovered the court shall direct payment to the injured party
11of the amount of the overcharge.
SB21,2853 12Section 2853. 102.27 (2) (b) of the statutes is amended to read:
SB21,1129,2413 102.27 (2) (b) If a governmental unit provides public assistance under ch. 49
14to pay medical costs or living expenses related to a claim under this chapter and if
15the governmental unit has given the parties to the claim written notice stating that
16the governmental unit provided the assistance and the cost of that assistance
, the
17employer or insurance carrier owing compensation shall reimburse that
18governmental unit any compensation awarded or paid if the governmental unit has
19given the parties to the claim written notice stating that it provided the assistance
20and the cost of the assistance provided. Reimbursement shall equal the lesser of
21either
for the amount of assistance the governmental unit provided or two-thirds of
22the amount of the award or payment remaining after deduction of attorney fees and
23any other fees or costs chargeable under ch. 102, whichever is less. The department
24office shall comply with this paragraph when making payments under s. 102.81.
SB21,2854 25Section 2854. 102.28 (2) (a) of the statutes is amended to read:
SB21,1130,10
1102.28 (2) (a) Duty to insure payment for compensation. Unless exempted by
2the department office under par. (b) or sub. (3), every employer, as described in s.
3102.04 (1), shall insure payment for that compensation in an insurer authorized to
4do business in this state. A joint venture may elect to be an employer under this
5chapter and obtain insurance for payment of compensation. If a joint venture that
6is subject to this chapter only because the joint venture elected to be an employer
7under this chapter is dissolved and cancels or terminates its contract for the
8insurance of compensation under this chapter, that joint venture is deemed
9considered to have effected withdrawal, which shall be effective on the day after the
10contract is canceled or terminated.
SB21,2855 11Section 2855. 102.28 (2) (b) of the statutes is amended to read:
SB21,1131,212 102.28 (2) (b) Exemption from duty to insure. The department office may grant
13a written order of exemption to an employer who shows its financial ability to pay
14the amount of compensation, agrees to report faithfully all compensable injuries, and
15agrees to comply with this chapter and the rules of the department office. The
16department office may condition the granting of an exemption upon the employer's
17furnishing of satisfactory security to guarantee payment of all claims under for
18compensation. The department office may require that bonds or other personal
19guarantees be enforceable against sureties in the same manner as an award may be
20enforced. The department office may from time to time require proof of financial
21ability of the employer to pay compensation. Any exemption shall be void if the
22application for it contains a financial statement which that is false in any material
23respect. An employer who files an application containing a false financial statement
24remains subject to par. (a). The department office may promulgate rules establishing
25an amount to be charged to an initial applicant for exemption under this paragraph

1and an annual amount to be charged to employers that have been exempted under
2this paragraph.
SB21,2856 3Section 2856. 102.28 (2) (c) of the statutes is amended to read:
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