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SB21,2891 18Section 2891. 102.315 (6) (a) of the statutes is amended to read:
SB21,1145,319 102.315 (6) (a) If a client notifies the department office as provided under par.
20(b) of its intent to have a divided workforce, an insurer may issue a worker's
21compensation insurance policy covering only the leased employees of the client. An
22insurer that issues a policy covering only the leased employees of a client is not liable
23under s. 102.03 for any compensation payable under this chapter to an employee of
24the client who is not a leased employee unless the insurer also issues a policy covering
25that employee. A client that has a divided workforce shall insure its employees who

1are not leased employees in the voluntary market and may not insure those
2employees under the mandatory risk-sharing plan under s. 619.01 unless the leased
3employees of the client are covered under that plan.
SB21,2892 4Section 2892. 102.315 (6) (b) (intro.) of the statutes is amended to read:
SB21,1145,75 102.315 (6) (b) (intro.) A client that intends to have a divided workforce shall
6notify the department office of that intent on a form prescribed by the department
7office that includes all of the following:
SB21,2893 8Section 2893. 102.315 (6) (b) 1. of the statutes is amended to read:
SB21,1145,129 102.315 (6) (b) 1. The names and mailing addresses of the client and the
10employee leasing company, the effective date of the employee leasing agreement, a
11description of the employees of the client who are not leased employees, and such
12other information as the department office may require.
SB21,2894 13Section 2894. 102.315 (6) (b) 3. of the statutes is amended to read:
SB21,1145,2014 102.315 (6) (b) 3. An agreement by the client to assume full responsibility to
15immediately pay all compensation and other payments payable under this chapter
16as may be required by the department office should a dispute arise between 2 or more
17insurers as to liability under this chapter for an injury sustained while a divided
18workforce plan is in effect, pending final resolution of that dispute. This subdivision
19does not preclude a client from insuring that responsibility in an insurer authorized
20to do business in this state.
SB21,2895 21Section 2895. 102.315 (6) (d) of the statutes is amended to read:
SB21,1145,2422 102.315 (6) (d) When the department office receives a notification under par.
23(b), the department office shall immediately provide a copy of the notification to the
24bureau.
SB21,2896 25Section 2896. 102.315 (6) (e) 1. of the statutes is amended to read:
SB21,1146,4
1102.315 (6) (e) 1. If a client intends to terminate a divided workforce plan, the
2client shall notify the department office of that intent on a form prescribed by the
3department office. Termination of a divided workforce plan by a client is not effective
4until 10 days after notice of the termination is received by the department office.
SB21,2897 5Section 2897. 102.315 (6) (e) 2. of the statutes is amended to read:
SB21,1146,136 102.315 (6) (e) 2. If an insurer cancels, terminates, or does not renew
7nonrenews a worker's compensation insurance policy issued under a divided
8workforce plan that covers in the voluntary market the employees of a client who are
9not leased employees, the divided workforce plan is terminated on the effective date
10of the cancellation, termination, or nonrenewal of the policy, unless the client
11submits evidence under par. (c) that both the leased employees of the client and the
12employees of the client who are not leased employees are covered under a mandatory
13risk-sharing plan.
SB21,2898 14Section 2898. 102.315 (6) (e) 3. of the statutes is amended to read:
SB21,1146,2015 102.315 (6) (e) 3. If an insurer cancels, terminates, or does not renew
16nonrenews a worker's compensation insurance policy issued under a divided
17workforce plan that covers under the mandatory risk-sharing plan under s. 619.01
18the employees of a client who are not leased employees, the divided workforce plan
19is terminated on the effective date of the cancellation, termination, or nonrenewal
20of the policy.
SB21,2899 21Section 2899. 102.315 (9) (a) of the statutes is amended to read:
SB21,1146,2522 102.315 (9) (a) An insurer that issues a policy under sub. (3), (4), or (5) (a) may
23charge a premium for coverage under that policy that complies with the applicable
24classifications, rules, rates, and rating plans filed with and approved by the
25commissioner of insurance under s. 626.13.
SB21,2900
1Section 2900. 102.315 (10) (a) 2. of the statutes is amended to read:
SB21,1147,72 102.315 (10) (a) 2. The insureds under a policy described in subd. 1. may cancel
3the policy during the policy period if both the employee leasing company and the
4client agree to the cancellation, the cancellation is confirmed by the employee leasing
5company promptly providing written confirmation of the cancellation to the client or
6by the client agreeing to the cancellation in writing, and the insurer provides written
7notice of the cancellation to the department office as required under s. 102.31 (2) (a).
SB21,2901 8Section 2901. 102.315 (10) (a) 3. of the statutes is amended to read:
SB21,1147,229 102.315 (10) (a) 3. Subject to subd. 4., an insurer may cancel, terminate, or
10nonrenew a policy described in subd. 1. by providing written notice of the
11cancellation, termination, or nonrenewal to the insured employee leasing company
12and to the department office as required under s. 102.31 (2) (a) and by providing that
13notice to the insured client. The insurer is not required to state in the notice to the
14insured client the facts on which the decision to cancel, terminate, or nonrenew the
15policy is based. Except as provided in s. 102.31 (2) (b), cancellation or termination
16of a policy under this subdivision for any reason other than nonrenewal is not
17effective until 30 days after the insurer has provided written notice of the
18cancellation or termination to the insured employee leasing company, the insured
19client, and the department office. Except as provided in s. 102.31 (2) (b), nonrenewal
20of a policy under this subdivision is not effective until 60 days after the insurer has
21provided written notice of the cancellation or termination to the insured employee
22leasing company, the insured client, and the department office.
SB21,2902 23Section 2902. 102.315 (10) (a) 4. of the statutes is amended to read:
SB21,1148,1024 102.315 (10) (a) 4. If an employee leasing company terminates an employee
25leasing agreement with a client in its entirety, an insurer may cancel or terminate

1a policy described in subd. 1. covering that client during the policy period by
2providing written notice of the cancellation or termination to the insured employee
3leasing company and the department office as required under s. 102.31 (2) (a) and
4by providing that notice to the insured client. The insurer shall state in the notice
5to the insured client that the policy is being cancelled or terminated due to the
6termination of the employee leasing agreement. Except as provided in s. 102.31 (2)
7(b), cancellation or termination of a policy under this subdivision is not effective until
830 days after the insurer has provided written notice of the cancellation or
9termination to the insured employee leasing company, the insured client, and the
10department office.
SB21,2903 11Section 2903. 102.315 (10) (b) 2. of the statutes is amended to read:
SB21,1148,1712 102.315 (10) (b) 2. The insureds under a policy described in subd. 1. may cancel
13the policy during the policy period if both the employee leasing company and the
14client agree to the cancellation, the cancellation is confirmed by the employee leasing
15company promptly providing written confirmation of the cancellation to the client or
16by the client agreeing to the cancellation in writing, and the insurer provides written
17notice of the cancellation to the department office as required under s. 102.31 (2) (a).
SB21,2904 18Section 2904. 102.315 (10) (b) 3. of the statutes is amended to read:
SB21,1149,619 102.315 (10) (b) 3. An insurer may cancel, terminate, or nonrenew a policy
20described in subd. 1., including cancellation or termination of a policy providing
21continued coverage under subd. 4., by providing written notice of the cancellation,
22termination, or nonrenewal to the insured employee leasing company and to the
23department office as required under s. 102.31 (2) (a) and by providing that notice to
24the insured client. Except as provided in s. 102.31 (2) (b), cancellation or termination
25of a policy under this subdivision for any reason other than nonrenewal is not

1effective until 30 days after the insurer has provided written notice of the
2cancellation or termination to the insured employee leasing company, the insured
3client, and the department office. Except as provided in s. 102.31 (2) (b), nonrenewal
4of a policy under this subdivision is not effective until 60 days after the insurer has
5provided written notice of the cancellation or termination to the insured employee
6leasing company, the insured client, and the department office.
SB21,2905 7Section 2905. 102.32 (1m) (intro.) of the statutes is amended to read:
SB21,1149,128 102.32 (1m) (intro.) In any case in which compensation payments for an injury
9have extended or will extend over 6 months or more after the date of the injury or in
10any case in which death benefits are payable, any party in interest may, in the
11discretion of the department office, be discharged from, or compelled to guarantee,
12future compensation payments by doing any of the following:
SB21,2906 13Section 2906. 102.32 (1m) (a) of the statutes is amended to read:
SB21,1149,1614 102.32 (1m) (a) Depositing the present value of the total unpaid compensation
15upon a 5 percent interest discount basis with a credit union, savings bank, savings
16and loan association, bank, or trust company designated by the department office.
SB21,2907 17Section 2907. 102.32 (1m) (c) of the statutes is amended to read:
SB21,1149,1918 102.32 (1m) (c) Making payment in gross upon a 5 percent interest discount
19basis to be approved by the department office.
SB21,2908 20Section 2908. 102.32 (1m) (d) of the statutes is amended to read:
SB21,1150,921 102.32 (1m) (d) In cases in which the time for making payments or the amounts
22of payments cannot be definitely determined, furnishing a bond, or other security,
23satisfactory to the department office for the payment of compensation as may be due
24or become due. The acceptance of the bond, or other security, and the form and
25sufficiency of the bond or other security, shall be subject to the approval of the

1department office. If the employer or insurer is unable or fails to immediately
2procure the bond, then, the employer or insurer, in lieu of procuring the bond, shall
3deposit shall be made with a credit union, savings bank, savings and loan
4association, bank, or trust company designated by the department, of office the
5maximum amount that may reasonably become payable in these those cases, to be
6determined by the department office at amounts consistent with the extent of the
7injuries and the law. The bonds and deposits are to may be reduced only to satisfy
8claims and may be withdrawn only after the claims which they are to guarantee are
9fully satisfied or liquidated under par. (a), (b), or (c).
SB21,2909 10Section 2909. 102.32 (5) of the statutes is amended to read:
SB21,1150,1811 102.32 (5) Any insured employer may, within in the discretion of the
12department office, compel the insurer to discharge, or to guarantee payment of, the
13employer's liabilities in any case described in sub. (1m) and thereby by that discharge
14or guarantee
release the employer from compensation liability for compensation in
15that case, but except that if for any reason a bond furnished or deposit made under
16sub. (1m) (d) does not fully protect the beneficiary of the bond or deposit, the
17compensation insurer or insured employer, as the case may be, shall still be liable
18to the that beneficiary of the bond or deposit.
SB21,2910 19Section 2910. 102.32 (6) (b) of the statutes is amended to read:
SB21,1151,220 102.32 (6) (b) Subject to par. (d), if the employer or the employer's insurer
21concedes liability for an injury that results in permanent disability and if the extent
22of the permanent disability can be determined based on a minimum permanent
23disability rating promulgated by the department office by rule, compensation for
24permanent disability shall begin within 30 days after the end of the employee's

1healing period or the date on which compensation for temporary disability ends due
2to the employee's return to work, whichever is earlier.
SB21,2911 3Section 2911. 102.32 (6) (d) of the statutes is amended to read:
SB21,1151,74 102.32 (6) (d) The department office shall promulgate rules for determining
5when compensation for permanent disability shall begin in cases in which the
6employer or the employer's insurer concedes liability, but disputes the extent of
7permanent disability.
SB21,2912 8Section 2912. 102.32 (6) (e) of the statutes is amended to read:
SB21,1151,139 102.32 (6) (e) Payments for permanent disability, including payments based on
10minimum permanent disability ratings promulgated by the department office by
11rule, shall continue on a monthly basis and shall accrue and be payable between
12intermittent periods of temporary disability so long as the employer or insurer knows
13the nature of the permanent disability.
SB21,2913 14Section 2913. 102.32 (6m) of the statutes is amended to read:
SB21,1151,2115 102.32 (6m) The department office may direct an advance on a payment of
16unaccrued compensation for permanent disability or death benefits if the
17department office determines that the advance payment is in the best interest of the
18injured employee or the employee's dependents. In directing the advance, the
19department office shall give the employer or the employer's insurer an interest credit
20against its liability. The credit shall be computed at 5 percent. An injured employee
21or dependent may receive no more than 3 advance payments per calendar year.
SB21,2914 22Section 2914. 102.32 (7) of the statutes is amended to read:
SB21,1152,223 102.32 (7) No lump sum settlement shall be allowed in any case of permanent
24total disability upon an estimated life expectancy, except upon consent of all parties,

1after hearing and finding by the department division that the interests of the injured
2employee will be conserved thereby by the lump sum settlement.
SB21,2915 3Section 2915. 102.33 (title) of the statutes is amended to read:
SB21,1152,4 4102.33 (title) Department forms Forms and records; public access.
SB21,2916 5Section 2916. 102.33 (1) of the statutes is amended to read:
SB21,1152,106 102.33 (1) The department office and the division shall print and furnish free
7to any employer or employee any blank forms that the department considers are
8necessary to facilitate efficient administration of this chapter. The department office
9and the division
shall keep any record books or records that the department
10considers
are necessary for the proper and efficient administration of this chapter.
SB21,2917 11Section 2917. 102.33 (2) (a) of the statutes is amended to read:
SB21,1152,1512 102.33 (2) (a) Except as provided in pars. (b) and (c), the records of the
13department, and
the records of the commission, the office, and the division related
14to the administration of this chapter are subject to inspection and copying under s.
1519.35 (1).
SB21,2918 16Section 2918. 102.33 (2) (b) (intro.) of the statutes is amended to read:
SB21,1153,417 102.33 (2) (b) (intro.) Except as provided in this paragraph and par. (d), a record
18maintained by the department or by the commission , by the office, or by the division
19that reveals the identity of an employee who claims worker's compensation benefits,
20the nature of the employee's claimed injury, the employee's past or present medical
21condition, the extent of the employee's disability, or the amount, type, or duration of
22benefits paid to the employee and a record maintained by the department office that
23reveals any financial information provided to the department office by a self-insured
24employer or by an applicant for exemption under s. 102.28 (2) (b) are confidential and
25not open to public inspection or copying under s. 19.35 (1). The department or

1commission, the office, or the division may deny a request made under s. 19.35 (1)
2or, subject to s. 102.17 (2m) and (2s), refuse to honor a subpoena issued by an attorney
3of record in a civil or criminal action or special proceeding to inspect and copy a record
4that is confidential under this paragraph, unless one any of the following applies:
SB21,2919 5Section 2919. 102.33 (2) (b) 1. of the statutes is amended to read:
SB21,1153,106 102.33 (2) (b) 1. The requester is the employee who is the subject of the record
7or an attorney or authorized agent of that employee. An attorney or authorized agent
8of an employee who is the subject of a record shall provide a written authorization
9for inspection and copying from the employee if requested by the department or the
10commission, the office, or the division.
SB21,2920 11Section 2920. 102.33 (2) (b) 2. of the statutes is amended to read:
SB21,1153,2412 102.33 (2) (b) 2. The record that is requested contains confidential information
13concerning a worker's compensation claim and the requester is an insurance carrier
14or employer that is a party to any worker's compensation claim involving the same
15employee or an attorney or authorized agent of that insurance carrier or employer,
16except that the department or the commission, the office, or the division is not
17required to do a random search of its records and may require the requester to
18provide the approximate date of the injury and any other relevant information that
19would assist the department or the commission, the office, or the division in finding
20the record requested. An attorney or authorized agent of an insurance carrier or
21employer that is a party to an employee's worker's compensation claim shall provide
22a written authorization for inspection and copying from the insurance carrier or
23employer if requested by the department or the commission, the office, or the
24division
.
SB21,2921 25Section 2921. 102.33 (2) (b) 3. of the statutes is amended to read:
SB21,1154,8
1102.33 (2) (b) 3. The record that is requested contains financial information
2provided by a self-insured employer or by an applicant for exemption under s. 102.28
3(2) (b) and the requester is the self-insured employer or applicant for exemption or
4an attorney or authorized agent of the self-insured employer or applicant for
5exemption. An attorney or authorized agent of the self-insured employer or of the
6applicant for exemption shall provide a written authorization for inspection and
7copying from the self-insured employer or applicant for exemption if requested by
8the department office.
SB21,2922 9Section 2922. 102.33 (2) (b) 4. of the statutes is amended to read:
SB21,1154,1110 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the
11department or the commission, the office, or the division to release the record.
SB21,2923 12Section 2923. 102.33 (2) (c) of the statutes is amended to read:
SB21,1154,1813 102.33 (2) (c) A record maintained by the department or the commission, the
14office, or the division
that contains employer or insurer information obtained from
15the Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is
16confidential and not open to public inspection or copying under s. 19.35 (1) unless the
17Wisconsin compensation rating bureau authorizes public inspection or copying of
18that information.
SB21,2924 19Section 2924. 102.33 (2) (d) 2. of the statutes is amended to read:
SB21,1155,1120 102.33 (2) (d) 2. The department or the commission, the office, or the division
21may release information that is confidential under par. (b) to a government unit, an
22institution of higher education, or a nonprofit research organization for purposes of
23research and may release information that is confidential under par. (c) to those
24persons for that purpose if the Wisconsin compensation rating bureau authorizes
25that release. A government unit, institution of higher education, or nonprofit

1research organization may not permit inspection or disclosure of any information
2released to it under this subdivision that is confidential under par. (b) unless the
3department or commission, the office, or the division authorizes that inspection or
4disclosure and may not permit inspection or disclosure of any information released
5to it under this subdivision that is confidential under par. (c) unless the department
6or
commission, the office, or the division, and the Wisconsin compensation rating
7bureau, authorize the inspection or disclosure. A government unit, institution of
8higher education, or nonprofit research organization that obtains any confidential
9information under this subdivision for purposes of research shall provide the results
10of that research free of charge to the person that released or authorized the release
11of that information.
SB21,2925 12Section 2925. 102.35 (1) of the statutes is amended to read:
SB21,1156,213 102.35 (1) Every employer and every insurance company that fails to keep the
14records or to make the reports required by this chapter or that knowingly falsifies
15such those records or makes false reports shall pay a work injury supplemental
16benefit surcharge to the state of not less than $10 nor more than $100 for each
17offense. The department office may waive or reduce a surcharge imposed under this
18subsection if the employer or insurance company that violated this subsection
19requests a waiver or reduction of the surcharge within 45 days after the date on
20which notice of the surcharge is mailed to the employer or insurance company and
21shows that the violation was due to mistake or an absence of information. A
22surcharge imposed under this subsection is due within 30 days after the date on
23which notice of the surcharge is mailed to the employer or insurance company.
24Interest shall accrue on amounts that are not paid when due at the rate of 1 percent

1per month. All surcharges and interest payments received under this subsection
2shall be deposited in the fund established under s. 102.65.
SB21,2926 3Section 2926. 102.35 (2) of the statutes is amended to read:
SB21,1156,114 102.35 (2) Any employer, or duly authorized agent thereof of an employer, who,
5without reasonable cause, refuses to rehire an employee injured in the course of
6employment, or who, because of a claim or attempt to claim compensation benefits
7from such that employer, discriminates or threatens to discriminate against an
8employee as to the employee's employment, shall forfeit to the state not less than $50
9nor more than $500
be subject to a forfeiture under s. 601.64 (3) (c) for each offense.
10No action under this subsection may be commenced except upon request of the
11department office.
SB21,2927 12Section 2927. 102.35 (3) of the statutes is amended to read:
SB21,1156,2213 102.35 (3) Any employer who without reasonable cause refuses to rehire an
14employee who is injured in the course of employment, where when suitable
15employment is available within the employee's physical and mental limitations,
16upon order of the department and in addition to other benefits division, has exclusive
17liability to pay to the employee, in addition to other benefits, the wages lost during
18the period of such that refusal, not exceeding one year's wages. In determining the
19availability of suitable employment, the continuance in business of the employer
20shall be considered and any written rules promulgated by the employer with respect
21to seniority or the provisions of any collective bargaining agreement with respect to
22seniority shall govern.
SB21,2928 23Section 2928. 102.37 of the statutes is amended to read:
SB21,1157,8 24102.37 Employers' records. Every employer of 3 or more persons and every
25employer who is subject to this chapter shall keep a record of all accidents causing

1death or disability of any employee while performing services growing out of and
2incidental to the employment. This That record shall give the name, address, age,
3and wages of the deceased or injured employee, the time and causes of the accident,
4the nature and extent of the injury, and any other information the department office
5may require by rule or general order. Reports based upon this that record shall be
6furnished to the department office at such times and in such manner as the
7department office may require by rule or general order, in a format approved by the
8department office.
SB21,2929 9Section 2929. 102.38 of the statutes is amended to read:
SB21,1157,16 10102.38 Records and reports of payments. Every insurance company that
11transacts the business of compensation insurance, and every employer who is subject
12to this chapter, but whose liability is not insured, shall keep a record of all payments
13made under this chapter and of the time and manner of making the payments and
14shall furnish reports based upon these records and any other information to the
15department office as the department office may require by rule or general order, in
16a format approved by the department office.
SB21,2930 17Section 2930. 102.39 of the statutes is amended to read:
SB21,1157,23 18102.39 Rules and general orders; application of statutes. The provisions
19of s. 103.005 relating to the adoption, publication, modification, and court review of
20rules or general orders of the department shall of workforce development apply to all
21rules promulgated or general orders adopted by the office under this chapter in the
22same manner as those provisions apply to rules promulgated or general orders
23adopted by the department of workforce development
.
SB21,2931 24Section 2931. 102.40 of the statutes is amended to read:
SB21,1158,4
1102.40 Reports not evidence in actions. Reports furnished to the
2department pursuant to office under ss. 102.37 and 102.38 shall not be are not
3admissible as evidence in any action or proceeding arising out of the death or accident
4reported.
SB21,2932 5Section 2932. 102.42 (1m) of the statutes is amended to read:
SB21,1158,156 102.42 (1m) Liability for unnecessary treatment. If an employee who has
7sustained a compensable injury undertakes in good faith invasive treatment that is
8generally medically acceptable, but that is unnecessary, the employer shall pay
9disability indemnity for all disability incurred as a result of that treatment. An
10employer is not liable for disability indemnity for any disability incurred as a result
11of any unnecessary treatment undertaken in good faith that is noninvasive or not
12medically acceptable. This subsection applies to all findings that an employee has
13sustained a compensable injury, whether the finding results from a hearing, the
14default of a party, or a compromise or stipulation confirmed by the department
15division.
SB21,2933 16Section 2933. 102.42 (6) of the statutes is amended to read:
SB21,1159,317 102.42 (6) Treatment rejected by employee. Unless the employee shall have
18has elected Christian Science treatment in lieu of medical, surgical, dental, or
19hospital treatment, no compensation shall be payable for the death or disability of
20an employee, if the death be is caused, or insofar as the disability may be aggravated,
21caused, or continued, by an unreasonable refusal or neglect to submit to or follow any
22competent and reasonable medical, surgical, or dental treatment or, in the case of
23tuberculosis, by refusal or neglect to submit to or follow hospital or medical
24treatment when found by the department division to be necessary. The right to
25compensation accruing during a period of refusal or neglect to submit to or follow

1hospital or medical treatment when found by the department division to be
2necessary in the case of tuberculosis shall be barred, irrespective of whether
3disability was aggravated, caused, or continued thereby by that refusal or neglect.
SB21,2934 4Section 2934. 102.42 (8) of the statutes is amended to read:
SB21,1159,135 102.42 (8) Award to state employee. Whenever the division makes an award
6is made by the department in on behalf of a state employee, the department of
7workforce development
division shall file duplicate copies of the award with the
8subunit of the
the department of administration responsible for risk management.
9Upon receipt of the copies of the award, the department of administration shall
10promptly issue a voucher in payment of the award from the proper appropriation
11under s. 20.865 (1) (fm), (kr), or (ur), and shall transmit one copy of the voucher and
12the award to the officer, department, or agency by whom the affected employee is
13employed.
SB21,2935 14Section 2935. 102.42 (9) (a) of the statutes is amended to read:
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