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SB59,701,124 102.17 (1) (a) 4. The hearing may be adjourned in the discretion of the division
5department, and hearings may be held at such places as the division department
6designates, within or without the state. The division department may also arrange
7to have hearings held by the commission, officer, or tribunal having authority to hear
8cases arising under the worker's compensation law of any other state, of the District
9of Columbia, or of any territory of the United States, with the testimony and
10proceedings at any such hearing to be reported to the division department and to be
11made part of the record in the case. Any evidence so taken shall be subject to rebuttal
12upon final hearing before the division department.
SB59,1139 13Section 1139. 102.17 (1) (b) of the statutes is amended to read:
SB59,702,214 102.17 (1) (b) In any dispute or controversy pending before the division
15department, the division department may direct the parties to appear before an
16examiner for a conference to consider the clarification of issues, the joining of
17additional parties, the necessity or desirability of amendments to the pleadings, the
18obtaining of admissions of fact or of documents, records, reports, and bills that may
19avoid unnecessary proof, and such other matters as may aid in disposition of the
20dispute or controversy. After that conference the division department may issue an
21order requiring disclosure or exchange of any information or written material that
22the division department considers material to the timely and orderly disposition of
23the dispute or controversy. If a party fails to disclose or exchange that information
24within the time stated in the order, the division department may issue an order
25dismissing the claim without prejudice or excluding evidence or testimony relating

1to the information or written material. The division department shall provide each
2party with a copy of any order issued under this paragraph.
SB59,1140 3Section 1140. 102.17 (1) (c) 1. of the statutes is amended to read:
SB59,702,174 102.17 (1) (c) 1. Any party shall have the right to be present at any hearing,
5in person or by attorney or any other agent, and to present such testimony as may
6be pertinent to the controversy before the division department. No person, firm, or
7corporation, other than an attorney at law who is licensed to practice law in the state,
8may appear on behalf of any party in interest before the division department or any
9member or employee of the division department assigned to conduct any hearing,
10investigation, or inquiry relative to a claim for compensation or benefits under this
11chapter, unless the person is 18 years of age or older, does not have an arrest or
12conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified,
13and has obtained from the department a license with authorization to appear in
14matters or proceedings before the division department. Except as provided under
15pars. (cm), (cr), and (ct), the license shall be issued by the department under rules
16promulgated by the department. The department shall maintain in its office a
17current list of persons to whom licenses have been issued.
SB59,1141 18Section 1141. 102.17 (1) (d) 1. of the statutes is amended to read:
SB59,703,1319 102.17 (1) (d) 1. The contents of certified medical and surgical reports by
20physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
21advanced practice nurse prescribers, and chiropractors licensed in and practicing in
22this state, and of certified reports by experts concerning loss of earning capacity
23under s. 102.44 (2) and (3), presented by a party for compensation constitute prima
24facie evidence as to the matter contained in those reports, subject to any rules and
25limitations the division department prescribes. Certified reports of physicians,

1podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
2practice nurse prescribers, and chiropractors, wherever licensed and practicing, who
3have examined or treated the claimant, and of experts, if the practitioner or expert
4consents to being subjected to cross-examination, also constitute prima facie
5evidence as to the matter contained in those reports. Certified reports of physicians,
6podiatrists, surgeons, psychologists, and chiropractors are admissible as evidence of
7the diagnosis, necessity of the treatment, and cause and extent of the disability.
8Certified reports by doctors of dentistry, physician assistants, and advanced practice
9nurse prescribers are admissible as evidence of the diagnosis and necessity of
10treatment but not of the cause and extent of disability. Any physician, podiatrist,
11surgeon, dentist, psychologist, chiropractor, physician assistant, advanced practice
12nurse prescriber, or expert who knowingly makes a false statement of fact or opinion
13in a certified report may be fined or imprisoned, or both, under s. 943.395.
SB59,1142 14Section 1142. 102.17 (1) (d) 2. of the statutes is amended to read:
SB59,703,2215 102.17 (1) (d) 2. The record of a hospital or sanatorium in this state that is
16satisfactory to the division department, established by certificate, affidavit, or
17testimony of the supervising officer of the hospital or sanatorium, any other person
18having charge of the record, or a physician, podiatrist, surgeon, dentist, psychologist,
19physician assistant, advanced practice nurse prescriber, or chiropractor to be the
20record of the patient in question, and made in the regular course of examination or
21treatment of the patient, constitutes prima facie evidence as to the matter contained
22in the record, to the extent that the record is otherwise competent and relevant.
SB59,1143 23Section 1143. 102.17 (1) (d) 3. of the statutes is amended to read:
SB59,704,624 102.17 (1) (d) 3. The division department may, by rule, establish the
25qualifications of and the form used for certified reports submitted by experts who

1provide information concerning loss of earning capacity under s. 102.44 (2) and (3).
2The division department may not admit into evidence a certified report of a
3practitioner or other expert or a record of a hospital or sanatorium that was not filed
4with the division department and all parties in interest at least 15 days before the
5date of the hearing, unless the division department is satisfied that there is good
6cause for the failure to file the report.
SB59,1144 7Section 1144. 102.17 (1) (d) 4. of the statutes is amended to read:
SB59,704,108 102.17 (1) (d) 4. A report or record described in subd. 1., 2., or 3. that is admitted
9or received into evidence by the division department constitutes substantial
10evidence under s. 102.23 (6) as to the matter contained in the report or record.
SB59,1145 11Section 1145. 102.17 (1) (e) of the statutes is amended to read:
SB59,704,2012 102.17 (1) (e) The division department may, with or without notice to any party,
13cause testimony to be taken, an inspection of the premises where the injury occurred
14to be made, or the time books and payrolls of the employer to be examined by any
15examiner, and may direct any employee claiming compensation to be examined by
16a physician, chiropractor, psychologist, dentist, or podiatrist. The testimony so
17taken, and the results of any such inspection or examination, shall be reported to the
18division department for its consideration upon final hearing. All ex parte testimony
19taken by the division department shall be reduced to writing, and any party shall
20have opportunity to rebut that testimony on final hearing.
SB59,1146 21Section 1146. 102.17 (1) (f) 1. of the statutes is amended to read:
SB59,704,2222 102.17 (1) (f) 1. Beyond reach of the subpoena of the division department.
SB59,1147 23Section 1147. 102.17 (1) (g) of the statutes is amended to read:
SB59,705,1124 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a
25dispute or creates a doubt as to the extent or cause of disability or death, the division

1department may direct that the injured employee be examined, that an autopsy be
2performed, or that an opinion be obtained without examination or autopsy, by or from
3an impartial, competent physician, chiropractor, dentist, psychologist or podiatrist
4designated by the division department who is not under contract with or regularly
5employed by a compensation insurance carrier or self-insured employer. The
6expense of the examination, autopsy, or opinion shall be paid by the employer or, if
7the employee claims compensation under s. 102.81, from the uninsured employers
8fund. The report of the examination, autopsy, or opinion shall be transmitted in
9writing to the division department and a copy of the report shall be furnished by the
10division department to each party, who shall have an opportunity to rebut the report
11on further hearing.
SB59,1148 12Section 1148. 102.17 (1) (h) of the statutes is amended to read:
SB59,705,2013 102.17 (1) (h) The contents of certified reports of investigation made by
14industrial safety specialists who are employed, contracted, or otherwise secured by
15the department or the division and who are available for cross-examination, if
16served upon the parties 15 days prior to hearing, shall constitute prima facie
17evidence as to matter contained in those reports. A report described in this
18paragraph that is admitted or received into evidence by the division department
19constitutes substantial evidence under s. 102.23 (6) as to the matter contained in the
20report.
SB59,1149 21Section 1149. 102.17 (2) of the statutes is amended to read:
SB59,706,522 102.17 (2) If the division department has reason to believe that the payment
23of compensation has not been made, the division department may on its own motion
24give notice to the parties, in the manner provided for the service of an application,
25of a time and place when a hearing will be held for the purpose of determining the

1facts. The notice shall contain a statement of the matter to be considered. All
2provisions of this chapter governing proceedings on an application shall apply,
3insofar as applicable, to a proceeding under this subsection. When the division
4department schedules a hearing on its own motion, the division department does not
5become a party in interest and is not required to appear at the hearing.
SB59,1150 6Section 1150. 102.17 (2m) of the statutes is amended to read:
SB59,706,127 102.17 (2m) The division or any Any party, including the department, may
8require any person to produce books, papers, and records at the hearing by personal
9service of a subpoena upon the person along with a tender of witness fees as provided
10in ss. 814.67 and 885.06. Except as provided in sub. (2s), the subpoena shall be on
11a form provided by the division department and shall give the name and address of
12the party requesting the subpoena.
SB59,1151 13Section 1151. 102.17 (2s) of the statutes is amended to read:
SB59,706,1914 102.17 (2s) A party's attorney of record may issue a subpoena to compel the
15attendance of a witness or the production of evidence. A subpoena issued by an
16attorney must be in substantially the same form as provided in s. 805.07 (4) and must
17be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of
18issuance, send a copy of the subpoena to the hearing examiner or other
19representative of the division department responsible for conducting the proceeding.
SB59,1152 20Section 1152. 102.17 (7) (b) of the statutes is amended to read:
SB59,707,721 102.17 (7) (b) Except as provided in par. (c), the division department shall
22exclude from evidence testimony or certified reports from expert witnesses under
23par. (a) offered by the party that raises the issue of loss of earning capacity if that
24party failed to notify the division department and the other parties of interest, at
25least 60 days before the date of the hearing, of the party's intent to provide the

1testimony or reports and of the names of the expert witnesses involved. Except as
2provided in par. (c), the division department shall exclude from evidence testimony
3or certified reports from expert witnesses under par. (a) offered by a party of interest
4in response to the party that raises the issue of loss of earning capacity if the
5responding party failed to notify the division department and the other parties of
6interest, at least 45 days before the date of the hearing, of the party's intent to provide
7the testimony or reports and of the names of the expert witnesses involved.
SB59,1153 8Section 1153. 102.17 (7) (c) of the statutes is amended to read:
SB59,707,139 102.17 (7) (c) Notwithstanding the notice deadlines provided in par. (b), the
10division department may receive in evidence testimony or certified reports from
11expert witnesses under par. (a) when the applicable notice deadline under par. (b) is
12not met if good cause is shown for the delay in providing the notice required under
13par. (b) and if no party is prejudiced by the delay.
SB59,1154 14Section 1154. 102.17 (8) of the statutes is amended to read:
SB59,708,315 102.17 (8) Unless otherwise agreed to by all parties, an injured employee shall
16file with the division department and serve on all parties at least 15 days before the
17date of the hearing an itemized statement of all medical expenses and incidental
18compensation under s. 102.42 claimed by the injured employee. The itemized
19statement shall include, if applicable, information relating to any travel expenses
20incurred by the injured employee in obtaining treatment including the injured
21employee's destination, number of trips, round trip mileage, and meal and lodging
22expenses. The division department may not admit into evidence any information
23relating to medical expenses and incidental compensation under s. 102.42 claimed
24by an injured employee if the injured employee failed to file with the division
25department and serve on all parties at least 15 days before the date of the hearing

1an itemized statement of the medical expenses and incidental compensation under
2s. 102.42 claimed by the injured employee, unless the division department is satisfied
3that there is good cause for the failure to file and serve the itemized statement.
SB59,1155 4Section 1155. 102.175 (2) of the statutes is amended to read:
SB59,708,125 102.175 (2) If after a hearing or a prehearing conference the division
6department determines that an injured employee is entitled to compensation but
7that there remains in dispute only the issue of which of 2 or more parties is liable for
8that compensation, the division department may order one or more parties to pay
9compensation in an amount, time, and manner as determined by the division
10department. If the division department later determines that another party is liable
11for compensation, the division department shall order that other party to reimburse
12any party that was ordered to pay compensation under this subsection.
SB59,1156 13Section 1156. 102.175 (3) (c) of the statutes is amended to read:
SB59,708,1814 102.175 (3) (c) Upon request of the department, the division, the employer, or
15the employer's worker's compensation insurer, an injured employee who claims
16compensation for an injury causing permanent disability shall disclose all previous
17findings of permanent disability or other impairments that are relevant to that
18injury.
SB59,1157 19Section 1157. 102.18 (1) (b) 1. of the statutes is amended to read:
SB59,709,220 102.18 (1) (b) 1. Within 90 days after the final hearing and close of the record,
21the division department shall make and file its findings upon the ultimate facts
22involved in the controversy, and its order, which shall state the division's
23department's determination as to the rights of the parties. Pending the final
24determination of any controversy before it, the division department, after any

1hearing, may, in its discretion, make interlocutory findings, orders, and awards,
2which may be enforced in the same manner as final awards.
SB59,1158 3Section 1158. 102.18 (1) (b) 2. of the statutes is amended to read:
SB59,709,94 102.18 (1) (b) 2. The division department may include in any interlocutory or
5final award or order an order directing the employer or insurer to pay for any future
6treatment that may be necessary to cure and relieve the employee from the effects
7of the injury or to pay for a future course of instruction or other rehabilitation
8training services provided under a rehabilitation training program developed under
9s. 102.61 (1) or (1m).
SB59,1159 10Section 1159. 102.18 (1) (b) 3. of the statutes is amended to read:
SB59,709,1511 102.18 (1) (b) 3. If the division department finds that the employer or insurer
12has not paid any amount that the employer or insurer was directed to pay in any
13interlocutory order or award and that the nonpayment was not in good faith, the
14division department may include in its final award a penalty not exceeding 25
15percent of each amount that was not paid as directed.
SB59,1160 16Section 1160. 102.18 (1) (bg) 1. of the statutes is amended to read:
SB59,709,2517 102.18 (1) (bg) 1. If the division department finds under par. (b) that an insurer
18or self-insured employer is liable under this chapter for any health services provided
19to an injured employee by a health service provider, but that the reasonableness of
20the fee charged by the health service provider is in dispute, the division department
21may include in its order under par. (b) a determination made by the department
22under s. 102.16 (2) as to the reasonableness of the fee or, if such a determination has
23not yet been made, the division department may notify, or direct the insurer or
24self-insured employer to notify, the health service provider under s. 102.16 (2) (b)
25that the reasonableness of the fee is in dispute.
SB59,1161
1Section 1161. 102.18 (1) (bg) 2. of the statutes is amended to read:
SB59,710,102 102.18 (1) (bg) 2. If the division department finds under par. (b) that an
3employer or insurance carrier is liable under this chapter for any treatment provided
4to an injured employee by a health service provider, but that the necessity of the
5treatment is in dispute, the division department may include in its order under par.
6(b) a determination made by the department under s. 102.16 (2m) as to the necessity
7of the treatment or, if such a determination has not yet been made, the division
8department may notify, or direct the employer or insurance carrier to notify, the
9health service provider under s. 102.16 (2m) (b) that the necessity of the treatment
10is in dispute.
SB59,1162 11Section 1162. 102.18 (1) (bg) 3. of the statutes is amended to read:
SB59,710,2212 102.18 (1) (bg) 3. If the division department finds under par. (b) that an insurer
13or self-insured employer is liable under this chapter for the cost of a prescription
14drug dispensed under s. 102.425 (2) for outpatient use by an injured employee, but
15that the reasonableness of the amount charged for that prescription drug is in
16dispute, the division department may include in its order under par. (b) a
17determination made by the department under s. 102.425 (4m) as to the
18reasonableness of the prescription drug charge or, if such a determination has not
19yet been made, the division department may notify, or direct the insurer or
20self-insured employer to notify, the pharmacist or practitioner dispensing the
21prescription drug under s. 102.425 (4m) (b) that the reasonableness of the
22prescription drug charge is in dispute.
SB59,1163 23Section 1163. 102.18 (1) (bp) of the statutes is amended to read:
SB59,711,1424 102.18 (1) (bp) If the division department determines that the employer or
25insurance carrier suspended, terminated, or failed to make payments or failed to

1report an injury as a result of malice or bad faith, the division department may
2include a penalty in an award to an employee for each event or occurrence of malice
3or bad faith. That penalty is the exclusive remedy against an employer or insurance
4carrier for malice or bad faith. If the penalty is imposed for an event or occurrence
5of malice or bad faith that causes a payment that is due an injured employee to be
6delayed in violation of s. 102.22 (1) or overdue in violation of s. 628.46 (1), the division
7department may not also order an increased payment under s. 102.22 (1) or the
8payment of interest under s. 628.46 (1). The division department may award an
9amount that the division department considers just, not to exceed the lesser of 200
10percent of total compensation due or $30,000 for each event or occurrence of malice
11or bad faith. The division department may assess the penalty against the employer,
12the insurance carrier, or both. Neither the employer nor the insurance carrier is
13liable to reimburse the other for the penalty amount. The division department may,
14by rule, define actions that demonstrate malice or bad faith.
SB59,1164 15Section 1164. 102.18 (1) (bw) of the statutes is amended to read:
SB59,711,2216 102.18 (1) (bw) If an insurer, a self-insured employer, or, if applicable, the
17uninsured employers fund pays compensation to an employee in excess of its liability
18and another insurer or self-insured employer is liable for all or part of the excess
19payment, the department or the division may order the insurer or self-insured
20employer that is liable for that excess payment to reimburse the insurer or
21self-insured employer that made the excess payment or, if applicable, the uninsured
22employers fund.
SB59,1165 23Section 1165. 102.18 (1) (c) of the statutes is amended to read:
SB59,712,524 102.18 (1) (c) If 2 or more examiners have conducted a formal hearing on a claim
25and are unable to agree on the order or award to be issued, the decision shall be the

1decision of the majority. If the examiners are equally divided on the decision, the
2division department may appoint an additional examiner who shall review the
3record and consult with the other examiners concerning their impressions of the
4credibility of the evidence. Findings of fact and an order or award may then be issued
5by a majority of the examiners.
SB59,1166 6Section 1166. 102.18 (1) (e) of the statutes is amended to read:
SB59,712,137 102.18 (1) (e) Except as provided in s. 102.21, if the department or the division
8orders a party to pay an award of compensation, the party shall pay the award no
9later than 21 days after the date on which the order is mailed to the last-known
10address of the party, unless the party files a petition for review under sub. (3). This
11paragraph applies to all awards of compensation ordered by the department or the
12division
, whether the award results from a hearing, the default of a party, or a
13compromise or stipulation confirmed by the department or the division.
SB59,1167 14Section 1167. 102.18 (2) of the statutes is repealed and recreated to read:
SB59,712,2015 102.18 (2) The department shall have and maintain on its staff such examiners
16as are necessary to hear and decide claims and to assist in the effective
17administration of this chapter. Those examiners shall be attorneys and may be
18designated as administrative law judges. Those examiners may make findings and
19orders and may approve, review, set aside, modify, or confirm stipulations of
20settlement or compromises of claims for compensation.
SB59,1168 21Section 1168. 102.18 (3) of the statutes is amended to read:
SB59,713,1322 102.18 (3) A party in interest may petition the commission for review of an
23examiner's decision awarding or denying compensation if the department, the
24division,
or the commission receives the petition within 21 days after the department
25or the division mailed a copy of the examiner's findings and order to the last-known

1addresses of the parties in interest. The commission shall dismiss a petition that is
2not filed within those 21 days unless the petitioner shows that the petition was filed
3late for a reason that was beyond the petitioner's control. If no petition is filed within
4those 21 days, the findings or order shall be considered final unless set aside,
5reversed, or modified by the examiner within that time. If the findings or order are
6set aside by the examiner, the status shall be the same as prior to the setting aside
7of
the findings or order that were set aside. If the findings or order are reversed or
8modified by the examiner, the time for filing a petition commences on the date on
9which notice of the reversal or modification is mailed to the last-known addresses
10of the parties in interest. The commission shall either affirm, reverse, set aside, or
11modify the findings or order, in whole or in part, or direct the taking of additional
12evidence. The commission's action shall be based on a review of the evidence
13submitted.
SB59,1169 14Section 1169. 102.18 (4) (c) 3. of the statutes is amended to read:
SB59,713,1615 102.18 (4) (c) 3. Remand the case to the department or the division for further
16proceedings.
SB59,1170 17Section 1170. 102.18 (4) (d) of the statutes is amended to read:
SB59,713,2418 102.18 (4) (d) While a petition for review by the commission is pending or after
19entry of an order or award by the commission but before commencement of an action
20for judicial review or expiration of the period in which to commence an action for
21judicial review, the commission shall remand any compromise presented to it to the
22department or the division for consideration and approval or rejection under s.
23102.16 (1). Presentation of a compromise does not affect the period in which to
24commence an action for judicial review.
SB59,1171 25Section 1171. 102.18 (5) of the statutes is amended to read:
SB59,714,10
1102.18 (5) If it appears to the division department that a mistake may have
2been made as to cause of injury in the findings, order, or award upon an alleged injury
3based on accident, when in fact the employee was suffering from an occupational
4disease, within 3 years after the date of the findings, order, or award the division
5department may, upon its own motion, with or without hearing, set aside the
6findings, order or award, or the division department may take that action upon
7application made within those 3 years. After an opportunity for hearing, the division
8department may, if in fact the employee is suffering from disease arising out of the
9employment, make new findings, and a new order or award, or the division
10department may reinstate the previous findings, order, or award.
SB59,1172 11Section 1172. 102.18 (6) of the statutes is amended to read:
SB59,714,1612 102.18 (6) In case of disease arising out of employment, the division
13department may from time to time review its findings, order, or award, and make
14new findings, or a new order or award, based on the facts regarding disability or
15otherwise as those facts may appear at the time of the review. This subsection shall
16not affect the application of the limitation in s. 102.17 (4).
SB59,1173 17Section 1173. 102.195 of the statutes is amended to read:
SB59,714,24 18102.195 Employees confined in institutions; payment of benefits. In
19case an employee is adjudged mentally ill or incompetent or convicted of a felony, and
20is confined in a public institution and has wholly dependent upon the employee for
21support a person whose dependency is determined as if the employee were deceased,
22compensation payable during the period of the employee's confinement may be paid
23to the employee and the employee's dependents in such manner, for such time, and
24in such amount as the department or division by order provides.
SB59,1174 25Section 1174. 102.22 (1) of the statutes is amended to read:
SB59,715,16
1102.22 (1) If the employer or his or her insurer inexcusably delays in making
2the first payment that is due an injured employee for more than 30 days after the date
3on which the employee leaves work as a result of an injury and if the amount due is
4$500 or more, the payments as to which the delay is found shall be increased by 10
5percent. If the employer or his or her insurer inexcusably delays in making the first
6payment that is due an injured employee for more than 14 days after the date on
7which the employee leaves work as a result of an injury, the payments as to which
8the delay is found may be increased by 10 percent. If the employer or his or her
9insurer inexcusably delays for any length of time in making any other payment that
10is due an injured employee, the payments as to which the delay is found may be
11increased by 10 percent. If the delay is chargeable to the employer and not to the
12insurer, s. 102.62 applies and the relative liability of the parties shall be fixed and
13discharged as provided in that section. The department or the division may also
14order the employer or insurance carrier to reimburse the employee for any finance
15charges, collection charges, or interest that the employee paid as a result of the
16inexcusable delay by the employer or insurance carrier.
SB59,1175 17Section 1175. 102.22 (2) of the statutes is amended to read:
SB59,715,2518 102.22 (2) If any sum that the department or the division orders to be paid is
19not paid when due, that sum shall bear interest at the rate of 10 percent per year.
20The state is liable for interest on awards issued against it under this chapter. The
21department or the division has jurisdiction to issue an award for payment of interest
22under this subsection at any time within one year after the date of its order or, if the
23order is appealed, within one year after final court determination. Interest awarded
24under this subsection becomes due from the date the examiner's order becomes final
25or from the date of a decision by the commission, whichever is later.
SB59,1176
1Section 1176. 102.23 (2) of the statutes is amended to read:
SB59,716,52 102.23 (2) Upon the trial of an action for review of an order or award, the court
3shall disregard any irregularity or error of the commission, or the the department,
4or the division unless it is made to affirmatively appear that the plaintiff was
5damaged by that irregularity or error.
SB59,1177 6Section 1177. 102.23 (3) of the statutes is amended to read:
SB59,716,97 102.23 (3) The record in any case shall be transmitted to the department or the
8division
within 5 days after expiration of the time for appeal from the order or
9judgment of the court, unless an appeal is taken from that order or judgment.
SB59,1178 10Section 1178. 102.23 (5) of the statutes is amended to read:
SB59,716,1511 102.23 (5) When an action for review involves only the question of liability as
12between the employer and one or more insurance companies or as between several
13insurance companies, a party that has been ordered by the department, the division,
14the commission, or a court to pay compensation is not relieved from paying
15compensation as ordered.
SB59,1179 16Section 1179. 102.24 (2) of the statutes is amended to read:
SB59,716,2517 102.24 (2) After the commencement of an action to review any order or award
18of the commission, the parties may have the record remanded by the court for such
19time and under such condition as the parties may provide, for the purpose of having
20the department or the division act upon the question of approving or disapproving
21any settlement or compromise that the parties may desire to have so approved. If
22approved, the action shall be at an end and judgment may be entered upon the
23approval as upon an award. If not approved, the department or the division shall
24immediately return the record to the circuit court and the action shall proceed as if
25no remand had been made.
SB59,1180
1Section 1180. 102.25 (1) of the statutes is amended to read:
SB59,717,132 102.25 (1) Any party aggrieved by a judgment entered upon the review of any
3order or award may appeal the judgment within the period specified in s. 808.04 (1).
4A trial court may not require the commission or any party to the action to execute,
5serve, or file an undertaking under s. 808.07 or to serve, or secure approval of, a
6transcript of the notes of the stenographic reporter or the tape of the recording
7machine. The state is a party aggrieved under this subsection if a judgment is
8entered upon the review confirming any order or award against the state. At any
9time before the case is set down for hearing in the court of appeals or the supreme
10court, the parties may have the record remanded by the court to the department or
11the division
in the same manner and for the same purposes as provided for
12remanding from the circuit court to the department or the division under s. 102.24
13(2).
SB59,1181 14Section 1181. 102.26 (2) of the statutes is amended to read:
SB59,718,215 102.26 (2) Unless previously authorized by the department or the division, no
16fee may be charged or received for the enforcement or collection of any claim for
17compensation nor may any contract for that enforcement or collection be enforceable
18when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that
19enforcement or collection, exceeds 20 percent of the amount at which the claim is
20compromised or of the amount awarded, adjudged, or collected, except that in cases
21of admitted liability in which there is no dispute as to the amount of compensation
22due and in which no hearing or appeal is necessary, the fee charged may not exceed
2310 percent, but not to exceed $250, of the amount at which the claim is compromised
24or of the amount awarded, adjudged, or collected. The limitation as to fees shall
25apply to the combined charges of attorneys, solicitors, representatives, and adjusters

1who knowingly combine their efforts toward the enforcement or collection of any
2compensation claim.
SB59,1182 3Section 1182. 102.26 (3) (b) 1. of the statutes is amended to read:
SB59,718,74 102.26 (3) (b) 1. Subject to sub. (2), upon application of any interested party,
5the department or the division may fix the fee of the claimant's attorney or
6representative and provide in the award for that fee to be paid directly to the attorney
7or representative.
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