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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.
SB59,1183 8Section 1183. 102.26 (3) (b) 3. of the statutes is amended to read:
SB59,718,169 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer
10to pay any compensation that is due the claimant by depositing the payment directly
11into an account maintained by the claimant at a financial institution. If the insurer
12or self-insured employer agrees to the request, the insurer or self-insured employer
13may deposit the payment by direct deposit, electronic funds transfer, or any other
14money transfer technique approved by the department or the division. The claimant
15may revoke a request under this subdivision at any time by providing appropriate
16written notice to the insurer or self-insured employer.
SB59,1184 17Section 1184. 102.26 (4) of the statutes is amended to read:
SB59,718,2218 102.26 (4) Any attorney or other person who charges or receives any fee in
19violation of this section may be required to forfeit double the amount retained by the
20attorney or other person, which forfeiture shall be collected by the state in an action
21in debt upon complaint of the department or the division. Out of the sum recovered
22the court shall direct payment to the injured party of the amount of the overcharge.
SB59,1185 23Section 1185. 102.27 (2) (b) of the statutes is amended to read:
SB59,719,824 102.27 (2) (b) If a governmental unit provides public assistance under ch. 49
25to pay medical costs or living expenses related to a claim under this chapter and if

1the governmental unit has given the parties to the claim written notice stating that
2the governmental unit provided the assistance and the cost of that assistance, the
3department or the division shall order the employer or insurance carrier owing
4compensation to reimburse that governmental unit for the amount of assistance the
5governmental unit provided or two-thirds of the amount of the award or payment
6remaining after deduction of attorney fees and any other fees or costs chargeable
7under ch. 102, whichever is less. The department shall comply with this paragraph
8when making payments under s. 102.81.
SB59,1186 9Section 1186. 102.28 (3) (c) of the statutes is amended to read:
SB59,719,2510 102.28 (3) (c) An employee who has signed a waiver under par. (a) 1. and an
11affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the
12employer would be liable for under s. 102.03, who at the time of the injury was a
13member of a religious sect whose authorized representative has filed an affidavit
14under par. (a) 3. and an agreement under par. (a) 4., and who as a result of the injury
15becomes dependent on the religious sect for financial and medical assistance, or the
16employee's dependent, may request a hearing under s. 102.17 (1) to determine if the
17religious sect has provided the employee and his or her dependents with a standard
18of living and medical treatment that are reasonable when compared to the general
19standard of living and medical treatment for members of the religious sect. If, after
20hearing, the division department determines that the religious sect has not provided
21that standard of living or medical treatment, or both, the division department may
22order the religious sect to provide alternative benefits to that employee or his or her
23dependent, or both, in an amount that is reasonable under the circumstances, but
24not in excess of the benefits that the employee or dependent could have received
25under this chapter but for the waiver under par. (a) 1.
SB59,1187
1Section 1187. 102.28 (4) (c) of the statutes is amended to read:
SB59,720,52 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not
3requested, the division department may issue an order to an employer to cease
4operations on a finding that the employer is an uninsured employer. If no hearing
5is requested, the department may issue such an order.
SB59,1188 6Section 1188. 102.29 (1) (b) (intro.) of the statutes is amended to read:
SB59,720,177 102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the
8department shall become the agent of that party for the giving of a notice as required
9in par. (a) and the notice, when given to the department, shall include an affidavit
10setting forth the facts, including the steps taken to locate that party. Each party shall
11have an equal voice in the prosecution of the claim, and any disputes arising shall
12be passed upon by the court before whom the case is pending, and if no action is
13pending, then by a court of record or by the department or the division. If notice is
14given as provided in par. (a), the liability of the tort-feasor shall be determined as
15to all parties having a right to make claim and, irrespective of whether or not all
16parties join in prosecuting the claim, the proceeds of the claim shall be divided as
17follows:
SB59,1189 18Section 1189. 102.29 (1) (c) of the statutes is amended to read:
SB59,720,2419 102.29 (1) (c) If both the employee or the employee's personal representative
20or other person entitled to bring action, and the employer, compensation insurer, or
21department, join in the pressing of said claim and are represented by counsel, the
22attorney fees allowed as a part of the costs of collection shall be, unless otherwise
23agreed upon, divided between the attorneys for those parties as directed by the court
24or by the department or the division.
SB59,1190 25Section 1190. 102.29 (1) (d) of the statutes is amended to read:
SB59,721,4
1102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the
2settlement and the distribution of the proceeds of the settlement are approved by the
3court before whom the action is pending or, if no action is pending, then by a court
4of record or by the department or the division.
SB59,1191 5Section 1191. 102.30 (7) (a) of the statutes is amended to read:
SB59,721,116 102.30 (7) (a) The department or the division may order direct reimbursement
7out of the proceeds payable under this chapter for payments made under a
8nonindustrial insurance policy covering the same disability and expenses
9compensable under s. 102.42 when the claimant consents or when it is established
10that the payments under the nonindustrial insurance policy were improper. No
11attorney fee is due with respect to that reimbursement.
SB59,1192 12Section 1192. 102.32 (1m) (intro.) of the statutes is amended to read:
SB59,721,1713 102.32 (1m) (intro.) In any case in which compensation payments for an injury
14have extended or will extend over 6 months or more after the date of the injury or in
15any case in which death benefits are payable, any party in interest may, in the
16discretion of the department or the division, be discharged from, or compelled to
17guarantee, future compensation payments by doing any of the following:
SB59,1193 18Section 1193. 102.32 (1m) (a) of the statutes is amended to read:
SB59,721,2219 102.32 (1m) (a) Depositing the present value of the total unpaid compensation
20upon a 5 percent interest discount basis with a credit union, savings bank, savings
21and loan association, bank, or trust company designated by the department or the
22division
.
SB59,1194 23Section 1194. 102.32 (1m) (c) of the statutes is amended to read:
SB59,721,2524 102.32 (1m) (c) Making payment in gross upon a 5 percent interest discount
25basis to be approved by the department or the division.
SB59,1195
1Section 1195. 102.32 (1m) (d) of the statutes is amended to read:
SB59,722,152 102.32 (1m) (d) In cases in which the time for making payments or the amounts
3of payments cannot be definitely determined, furnishing a bond, or other security,
4satisfactory to the department or the division for the payment of compensation as
5may be due or become due. The acceptance of the bond, or other security, and the form
6and sufficiency of the bond or other security, shall be subject to the approval of the
7department or the division. If the employer or insurer is unable or fails to
8immediately procure the bond, the employer or insurer, in lieu of procuring the bond,
9shall deposit with a credit union, savings bank, savings and loan association, bank,
10or trust company designated by the department or the division the maximum
11amount that may reasonably become payable in those cases, to be determined by the
12department or the division at amounts consistent with the extent of the injuries and
13the law. The bonds and deposits may be reduced only to satisfy claims and may be
14withdrawn only after the claims which they are to guarantee are fully satisfied or
15liquidated under par. (a), (b), or (c).
SB59,1196 16Section 1196. 102.32 (5) of the statutes is amended to read:
SB59,722,2317 102.32 (5) Any insured employer may, in the discretion of the department or
18the division
, compel the insurer to discharge, or to guarantee payment of, the
19employer's liabilities in any case described in sub. (1m) and by that discharge or
20guarantee release the employer from liability for compensation in that case, except
21that if for any reason a bond furnished or deposit made under sub. (1m) (d) does not
22fully protect the beneficiary of the bond or deposit, the compensation insurer or
23insured employer, as the case may be, shall still be liable to that beneficiary.
SB59,1197 24Section 1197. 102.32 (6m) of the statutes is amended to read:
SB59,723,8
1102.32 (6m) The department or the division may direct an advance on a
2payment of unaccrued compensation for permanent disability or death benefits if the
3department or the division determines that the advance payment is in the best
4interest of the injured employee or the employee's dependents. In directing the
5advance, the department or the division shall give the employer or the employer's
6insurer an interest credit against its liability. The credit shall be computed at 5
7percent. An injured employee or dependent may receive no more than 3 advance
8payments per calendar year.
SB59,1198 9Section 1198. 102.32 (7) of the statutes is amended to read:
SB59,723,1310 102.32 (7) No lump sum settlement shall be allowed in any case of permanent
11total disability upon an estimated life expectancy, except upon consent of all parties,
12after hearing and finding by the division department that the interests of the injured
13employee will be conserved by the lump sum settlement.
SB59,1199 14Section 1199. 102.33 (1) of the statutes is amended to read:
SB59,723,1915 102.33 (1) The department and the division shall print and furnish free to any
16employer or employee any blank forms that are necessary to facilitate efficient
17administration of this chapter. The department and the division shall keep any
18record books or records that are necessary for the proper and efficient administration
19of this chapter.
SB59,1200 20Section 1200. 102.33 (2) (a) of the statutes is amended to read:
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