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SB673,49,1716 4. The signatures of the authorized representatives of the client and the
17employee leasing company.
SB673,49,2118 (c) A client that elects to provide insurance coverage under par. (a) is liable
19under s. 102.03 for all compensation payable to a leased employee, including any
20payments required under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3),
21102.57, or 102.60.
SB673,49,2522 (d) If a client makes an election under par. (a), the employee leasing company
23shall include the client's federal employer identification number on any reports to the
24department for the purposes of administering the worker's compensation program
25or the unemployment insurance program under ch. 108.
SB673,50,2
1(e) The experience rating under the standards and criteria under ss. 626.11 and
2626.12 remain with a client that makes an election under par. (a).
SB673,112 3Section 112 . 102.315 (2s) of the statutes is created to read:
SB673,50,54 102.315 (2s) Claim reporting. Any claim filed under this chapter for a leased
5employee shall include the client's federal employer identification number.
SB673,113 6Section 113. 102.32 (1m) (intro.) of the statutes is amended to read:
SB673,50,117 102.32 (1m) (intro.) In any case in which compensation payments for an injury
8have extended or will extend over 6 months or more after the date of the injury or in
9any case in which death benefits are payable, any party in interest may, in the
10discretion of the department or the division, be discharged from, or compelled to
11guarantee, future compensation payments by doing any of the following:
SB673,114 12Section 114. 102.32 (1m) (a) of the statutes is amended to read:
SB673,50,1613 102.32 (1m) (a) Depositing the present value of the total unpaid compensation
14upon a 5 percent interest discount basis with a credit union, savings bank, savings
15and loan association, bank, or trust company designated by the department or the
16division
.
SB673,115 17Section 115. 102.32 (1m) (c) of the statutes is amended to read:
SB673,50,1918 102.32 (1m) (c) Making payment in gross upon a 5 percent interest discount
19basis to be approved by the department or the division.
SB673,116 20Section 116. 102.32 (1m) (d) of the statutes is amended to read:
SB673,51,921 102.32 (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 or the division for the payment of compensation as
24may be due or become due. The acceptance of the bond, or other security, and the form
25and sufficiency of the bond or other security, shall be subject to the approval of the

1department or the division. If the employer or insurer is unable or fails to
2immediately procure the bond, the employer or insurer, in lieu of procuring the bond,
3shall deposit with a credit union, savings bank, savings and loan association, bank,
4or trust company designated by the department or the division the maximum
5amount that may reasonably become payable in those cases, to be determined by the
6department or the division at amounts consistent with the extent of the injuries and
7the law. The bonds and deposits may be reduced only to satisfy claims and may be
8withdrawn only after the claims which they are to guarantee are fully satisfied or
9liquidated under par. (a), (b), or (c).
SB673,117 10Section 117. 102.32 (5) of the statutes is amended to read:
SB673,51,1711 102.32 (5) Any insured employer may, in the discretion of the department or
12the division
, compel the insurer to discharge, or to guarantee payment of, the
13employer's liabilities in any case described in sub. (1m) and by that discharge or
14guarantee release the employer from liability for compensation in that case, except
15that if for any reason a bond furnished or deposit made under sub. (1m) (d) does not
16fully protect the beneficiary of the bond or deposit, the compensation insurer or
17insured employer, as the case may be, shall still be liable to that beneficiary.
SB673,118 18Section 118. 102.32 (6m) of the statutes is amended to read:
SB673,52,219 102.32 (6m) The department or the division may direct an advance on a
20payment of unaccrued compensation for permanent disability or death benefits if the
21department or the division determines that the advance payment is in the best
22interest of the injured employee or the employee's dependents. In directing the
23advance, the department or the division shall give the employer or the employer's
24insurer an interest credit against its liability. The credit shall be computed at 5

1percent. An injured employee or dependent may receive no more than 3 advance
2payments per calendar year.
SB673,119 3Section 119. 102.32 (7) of the statutes is amended to read:
SB673,52,74 102.32 (7) No lump sum settlement shall be allowed in any case of permanent
5total disability upon an estimated life expectancy, except upon consent of all parties,
6after hearing and finding by the division department that the interests of the injured
7employee will be conserved by the lump sum settlement.
SB673,120 8Section 120. 102.33 (1) of the statutes is amended to read:
SB673,52,139 102.33 (1) The department and the division shall print and furnish free to any
10employer or employee any blank forms that are necessary to facilitate efficient
11administration of this chapter. The department and the division shall keep any
12record books or records that are necessary for the proper and efficient administration
13of this chapter.
SB673,121 14Section 121. 102.33 (2) (a) of the statutes is amended to read:
SB673,52,1715 102.33 (2) (a) Except as provided in pars. (b) and (c), the records of the
16department, the division, and the commission, related to the administration of this
17chapter are subject to inspection and copying under s. 19.35 (1).
SB673,122 18Section 122. 102.33 (2) (b) (intro.) of the statutes is amended to read:
SB673,53,619 102.33 (2) (b) (intro.) Except as provided in this paragraph and par. (d), a record
20maintained by the department, the division, or the commission that reveals the
21identity of an employee who claims worker's compensation benefits, the nature of the
22employee's claimed injury, the employee's past or present medical condition, the
23extent of the employee's disability, or the amount, type, or duration of benefits paid
24to the employee and a record maintained by the department that reveals any
25financial information provided to the department by a self-insured employer or by

1an applicant for exemption under s. 102.28 (2) (b) are confidential and not open to
2public inspection or copying under s. 19.35 (1). The department , the division, or the
3commission may deny a request made under s. 19.35 (1) or, subject to s. 102.17 (2m)
4and (2s), refuse to honor a subpoena issued by an attorney of record in a civil or
5criminal action or special proceeding to inspect and copy a record that is confidential
6under this paragraph, unless one of the following applies:
SB673,123 7Section 123. 102.33 (2) (b) 1. of the statutes is amended to read:
SB673,53,128 102.33 (2) (b) 1. The requester is the employee who is the subject of the record
9or an attorney or authorized agent of that employee. An attorney or authorized agent
10of an employee who is the subject of a record shall provide a written authorization
11for inspection and copying from the employee if requested by the department, the
12division,
or the commission.
SB673,124 13Section 124. 102.33 (2) (b) 2. of the statutes is amended to read:
SB673,53,2514 102.33 (2) (b) 2. The record that is requested contains confidential information
15concerning a worker's compensation claim and the requester is an insurance carrier
16or employer that is a party to any worker's compensation claim involving the same
17employee or an attorney or authorized agent of that insurance carrier or employer,
18except that the department, the division, or the commission is not required to do a
19random search of its records and may require the requester to provide the
20approximate date of the injury and any other relevant information that would assist
21the department, the division, or the commission in finding the record requested. An
22attorney or authorized agent of an insurance carrier or employer that is a party to
23an employee's worker's compensation claim shall provide a written authorization for
24inspection and copying from the insurance carrier or employer if requested by the
25department, the division, or the commission.
SB673,125
1Section 125. 102.33 (2) (b) 4. of the statutes is amended to read:
SB673,54,32 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the
3department, the division, or the commission to release the record.
SB673,126 4Section 126 . 102.33 (2) (b) 7. of the statutes is created to read:
SB673,54,105 102.33 (2) (b) 7. The requester is the department of health services, a county
6department of social services under s. 46.215 or 46.22, or a county department of
7human services under s. 46.23, and the request is limited to the name and address
8of the employee who is the subject of the record, the name and address of the
9employee's employer, and any financial information about that employee contained
10in the record.
SB673,127 11Section 127. 102.33 (2) (c) of the statutes is amended to read:
SB673,54,1712 102.33 (2) (c) A record maintained by the department , the division, or the
13commission that contains employer or insurer information obtained from the
14Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is
15confidential and not open to public inspection or copying under s. 19.35 (1) unless the
16Wisconsin compensation rating bureau authorizes public inspection or copying of
17that information.
SB673,128 18Section 128. 102.33 (2) (d) 2. of the statutes is amended to read:
SB673,55,919 102.33 (2) (d) 2. The department, the division, or the commission may release
20information that is confidential under par. (b) to a government unit, an institution
21of higher education, or a nonprofit research organization for purposes of research and
22may release information that is confidential under par. (c) to those persons for that
23purpose if the Wisconsin compensation rating bureau authorizes that release. A
24government unit, institution of higher education, or nonprofit research organization
25may not permit inspection or disclosure of any information released to it under this

1subdivision that is confidential under par. (b) unless the department, the division,
2or the commission authorizes that inspection or disclosure and may not permit
3inspection or disclosure of any information released to it under this subdivision that
4is confidential under par. (c) unless the department, the division, or the commission,
5and the Wisconsin compensation rating bureau, authorize the inspection or
6disclosure. A government unit, institution of higher education, or nonprofit research
7organization that obtains any confidential information under this subdivision for
8purposes of research shall provide the results of that research free of charge to the
9person that released or authorized the release of that information.
SB673,129 10Section 129. 102.35 (3) of the statutes is amended to read:
SB673,55,1911 102.35 (3) Any employer who without reasonable cause refuses to rehire an
12employee who is injured in the course of employment, when suitable employment is
13available within the employee's physical and mental limitations, upon order of the
14department or the division, has exclusive liability to pay to the employee, in addition
15to other benefits, the wages lost during the period of such refusal, not exceeding one
16year's wages. In determining the availability of suitable employment the
17continuance in business of the employer shall be considered and any written rules
18promulgated by the employer with respect to seniority or the provisions of any
19collective bargaining agreement with respect to seniority shall govern.
SB673,130 20Section 130. 102.42 (1) of the statutes is amended to read:
SB673,56,1721 102.42 (1) Treatment of employee. The Subject to the limitations under sub.
22(1p), the
employer shall supply such medical, surgical, chiropractic, psychological,
23podiatric, dental, and hospital treatment, medicines, medical and surgical supplies,
24crutches, artificial members, appliances, and training in the use of artificial
25members and appliances, or, at the option of the employee, Christian Science

1treatment in lieu of medical treatment, medicines, and medical supplies, as may be
2reasonably required to cure and relieve from the effects of the injury, and to attain
3efficient use of artificial members and appliances, and in case of the employer's
4neglect or refusal seasonably to do so, or in emergency until it is practicable for the
5employee to give notice of injury, the employer shall be liable for the reasonable
6expense incurred by or on behalf of the employee in providing such treatment,
7medicines, supplies, and training. When the employer has knowledge of the injury
8and the necessity for treatment, the employer's failure to tender the necessary
9treatment, medicines, supplies, and training constitutes such neglect or refusal. The
10employer shall also be liable for reasonable expense incurred by the employee for
11necessary treatment to cure and relieve the employee from the effects of occupational
12disease prior to the time that the employee knew or should have known the nature
13of his or her disability and its relation to employment, and as to such treatment subs.
14(2) and (3) shall not apply. The obligation to furnish such treatment and appliances
15shall continue as required to prevent further deterioration in the condition of the
16employee or to maintain the existing status of such condition whether or not healing
17is completed.
SB673,131 18Section 131. 102.42 (1m) of the statutes is amended to read:
SB673,57,319 102.42 (1m) Liability for unnecessary treatment. If an employee who has
20sustained a compensable injury undertakes in good faith invasive treatment that is
21generally medically acceptable, but that is unnecessary, the employer shall pay
22disability indemnity for all disability incurred as a result of that treatment. An
23employer is not liable for disability indemnity for any disability incurred as a result
24of any unnecessary treatment undertaken in good faith that is noninvasive or not
25medically acceptable. This subsection applies to all findings that an employee has

1sustained a compensable injury, whether the finding results from a hearing, the
2default of a party, or a compromise or stipulation confirmed by the department or the
3division
.
SB673,132 4Section 132. 102.42 (1p) of the statutes is created to read:
SB673,57,85 102.42 (1p) Liability for treatment of certain mental injuries. The employer
6of an employee whose injury is a mental injury that is compensable under s. 102.17
7(9) is liable for the employee's treatment of the mental injury for no more than 32
8weeks after the injury is first reported.
SB673,133 9Section 133. 102.42 (6) of the statutes is amended to read:
SB673,57,2110 102.42 (6) Treatment rejected by employee. Unless the employee has elected
11Christian Science treatment in lieu of medical, surgical, dental, or hospital
12treatment, no compensation shall be payable for the death or disability of an
13employee, if the death is caused, or insofar as the disability may be aggravated,
14caused, or continued by an unreasonable refusal or neglect to submit to or follow any
15competent and reasonable medical, surgical, or dental treatment or, in the case of
16tuberculosis, by refusal or neglect to submit to or follow hospital or medical
17treatment when found by the department or the division to be necessary. The right
18to compensation accruing during a period of refusal or neglect to submit to or follow
19hospital or medical treatment when found by the department or the division to be
20necessary in the case of tuberculosis shall be barred, irrespective of whether
21disability was aggravated, caused, or continued by that refusal or neglect.
SB673,134 22Section 134. 102.42 (8) of the statutes is amended to read:
SB673,58,523 102.42 (8) Award to state employee. Whenever the department or the division
24makes an award on behalf of a state employee, the department or the division shall
25file duplicate copies of the award with the subunit of the department of

1administration responsible for risk management. Upon receipt of the copies of the
2award, the department of administration shall promptly issue a voucher in payment
3of the award from the proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and
4shall transmit one copy of the voucher and the award to the officer, department, or
5agency by whom the affected employee is employed.
SB673,135 6Section 135. 102.425 (4m) (a) of the statutes is amended to read:
SB673,58,127 102.425 (4m) (a) The department has jurisdiction under this subsection, the
8department and the division have jurisdiction under s.
and ss. 102.16 (1m) (c), and
9the division has jurisdiction under s. 102.17 to resolve a dispute between a
10pharmacist or practitioner and an employer or insurer over the reasonableness of the
11amount charged for a prescription drug dispensed under sub. (2) for outpatient use
12by an injured employee who claims benefits under this chapter.
SB673,136 13Section 136. 102.425 (4m) (b) of the statutes is amended to read:
SB673,58,2314 102.425 (4m) (b) An employer or insurer that disputes the reasonableness of
15the amount charged for a prescription drug dispensed under sub. (2) for outpatient
16use by an injured employee or the department or division under sub. (4) (b) or s.
17102.16 (1m) (c) or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a
18completed bill for the prescription drug, reasonable written notice to the pharmacist
19or practitioner that the charge is being disputed. After receiving reasonable written
20notice under this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1)
21(bg) 3. that a prescription drug charge is being disputed, a pharmacist or practitioner
22may not collect the disputed charge from, or bring an action for collection of the
23disputed charge against, the employee who received the prescription drug.
SB673,137 24Section 137. 102.43 (5) (b) of the statutes is amended to read:
SB673,59,11
1102.43 (5) (b) Except as provided in s. 102.61 (1g), temporary disability shall
2also include such period as the employee may be receiving instruction under s. 102.61
3(1) or (1m). Temporary disability on account of receiving instruction under s. 102.61
4(1) or (1m), and not otherwise resulting from the injury, shall not be in excess of 80
5weeks. That 80-week limitation does not apply to temporary disability benefits
6under this section, the cost of tuition, fees, books, travel, or maintenance under s.
7102.61 (1), or the cost of private rehabilitation counseling or rehabilitative training
8under s. 102.61 (1m) if the department or the division determines that additional
9training is warranted. The necessity for additional training as authorized by the
10department or the division for any employee shall be subject to periodic review and
11reevaluation.
SB673,138 12Section 138. 102.44 (2) of the statutes is amended to read:
SB673,59,1813 102.44 (2) In case of permanent total disability, aggregate indemnity shall be
14weekly indemnity for the period that the employee may live. Total impairment for
15industrial use of both eyes, the loss of both arms at or near the shoulder, the loss of
16both legs at or near the hip, or the loss of one arm at the shoulder and one leg at the
17hip constitutes permanent total disability. This enumeration is not exclusive, but in
18other cases the division department shall find the facts.
SB673,139 19Section 139. 102.44 (6) (b) of the statutes is amended to read:
SB673,59,2520 102.44 (6) (b) If during the period set forth in s. 102.17 (4) the employment
21relationship is terminated by the employer at the time of the injury or by the
22employee because his or her physical or mental limitations prevent his or her
23continuing in such employment, or if during that period a wage loss of 15 percent or
24more occurs, the division department may reopen any award and make a
25redetermination taking into account loss of earning capacity.
SB673,140
1Section 140. 102.44 (7) of the statutes is created to read:
SB673,60,42 102.44 (7) In the case of an employee whose injury is a mental injury that is
3compensable under s. 102.17 (9), the period of disability may not exceed 32 weeks
4after the injury is first reported.
SB673,141 5Section 141. 102.475 (6) of the statutes is amended to read:
SB673,60,86 102.475 (6) Proof. In administering this section the department or the division
7may require reasonable proof of birth, marriage, domestic partnership under ch. 770,
8relationship, or dependency.
SB673,142 9Section 142. 102.48 (1) of the statutes is amended to read:
SB673,60,1510 102.48 (1) An unestranged surviving parent or parents to whose support the
11deceased has contributed less than $500 in the 52 weeks next preceding the injury
12causing death shall receive a death benefit of $6,500. If the parents are not living
13together, the department or the division shall divide this sum in such proportion as
14the department or division considers to be just, considering their ages and other facts
15bearing on dependency.
SB673,143 16Section 143. 102.48 (2) of the statutes is amended to read:
SB673,61,517 102.48 (2) In all other cases the death benefit shall be such sum as the
18department or the division determines to represent fairly and justly the aid to
19support which the dependent might reasonably have anticipated from the deceased
20employee but for the injury. To establish anticipation of support and dependency, it
21shall not be essential that the deceased employee made any contribution to support.
22The aggregate benefits in that case shall not exceed twice the average annual
23earnings of the deceased or 4 times the contributions of the deceased to the support
24of his or her dependents during the year immediately preceding the deceased
25employee's death, whichever amount is the greater. In no event shall the aggregate

1benefits in that case exceed the amount that would accrue to a person who is solely
2and wholly dependent. When there is more than one partial dependent the weekly
3benefit shall be apportioned according to their relative dependency. The term
4“support" as used in ss. 102.42 to 102.63 shall include contributions to the capital
5fund of the dependents for their necessary comfort.
SB673,144 6Section 144. 102.48 (3) of the statutes is amended to read:
SB673,61,107 102.48 (3) Except as otherwise provided, a death benefit, other than burial
8expenses, shall be paid in weekly installments corresponding in amount to
9two-thirds of the weekly earnings of the employee, until otherwise ordered by the
10department or the division.
SB673,145 11Section 145. 102.49 (3) of the statutes is amended to read:
SB673,61,2012 102.49 (3) If the employee leaves a spouse or domestic partner under ch. 770
13wholly dependent and also a child by a former marriage, domestic partnership under
14ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same
15in amount as if the child were the child of the surviving spouse or partner, and the
16entire benefit shall be apportioned to the dependents in the amounts that the
17department or the division determines to be just, considering the ages of the
18dependents and other factors bearing on dependency. The benefit awarded to the
19surviving spouse or partner shall not exceed 4 times the average annual earnings of
20the deceased employee.
SB673,146 21Section 146 . 102.49 (5) (b) of the statutes is amended to read:
SB673,62,322 102.49 (5) (b) In addition to the payment required under par. (a), in each case
23of injury resulting in death leaving no person dependent for support, the employer
24or insurer shall, except as provided in s. 102.58 (2), pay into the state treasury the
25amount of the death benefit otherwise payable, minus any payment made under s.

1102.48 (1),. The payment under this paragraph shall, except as provided in par. (cm),
2be made
in 5 equal annual installments, with the first installment due as of the date
3of death.
SB673,147 4Section 147 . 102.49 (5) (c) of the statutes is amended to read:
SB673,62,105 102.49 (5) (c) In addition to the payment required under par. (a), in each case
6of injury resulting in death, leaving one or more persons partially dependent for
7support, the employer or insurer shall, except as provided in s. 102.58 (2), pay into
8the state treasury an amount which, when added to the sums paid or to be paid on
9account of partial dependency and under s. 102.48 (1), shall equal the death benefit
10payable to a person wholly dependent.
SB673,148 11Section 148 . 102.49 (5) (cm) of the statutes is created to read:
SB673,62,1712 102.49 (5) (cm) The employer or insurer may make advance payments of
13amounts owed under par. (b) or (c), up to and including a lump sum payment of the
14entire amount owed. If an employer or insurer makes an advance payment, the
15department shall give the employer or the insurer an interest credit against its
16liability for payments made in excess of that required under par. (b) or (c). The credit
17shall be computed at 5 percent.
SB673,149 18Section 149 . 102.49 (5) (e) of the statutes is amended to read:
SB673,62,2019 102.49 (5) (e) The adjustments in liability provided in ss. 102.57, 102.58 (1),
20and 102.60 do not apply to payments made under this section.
SB673,150 21Section 150. 102.49 (6) of the statutes is amended to read:
SB673,63,222 102.49 (6) The department or the division may award the additional benefits
23payable under this section to the surviving parent of the child, to the child's guardian,
24or to such other person, bank, or trust company for the child's use as may be found
25best calculated to conserve the interests of the child. If the child dies while benefits

1are still payable, there shall be paid the reasonable expense for burial, not exceeding
2$1,500.
SB673,151 3Section 151. 102.51 (3) of the statutes is amended to read:
SB673,63,84 102.51 (3) Division among dependents. If there is more than one person wholly
5or partially dependent on a deceased employee, the death benefit shall be divided
6between those dependents in such proportion as the department or the division
7determines to be just, considering their ages and other facts bearing on their
8dependency.
SB673,152 9Section 152. 102.51 (4) of the statutes is amended to read:
SB673,63,2210 102.51 (4) Dependency as of the date of death. Questions as to who is a
11dependent and the extent of his or her dependency shall be determined as of the date
12of the death of the employee, and the dependent's right to any death benefit becomes
13fixed at that time, regardless of any subsequent change in conditions. The death
14benefit shall be directly recoverable by and payable to the dependents entitled to the
15death benefit or their legal guardians or trustees. In case of the death of a dependent
16whose right to a death benefit has become fixed, so much of the benefit as is unpaid
17is payable to the dependent's personal representatives in gross, unless the
18department or the division determines that the unpaid benefit shall be reassigned
19under sub. (6) and paid to any other dependent who is physically or mentally
20incapacitated or a minor. For purposes of this subsection, a child of the employee who
21is born after the death of the employee is considered to be a dependent as of the date
22of death.
SB673,153 23Section 153. 102.51 (6) of the statutes is amended to read:
SB673,64,424 102.51 (6) Division among dependents. Benefits accruing to a minor dependent
25child may be awarded to either parent in the discretion of the department or the

1division
. Notwithstanding sub. (1), the department or the division may reassign the
2death benefit as between a surviving spouse or a domestic partner under ch. 770 and
3any children specified in sub. (1) and s. 102.49 in accordance with their respective
4needs for the death benefit.
SB673,154 5Section 154. 102.55 (3) of the statutes is amended to read:
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