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SB673,11,155 102.04 (2m) A Except as otherwise provided in an employee leasing agreement
6that meets the requirements of s. 102.315 (2m), a
temporary help agency is the
7employer of an employee whom the temporary help agency has placed with or leased
8to another employer that compensates the temporary help agency for the employee's
9services. A Except as provided in s. 102.315 (2m) (c), a temporary help agency is
10liable under s. 102.03 for all compensation and other payments payable under this
11chapter to or with respect to that employee, including any payments required under
12s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60. Except
13as permitted under s. 102.29, a temporary help agency may not seek or receive
14reimbursement from another employer for any payments made as a result of that
15liability.
SB673,20 16Section 20. 102.04 (2r) (b) of the statutes is amended to read:
SB673,11,2017 102.04 (2r) (b) The franchisor has been found by the department or the division
18to have exercised a type or degree of control over the franchisee or the franchisee's
19employees that is not customarily exercised by a franchisor for the purpose of
20protecting the franchisor's trademarks and brand.
SB673,21 21Section 21. 102.07 (8) (c) of the statutes is amended to read:
SB673,11,2522 102.07 (8) (c) The division department may not admit in evidence any state or
23federal law, regulation, or document granting operating authority , or a license when
24determining whether an independent contractor meets the conditions specified in
25par. (b) 1. or 3.
SB673,22
1Section 22. 102.11 (1) (am) 1. of the statutes is amended to read:
SB673,12,82 102.11 (1) (am) 1. The employee is a member of a class of employees that does
3the same type of work at the same location and, in the case of an employee in the
4service of the state, is employed in the same office, department, independent agency,
5authority, institution, association, society, or other body in state government or, if the
6department or the division determines appropriate, in the same subunit of an office,
7department, independent agency, authority, institution, association, society, or other
8body in state government.
SB673,23 9Section 23. 102.12 of the statutes is amended to read:
SB673,13,3 10102.12 Notice of injury, exception, laches. No claim for compensation may
11be maintained unless, within 30 days after the occurrence of the injury or within 30
12days after the employee knew or ought to have known the nature of his or her
13disability and its relation to the employment, actual notice was received by the
14employer or by an officer, manager or designated representative of an employer. If
15no representative has been designated by posters placed in one or more conspicuous
16places where notices to employees are customarily posted, then notice received by
17any superior is sufficient. Absence of notice does not bar recovery if it is found that
18the employer was not misled by that absence. Regardless of whether notice was
19received, if no payment of compensation, other than medical treatment or burial
20expense, is made, and if no application is filed with the department within 2 years
21after the date of the injury or death or the date the employee or his or her dependent
22knew or ought to have known the nature of the disability and its relation to the
23employment, the right to compensation for the injury or death is barred, except that
24the right to compensation is not barred if the employer knew or should have known,
25within the 2-year period, that the employee had sustained the injury on which the

1claim is based. Issuance of notice of a hearing on the motion of the department or
2the division
has the same effect for the purposes of this section as the filing of an
3application. This section does not affect any claim barred under s. 102.17 (4).
SB673,24 4Section 24. 102.13 (1) (c) of the statutes is amended to read:
SB673,13,125 102.13 (1) (c) So long as the employee, after a written request of the employer
6or insurer that complies with par. (b), refuses to submit to or in any way obstructs
7the examination, the employee's right to begin or maintain any proceeding for the
8collection of compensation is suspended, except as provided in sub. (4). If the
9employee refuses to submit to the examination after direction by the department, the
10division,
or an examiner, or in any way obstructs the examination, the employee's
11right to the weekly indemnity that accrues and becomes payable during the period
12of that refusal or obstruction, is barred, except as provided in sub. (4).
SB673,25 13Section 25. 102.13 (1) (d) 2. of the statutes is amended to read:
SB673,13,1814 102.13 (1) (d) 2. Any physician, chiropractor, psychologist, dentist, physician
15assistant, advanced practice nurse prescriber, or podiatrist who attended a worker's
16compensation claimant for any condition or complaint reasonably related to the
17condition for which the claimant claims compensation may be required to testify
18before the division department when the division department so directs.
SB673,26 19Section 26. 102.13 (1) (d) 3. of the statutes is amended to read:
SB673,14,220 102.13 (1) (d) 3. Notwithstanding any statutory provisions except par. (e), any
21physician, chiropractor, psychologist, dentist, physician assistant, advanced
22practice nurse prescriber, or podiatrist attending a worker's compensation claimant
23for any condition or complaint reasonably related to the condition for which the
24claimant claims compensation may furnish to the employee, employer, worker's

1compensation insurer, or department, or division information and reports relative to
2a compensation claim.
SB673,27 3Section 27. 102.13 (1) (f) of the statutes is amended to read:
SB673,14,64 102.13 (1) (f) If an employee claims compensation under s. 102.81 (1), the
5department or the division may require the employee to submit to physical or
6vocational examinations under this subsection.
SB673,28 7Section 28. 102.13 (2) (a) of the statutes is amended to read:
SB673,14,188 102.13 (2) (a) An employee who reports an injury alleged to be work-related
9or files an application for hearing waives any physician-patient,
10psychologist-patient, or chiropractor-patient privilege with respect to any condition
11or complaint reasonably related to the condition for which the employee claims
12compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
13physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
14advanced practice nurse prescriber, hospital, or health care provider shall, within a
15reasonable time after written request by the employee, employer, worker's
16compensation insurer, or department, or division, or its representative, provide that
17person with any information or written material reasonably related to any injury for
18which the employee claims compensation.
SB673,29 19Section 29 . 102.13 (2) (am) of the statutes is created to read:
SB673,15,720 102.13 (2) (am) Notwithstanding s. 51.30, within 30 days after receiving a
21request by a representative or agent of a worker's compensation insurer, a physician,
22chiropractor, podiatrist, psychologist, dentist, physician assistant, advanced
23practice nurse prescriber, hospital, or other health care provider shall furnish to the
24representative or agent a complete copy of a billing statement regarding an injury
25for which an employee claims compensation. The physician, chiropractor, podiatrist,

1psychologist, dentist, physician assistant, advanced practice nurse prescriber,
2hospital, or other health care provider shall provide the billing statement upon the
3standard billing form required by the federal centers for Medicare and Medicaid
4services and may not charge for providing the statement. If a person does not timely
5comply with a request made pursuant to this paragraph, the worker's compensation
6insurer is not liable for any services provided that were billed on the requested billing
7statement.
SB673,30 8Section 30. 102.13 (3) of the statutes is amended to read:
SB673,15,219 102.13 (3) If 2 or more physicians, chiropractors, psychologists, dentists, or
10podiatrists disagree as to the extent of an injured employee's temporary disability,
11the end of an employee's healing period, an employee's ability to return to work at
12suitable available employment or the necessity for further treatment or for a
13particular type of treatment, the department or the division may appoint another
14physician, chiropractor, psychologist, dentist, or podiatrist to examine the employee
15and render an opinion as soon as possible. The department or the division shall
16promptly notify the parties of this appointment. If the employee has not returned
17to work, payment for temporary disability shall continue until the department or the
18division
receives the opinion. The employer or its insurance carrier, or both, shall
19pay for the examination and opinion. The employer or insurance carrier, or both,
20shall receive appropriate credit for any overpayment to the employee determined by
21the department or the division after receipt of the opinion.
SB673,31 22Section 31. 102.13 (4) of the statutes is amended to read:
SB673,16,1223 102.13 (4) The right of an employee to begin or maintain proceedings for the
24collection of compensation and to receive weekly indemnities that accrue and become
25payable shall not be suspended or barred under sub. (1) when an employee refuses

1to submit to a physical examination, upon the request of the employer or worker's
2compensation insurer or at the direction of the department, the division, or an
3examiner, that would require the employee to travel a distance of 100 miles or more
4from his or her place of residence, unless the employee has claimed compensation for
5treatment from a practitioner whose office is located 100 miles or more from the
6employee's place of residence or the department, division, or examiner determines
7that any other circumstances warrant the examination. If the employee has claimed
8compensation for treatment from a practitioner whose office is located 100 miles or
9more from the employee's place of residence, the employer or insurer may request,
10or the department, the division, or an examiner may direct, the employee to submit
11to a physical examination in the area where the employee's treatment practitioner
12is located.
SB673,32 13Section 32. 102.13 (5) of the statutes is amended to read:
SB673,16,2214 102.13 (5) The department or the division may refuse to receive testimony as
15to conditions determined from an autopsy if it appears that the party offering the
16testimony had procured the autopsy and had failed to make reasonable effort to
17notify at least one party in adverse interest or the department or the division at least
1812 hours before the autopsy of the time and place at which the autopsy would be
19performed, or that the autopsy was performed by or at the direction of the coroner
20or medical examiner or at the direction of the district attorney for purposes not
21authorized under ch. 979. The department or the division may withhold findings
22until an autopsy is held in accordance with its directions.
SB673,33 23Section 33 . 102.14 (title) of the statutes is amended to read:
SB673,16,25 24102.14 (title) Jurisdiction, powers, and duties of department and
25division; advisory committee council.
SB673,34
1Section 34. 102.14 (1) of the statutes is amended to read:
SB673,17,32 102.14 (1) Except as otherwise provided, this chapter shall be administered by
3the department and the division.
SB673,35 4Section 35. 102.14 (2) of the statutes is amended to read:
SB673,17,125 102.14 (2) The council on worker's compensation shall advise the department
6and the division in carrying out the purposes of this chapter, shall submit its
7recommendations with respect to amendments to this chapter to each regular
8session of the legislature, and shall report its views upon any pending bill relating
9to this chapter to the proper legislative committee. At the request of the chairpersons
10of the senate and assembly committees on labor, the department shall schedule a
11meeting of the council with the members of the senate and assembly committees on
12labor to review and discuss matters of legislative concern arising under this chapter.
SB673,36 13Section 36. 102.15 (1) of the statutes is amended to read:
SB673,17,1514 102.15 (1) Subject to this chapter, the division department may adopt its own
15promulgate rules of procedure and may change the same from time to time.
SB673,37 16Section 37. 102.15 (2) of the statutes is amended to read:
SB673,17,1817 102.15 (2) The division department may provide by rule the conditions under
18which transcripts of testimony and proceedings shall be furnished.
SB673,38 19Section 38. 102.16 (1) of the statutes is repealed and recreated to read:
SB673,18,920 102.16 (1) Any controversy concerning compensation or a violation of sub. (3),
21including a controversy in which the state may be a party, shall be submitted to the
22department in the manner and with the effect provided in this chapter. Every
23compromise of any claim for compensation may be reviewed and set aside, modified,
24or confirmed by the department within one year after the date on which the
25compromise is filed with the department, the date on which an award has been

1entered based on the compromise, or the date on which an application for the
2department to take any of those actions is filed with the department. Unless the
3word “compromise" appears in a stipulation of settlement, the settlement shall not
4be considered a compromise, and further claim is not barred except as provided in
5s. 102.17 (4) regardless of whether an award is made. The employer, insurer or
6dependent under s. 102.51 (5) shall have equal rights with the employee to have a
7compromise or any other stipulation of settlement reviewed under this subsection.
8Upon petition filed with the department under this subsection, the department may
9set aside the award or otherwise determine the rights of the parties.
SB673,39 10Section 39. 102.16 (1m) (a) of the statutes is amended to read:
SB673,19,211 102.16 (1m) (a) If an insurer or self-insured employer concedes by compromise
12under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
13employer is liable under this chapter for any health services provided to an injured
14employee by a health service provider, but disputes the reasonableness of the fee
15charged by the health service provider, the department or the division may include
16in its order confirming the compromise or stipulation a determination made by the
17department under sub. (2) as to the reasonableness of the fee or, if such a
18determination has not yet been made, the department or the division may notify, or
19direct the insurer or self-insured employer to notify, the health service provider
20under sub. (2) (b) that the reasonableness of the fee is in dispute. The department
21or the division shall deny payment of a health service fee that the department
22determines under sub. (2) to be unreasonable. A health service provider and an
23insurer or self-insured employer that are parties to a fee dispute under this
24paragraph are bound by the department's determination under sub. (2) on the
25reasonableness of the disputed fee, unless that determination is set aside, reversed,

1or modified by the department under sub. (2) (f) or is set aside on judicial review as
2provided in sub. (2) (f).
SB673,40 3Section 40. 102.16 (1m) (b) of the statutes is amended to read:
SB673,20,24 102.16 (1m) (b) If an insurer or self-insured employer concedes by compromise
5under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
6employer is liable under this chapter for any treatment provided to an injured
7employee by a health service provider, but disputes the necessity of the treatment,
8the department or the division may include in its order confirming the compromise
9or stipulation a determination made by the department under sub. (2m) as to the
10necessity of the treatment or, if such a determination has not yet been made, the
11department or the division may notify, or direct the insurer or self-insured employer
12to notify, the health service provider under sub. (2m) (b) that the necessity of the
13treatment is in dispute. Before determining under sub. (2m) the necessity of
14treatment provided to an injured employee, the department may, but is not required
15to, obtain the opinion of an expert selected by the department who is qualified as
16provided in sub. (2m) (c). The standards promulgated under sub. (2m) (g) shall be
17applied by an expert and by the department in rendering an opinion as to, and in
18determining, necessity of treatment under this paragraph. In cases in which no
19standards promulgated under sub. (2m) (g) apply, the department shall find the facts
20regarding necessity of treatment. The department or the division shall deny
21payment for any treatment that the department determines under sub. (2m) to be
22unnecessary. A health service provider and an insurer or self-insured employer that
23are parties to a dispute under this paragraph over the necessity of treatment are
24bound by the department's determination under sub. (2m) on the necessity of the
25disputed treatment, unless that determination is set aside, reversed, or modified by

1the department under sub. (2m) (e) or is set aside on judicial review as provided in
2sub. (2m) (e).
SB673,41 3Section 41. 102.16 (1m) (c) of the statutes is amended to read:
SB673,20,234 102.16 (1m) (c) If an insurer or self-insured employer concedes by compromise
5under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
6employer is liable under this chapter for the cost of a prescription drug dispensed
7under s. 102.425 (2) for outpatient use by an injured employee, but disputes the
8reasonableness of the amount charged for the prescription drug, the department or
9the division
may include in its order confirming the compromise or stipulation a
10determination made by the department under s. 102.425 (4m) as to the
11reasonableness of the prescription drug charge or, if such a determination has not
12yet been made, the department or the division may notify, or direct the insurer or
13self-insured employer to notify, the pharmacist or practitioner dispensing the
14prescription drug under s. 102.425 (4m) (b) that the reasonableness of the
15prescription drug charge is in dispute. The department or the division shall deny
16payment of a prescription drug charge that the department determines under s.
17102.425 (4m) to be unreasonable. A pharmacist or practitioner and an insurer or
18self-insured employer that are parties to a dispute under this paragraph over the
19reasonableness of a prescription drug charge are bound by the department's
20determination under s. 102.425 (4m) on the reasonableness of the disputed
21prescription drug charge, unless that determination is set aside, reversed, or
22modified by the department under s. 102.425 (4m) (e) or is set aside on judicial review
23as provided in s. 102.425 (4m) (e).
SB673,42 24Section 42. 102.16 (2) (a) of the statutes is amended to read:
SB673,21,14
1102.16 (2) (a) Except as provided in this paragraph, the department has
2jurisdiction under this subsection, the department and the division have jurisdiction
3under
sub. (1m) (a), and the division has jurisdiction under s. 102.17 to resolve a
4dispute between a health service provider and an insurer or self-insured employer
5over the reasonableness of a fee charged by the health service provider for health
6services provided to an injured employee who claims benefits under this chapter. A
7health service provider may not submit a fee dispute to the department under this
8subsection before all treatment by the health service provider of the employee's
9injury has ended if the amount in controversy, whether based on a single charge or
10a combination of charges for one or more days of service, is less than $25. After all
11treatment by a health service provider of an employee's injury has ended, the health
12service provider may submit any fee dispute to the department, regardless of the
13amount in controversy. The department shall deny payment of a health service fee
14that the department determines under this subsection to be unreasonable.
SB673,43 15Section 43. 102.16 (2) (b) of the statutes is amended to read:
SB673,21,2316 102.16 (2) (b) An insurer or self-insured employer that disputes the
17reasonableness of a fee charged by a health service provider or the department or the
18division
under sub. (1m) (a) or s. 102.18 (1) (bg) 1. shall provide reasonable written
19notice to the health service provider that the fee is being disputed. After receiving
20reasonable written notice under this paragraph or under sub. (1m) (a) or s. 102.18
21(1) (bg) 1. that a health service fee is being disputed, a health service provider may
22not collect the disputed fee from, or bring an action for collection of the disputed fee
23against, the employee who received the services for which the fee was charged.
SB673,44 24Section 44. 102.16 (2m) (a) of the statutes is amended to read:
SB673,22,14
1102.16 (2m) (a) Except as provided in this paragraph, the department has
2jurisdiction under this subsection, the department and the division have jurisdiction
3under
sub. (1m) (b), and the division has jurisdiction under s. 102.17 to resolve a
4dispute between a health service provider and an insurer or self-insured employer
5over the necessity of treatment provided for an injured employee who claims benefits
6under this chapter. A health service provider may not submit a dispute over
7necessity of treatment to the department under this subsection before all treatment
8by the health service provider of the employee's injury has ended if the amount in
9controversy, whether based on a single charge or a combination of charges for one or
10more days of service, is less than $25. After all treatment by a health service provider
11of an employee's injury has ended, the health service provider may submit any
12dispute over necessity of treatment to the department, regardless of the amount in
13controversy. The department shall deny payment for any treatment that the
14department determines under this subsection to be unnecessary.
SB673,45 15Section 45. 102.16 (2m) (b) of the statutes is amended to read:
SB673,22,2416 102.16 (2m) (b) An insurer or self-insured employer that disputes the
17necessity of treatment provided by a health service provider or the department or the
18division
under sub. (1m) (b) or s. 102.18 (1) (bg) 2. shall provide reasonable written
19notice to the health service provider that the necessity of that treatment is being
20disputed. After receiving reasonable written notice under this paragraph or under
21sub. (1m) (b) or s. 102.18 (1) (bg) 2. that the necessity of treatment is being disputed,
22a health service provider may not collect a fee for that disputed treatment from, or
23bring an action for collection of the fee for that disputed treatment against, the
24employee who received the treatment.
SB673,46 25Section 46. 102.16 (4) of the statutes is amended to read:
SB673,23,8
1102.16 (4) The department and the division have has jurisdiction to pass on any
2question arising out of sub. (3) and to order the employer to reimburse an employee
3or other person for any sum deducted from wages or paid by him or her in violation
4of that subsection. In addition to the penalty provided in s. 102.85 (1), any employer
5violating sub. (3) shall be liable to an injured employee for the reasonable value of
6the necessary services rendered to that employee under any arrangement made in
7violation of sub. (3) without regard to that employee's actual disbursements for those
8services.
SB673,47 9Section 47. 102.17 (1) (a) 1. of the statutes is amended to read:
SB673,23,1510 102.17 (1) (a) 1. Upon the filing with the department by any party in interest
11of any application in writing stating the general nature of any claim as to which any
12dispute or controversy may have arisen, the department shall mail a copy of the
13application to all other parties in interest, and the insurance carrier shall be
14considered a party in interest. The department or the division may bring in
15additional parties by service of a copy of the application.
SB673,48 16Section 48. 102.17 (1) (a) 2. of the statutes is amended to read:
SB673,24,217 102.17 (1) (a) 2. Subject to subd. 3., the division department shall cause notice
18of hearing on the application to be given to each interested party by service of that
19notice on the interested party personally or by mailing a copy of that notice to the
20interested party's last-known address at least 10 days before the hearing. If a party
21in interest is located without this state, and has no post-office address within this
22state, the copy of the application and copies of all notices shall be filed with the
23department of financial institutions and shall also be sent by registered or certified
24mail to the last-known post-office address of the party. Such filing and mailing shall

1constitute sufficient service, with the same effect as if served upon a party located
2within this state.
SB673,49 3Section 49. 102.17 (1) (a) 3. of the statutes is amended to read:
SB673,24,84 102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has
5acted with malice or bad faith as described in s. 102.18 (1) (b) 3. or (bp), that party
6shall provide written notice stating with reasonable specificity the basis for the claim
7to the employer, the insurer, and the department, and the division before the division
8department schedules a hearing on the claim of malice or bad faith.
SB673,50 9Section 50. 102.17 (1) (a) 4. of the statutes is amended to read:
SB673,24,1810 102.17 (1) (a) 4. The hearing may be adjourned in the discretion of the division
11department, and hearings may be held at such places as the division department
12designates, within or without the state. The division department may also arrange
13to have hearings held by the commission, officer, or tribunal having authority to hear
14cases arising under the worker's compensation law of any other state, of the District
15of Columbia, or of any territory of the United States, with the testimony and
16proceedings at any such hearing to be reported to the division department and to be
17made part of the record in the case. Any evidence so taken shall be subject to rebuttal
18upon final hearing before the division department.
SB673,51 19Section 51. 102.17 (1) (b) of the statutes is amended to read:
SB673,25,820 102.17 (1) (b) In any dispute or controversy pending before the division
21department, the division department may direct the parties to appear before an
22examiner for a conference to consider the clarification of issues, the joining of
23additional parties, the necessity or desirability of amendments to the pleadings, the
24obtaining of admissions of fact or of documents, records, reports, and bills that may
25avoid unnecessary proof, and such other matters as may aid in disposition of the

1dispute or controversy. After that conference the division department may issue an
2order requiring disclosure or exchange of any information or written material that
3the division department considers material to the timely and orderly disposition of
4the dispute or controversy. If a party fails to disclose or exchange that information
5within the time stated in the order, the division department may issue an order
6dismissing the claim without prejudice or excluding evidence or testimony relating
7to the information or written material. The division department shall provide each
8party with a copy of any order issued under this paragraph.
SB673,52 9Section 52. 102.17 (1) (c) 1. of the statutes is amended to read:
SB673,25,2310 102.17 (1) (c) 1. Any party shall have the right to be present at any hearing,
11in person or by attorney or any other agent, and to present such testimony as may
12be pertinent to the controversy before the division department. No person, firm, or
13corporation, other than an attorney at law who is licensed to practice law in the state,
14may appear on behalf of any party in interest before the division department or any
15member or employee of the division department assigned to conduct any hearing,
16investigation, or inquiry relative to a claim for compensation or benefits under this
17chapter, unless the person is 18 years of age or older, does not have an arrest or
18conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified,
19and has obtained from the department a license with authorization to appear in
20matters or proceedings before the division department. Except as provided under
21pars. (cm), (cr), and (ct), the license shall be issued by the department under rules
22promulgated by the department. The department shall maintain in its office a
23current list of persons to whom licenses have been issued.
SB673,53 24Section 53. 102.17 (1) (d) 1. of the statutes is amended to read:
SB673,26,20
1102.17 (1) (d) 1. The contents of certified medical and surgical reports by
2physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
3advanced practice nurse prescribers, and chiropractors licensed in and practicing in
4this state, and of certified reports by experts concerning loss of earning capacity
5under s. 102.44 (2) and (3), presented by a party for compensation constitute prima
6facie evidence as to the matter contained in those reports, subject to any rules and
7limitations the division department prescribes. Certified reports of physicians,
8podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
9practice nurse prescribers, and chiropractors, wherever licensed and practicing, who
10have examined or treated the claimant, and of experts, if the practitioner or expert
11consents to being subjected to cross-examination, also constitute prima facie
12evidence as to the matter contained in those reports. Certified reports of physicians,
13podiatrists, surgeons, psychologists, and chiropractors are admissible as evidence of
14the diagnosis, necessity of the treatment, and cause and extent of the disability.
15Certified reports by doctors of dentistry, physician assistants, and advanced practice
16nurse prescribers are admissible as evidence of the diagnosis and necessity of
17treatment but not of the cause and extent of disability. Any physician, podiatrist,
18surgeon, dentist, psychologist, chiropractor, physician assistant, advanced practice
19nurse prescriber, or expert who knowingly makes a false statement of fact or opinion
20in a certified report may be fined or imprisoned, or both, under s. 943.395.
SB673,54 21Section 54. 102.17 (1) (d) 2. of the statutes is amended to read:
SB673,27,422 102.17 (1) (d) 2. The record of a hospital or sanatorium in this state that is
23satisfactory to the division department, established by certificate, affidavit, or
24testimony of the supervising officer of the hospital or sanatorium, any other person
25having charge of the record, or a physician, podiatrist, surgeon, dentist, psychologist,

1physician assistant, advanced practice nurse prescriber, or chiropractor to be the
2record of the patient in question, and made in the regular course of examination or
3treatment of the patient, constitutes prima facie evidence as to the matter contained
4in the record, to the extent that the record is otherwise competent and relevant.
SB673,55 5Section 55. 102.17 (1) (d) 3. of the statutes is amended to read:
SB673,27,136 102.17 (1) (d) 3. The division department may, by rule, establish the
7qualifications of and the form used for certified reports submitted by experts who
8provide information concerning loss of earning capacity under s. 102.44 (2) and (3).
9The division department may not admit into evidence a certified report of a
10practitioner or other expert or a record of a hospital or sanatorium that was not filed
11with the division department and all parties in interest at least 15 days before the
12date of the hearing, unless the division department is satisfied that there is good
13cause for the failure to file the report.
SB673,56 14Section 56. 102.17 (1) (d) 4. of the statutes is amended to read:
SB673,27,1715 102.17 (1) (d) 4. A report or record described in subd. 1., 2., or 3. that is admitted
16or received into evidence by the division department constitutes substantial
17evidence under s. 102.23 (6) as to the matter contained in the report or record.
SB673,57 18Section 57. 102.17 (1) (e) of the statutes is amended to read:
SB673,28,219 102.17 (1) (e) The division department may, with or without notice to any party,
20cause testimony to be taken, an inspection of the premises where the injury occurred
21to be made, or the time books and payrolls of the employer to be examined by any
22examiner, and may direct any employee claiming compensation to be examined by
23a physician, chiropractor, psychologist, dentist, or podiatrist. The testimony so
24taken, and the results of any such inspection or examination, shall be reported to the
25division department for its consideration upon final hearing. All ex parte testimony

1taken by the division department shall be reduced to writing, and any party shall
2have opportunity to rebut that testimony on final hearing.
SB673,58 3Section 58. 102.17 (1) (f) 1. of the statutes is amended to read:
SB673,28,44 102.17 (1) (f) 1. Beyond reach of the subpoena of the division department.
SB673,59 5Section 59. 102.17 (1) (g) of the statutes is amended to read:
SB673,28,186 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a
7dispute or creates a doubt as to the extent or cause of disability or death, the division
8department may direct that the injured employee be examined, that an autopsy be
9performed, or that an opinion be obtained without examination or autopsy, by or from
10an impartial, competent physician, chiropractor, dentist, psychologist or podiatrist
11designated by the division department who is not under contract with or regularly
12employed by a compensation insurance carrier or self-insured employer. The
13expense of the examination, autopsy, or opinion shall be paid by the employer or, if
14the employee claims compensation under s. 102.81, from the uninsured employers
15fund. The report of the examination, autopsy, or opinion shall be transmitted in
16writing to the division department and a copy of the report shall be furnished by the
17division department to each party, who shall have an opportunity to rebut the report
18on further hearing.
SB673,60 19Section 60. 102.17 (1) (h) of the statutes is amended to read:
SB673,29,220 102.17 (1) (h) The contents of certified reports of investigation made by
21industrial safety specialists who are employed, contracted, or otherwise secured by
22the department or the division and who are available for cross-examination, if
23served upon the parties 15 days prior to hearing, shall constitute prima facie
24evidence as to matter contained in those reports. A report described in this
25paragraph that is admitted or received into evidence by the division department

1constitutes substantial evidence under s. 102.23 (6) as to the matter contained in the
2report.
SB673,61 3Section 61. 102.17 (2) of the statutes is amended to read:
SB673,29,124 102.17 (2) If the division department has reason to believe that the payment
5of compensation has not been made, the division department may on its own motion
6give notice to the parties, in the manner provided for the service of an application,
7of a time and place when a hearing will be held for the purpose of determining the
8facts. The notice shall contain a statement of the matter to be considered. All
9provisions of this chapter governing proceedings on an application shall apply,
10insofar as applicable, to a proceeding under this subsection. When the division
11department schedules a hearing on its own motion, the division department does not
12become a party in interest and is not required to appear at the hearing.
SB673,62 13Section 62. 102.17 (2m) of the statutes is amended to read:
SB673,29,1914 102.17 (2m) The division or any Any party, including the department, may
15require any person to produce books, papers, and records at the hearing by personal
16service of a subpoena upon the person along with a tender of witness fees as provided
17in ss. 814.67 and 885.06. Except as provided in sub. (2s), the subpoena shall be on
18a form provided by the division department and shall give the name and address of
19the party requesting the subpoena.
SB673,63 20Section 63. 102.17 (2s) of the statutes is amended to read:
SB673,30,221 102.17 (2s) A party's attorney of record may issue a subpoena to compel the
22attendance of a witness or the production of evidence. A subpoena issued by an
23attorney must be in substantially the same form as provided in s. 805.07 (4) and must
24be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of

1issuance, send a copy of the subpoena to the hearing examiner or other
2representative of the division department responsible for conducting the proceeding.
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