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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.
SB673,64 3Section 64 . 102.17 (4) of the statutes is renumbered 102.17 (4) (a) and
4amended to read:
SB673,30,125 102.17 (4) (a) Except as provided in this subsection and s. 102.555 (12) (b), in
6the case of occupational disease, the right of an employee, the employee's legal
7representative, or a dependent, the employee's employer or the employer's insurance
8company, or other named party
to proceed under this section shall not extend beyond
912 years after the date of the injury or death or after the date that compensation,
10other than for treatment or burial expenses, was last paid, or would have been last
11payable if no advancement were made, whichever date is latest, and in the case of
12traumatic injury, that right shall not extend beyond 6 years after that date.
SB673,30,25 13(b) In the case of occupational disease; a traumatic injury resulting in the loss
14or total impairment of a hand or any part of the rest of the arm proximal to the hand
15or of a foot or any part of the rest of the leg proximal to the foot, any loss of vision,
16or any permanent brain injury; or a traumatic injury causing the need for an
17artificial spinal disc or a total or partial knee or hip replacement, there shall be no
18statute of limitations, except that benefits or treatment expense for an occupational
19disease becoming due 12 years after the date of injury or death or last payment of
20compensation, other than for treatment or burial expenses, shall be paid from the
21work injury supplemental benefit fund under s. 102.65 and in the manner provided
22in s. 102.66 and benefits or treatment expense for such a traumatic injury becoming
23due 6 years after that date shall be paid from that fund and in that manner if the date
24of injury or death or last payment of compensation, other than for treatment or burial
25expenses, is before April 1, 2006.
SB673,31,4
1(c) Payment of wages by the employer during disability or absence from work
2to obtain treatment shall be considered payment of compensation for the purpose of
3this section if the employer knew of the employee's condition and its alleged relation
4to the employment.
SB673,65 5Section 65. 102.17 (7) (b) of the statutes is amended to read:
SB673,31,176 102.17 (7) (b) Except as provided in par. (c), the division department shall
7exclude from evidence testimony or certified reports from expert witnesses under
8par. (a) offered by the party that raises the issue of loss of earning capacity if that
9party failed to notify the division department and the other parties of interest, at
10least 60 days before the date of the hearing, of the party's intent to provide the
11testimony or reports and of the names of the expert witnesses involved. Except as
12provided in par. (c), the division department shall exclude from evidence testimony
13or certified reports from expert witnesses under par. (a) offered by a party of interest
14in response to the party that raises the issue of loss of earning capacity if the
15responding party failed to notify the division department and the other parties of
16interest, at least 45 days before the date of the hearing, of the party's intent to provide
17the testimony or reports and of the names of the expert witnesses involved.
SB673,66 18Section 66. 102.17 (7) (c) of the statutes is amended to read:
SB673,31,2319 102.17 (7) (c) Notwithstanding the notice deadlines provided in par. (b), the
20division department may receive in evidence testimony or certified reports from
21expert witnesses under par. (a) when the applicable notice deadline under par. (b) is
22not met if good cause is shown for the delay in providing the notice required under
23par. (b) and if no party is prejudiced by the delay.
SB673,67 24Section 67. 102.17 (8) of the statutes is amended to read:
SB673,32,14
1102.17 (8) Unless otherwise agreed to by all parties, an injured employee shall
2file with the division department and serve on all parties at least 15 days before the
3date of the hearing an itemized statement of all medical expenses and incidental
4compensation under s. 102.42 claimed by the injured employee. The itemized
5statement shall include, if applicable, information relating to any travel expenses
6incurred by the injured employee in obtaining treatment including the injured
7employee's destination, number of trips, round trip mileage, and meal and lodging
8expenses. The division department may not admit into evidence any information
9relating to medical expenses and incidental compensation under s. 102.42 claimed
10by an injured employee if the injured employee failed to file with the division
11department and serve on all parties at least 15 days before the date of the hearing
12an itemized statement of the medical expenses and incidental compensation under
13s. 102.42 claimed by the injured employee, unless the division department is satisfied
14that there is good cause for the failure to file and serve the itemized statement.
SB673,68 15Section 68. 102.17 (9) of the statutes is created to read:
SB673,32,1616 102.17 (9) (a) In this subsection:
SB673,32,1917 1. “Fire fighter" means any person employed on a full-time basis by the state
18or any political subdivision as a member or officer of a fire department, including the
19first class cities and state fire marshal and deputies.
SB673,32,2220 2. “Post-traumatic stress disorder” means that condition, as described in the
215th edition of the Diagnostic and Statistical Manual of Mental Disorders by the
22American Psychiatric Association.
SB673,33,223 (b) In the case of a mental injury that is not accompanied by a physical injury
24and that results in a diagnosis of post-traumatic stress disorder in a law enforcement
25officer, as defined in s. 23.33 (1) (ig), or a fire fighter, the claim for compensation for

1the mental injury, in order to be compensable under this chapter, is subject to all of
2the following:
SB673,33,33 1. The mental injury must satisfy all of the following conditions:
SB673,33,54 a. The diagnosis of post-traumatic stress disorder is made by a licensed
5psychiatrist or psychologist.
SB673,33,76 b. The conditions of liability under s. 102.03 (1) are proven by the
7preponderance of the evidence.
SB673,33,98 2. The mental injury may not be a result of any of the following actions taken
9in good faith by the employer:
SB673,33,1010 a. A disciplinary action.
SB673,33,1111 b. A work evaluation.
SB673,33,1212 c. A job transfer.
SB673,33,1313 d. A layoff.
SB673,33,1414 e. A demotion.
SB673,33,1515 f. A termination.
SB673,33,1816 3. The diagnosis does not need to be based on unusual stress of greater
17dimensions than the day-to-day emotional strain and tension experienced by
18similarly situated employees.
SB673,69 19Section 69. 102.175 (2) of the statutes is amended to read:
SB673,34,220 102.175 (2) If after a hearing or a prehearing conference the division
21department determines that an injured employee is entitled to compensation but
22that there remains in dispute only the issue of which of 2 or more parties is liable for
23that compensation, the division department may order one or more parties to pay
24compensation in an amount, time, and manner as determined by the division
25department. If the division department later determines that another party is liable

1for compensation, the division department shall order that other party to reimburse
2any party that was ordered to pay compensation under this subsection.
SB673,70 3Section 70. 102.175 (3) (c) of the statutes is amended to read:
SB673,34,84 102.175 (3) (c) Upon request of the department, the division, the employer, or
5the employer's worker's compensation insurer, an injured employee who claims
6compensation for an injury causing permanent disability shall disclose all previous
7findings of permanent disability or other impairments that are relevant to that
8injury.
SB673,71 9Section 71. 102.18 (1) (b) 1. of the statutes is amended to read:
SB673,34,1610 102.18 (1) (b) 1. Within 90 days after the final hearing and close of the record,
11the division department shall make and file its findings upon the ultimate facts
12involved in the controversy, and its order, which shall state the division's
13department's determination as to the rights of the parties. Pending the final
14determination of any controversy before it, the division department, after any
15hearing, may, in its discretion, make interlocutory findings, orders, and awards,
16which may be enforced in the same manner as final awards.
SB673,72 17Section 72. 102.18 (1) (b) 2. of the statutes is amended to read:
SB673,34,2318 102.18 (1) (b) 2. The division department may include in any interlocutory or
19final award or order an order directing the employer or insurer to pay for any future
20treatment that may be necessary to cure and relieve the employee from the effects
21of the injury or to pay for a future course of instruction or other rehabilitation
22training services provided under a rehabilitation training program developed under
23s. 102.61 (1) or (1m).
SB673,73 24Section 73. 102.18 (1) (b) 3. of the statutes is amended to read:
SB673,35,5
1102.18 (1) (b) 3. If the division department finds that the employer or insurer
2has not paid any amount that the employer or insurer was directed to pay in any
3interlocutory order or award and that the nonpayment was not in good faith, the
4division department may include in its final award a penalty not exceeding 25
5percent of each amount that was not paid as directed.
SB673,74 6Section 74. 102.18 (1) (bg) 1. of the statutes is amended to read:
SB673,35,157 102.18 (1) (bg) 1. If the division department finds under par. (b) that an insurer
8or self-insured employer is liable under this chapter for any health services provided
9to an injured employee by a health service provider, but that the reasonableness of
10the fee charged by the health service provider is in dispute, the division department
11may include in its order under par. (b) a determination made by the department
12under s. 102.16 (2) as to the reasonableness of the fee or, if such a determination has
13not yet been made, the division department may notify, or direct the insurer or
14self-insured employer to notify, the health service provider under s. 102.16 (2) (b)
15that the reasonableness of the fee is in dispute.
SB673,75 16Section 75. 102.18 (1) (bg) 2. of the statutes is amended to read:
SB673,35,2517 102.18 (1) (bg) 2. If the division department finds under par. (b) that an
18employer or insurance carrier is liable under this chapter for any treatment provided
19to an injured employee by a health service provider, but that the necessity of the
20treatment is in dispute, the division department may include in its order under par.
21(b) a determination made by the department under s. 102.16 (2m) as to the necessity
22of the treatment or, if such a determination has not yet been made, the division
23department may notify, or direct the employer or insurance carrier to notify, the
24health service provider under s. 102.16 (2m) (b) that the necessity of the treatment
25is in dispute.
SB673,76
1Section 76. 102.18 (1) (bg) 3. of the statutes is amended to read:
SB673,36,122 102.18 (1) (bg) 3. If the division department finds under par. (b) that an insurer
3or self-insured employer is liable under this chapter for the cost of a prescription
4drug dispensed under s. 102.425 (2) for outpatient use by an injured employee, but
5that the reasonableness of the amount charged for that prescription drug is in
6dispute, the division department may include in its order under par. (b) a
7determination made by the department under s. 102.425 (4m) as to the
8reasonableness of the prescription drug charge or, if such a determination has not
9yet been made, the division department may notify, or direct the insurer or
10self-insured employer to notify, the pharmacist or practitioner dispensing the
11prescription drug under s. 102.425 (4m) (b) that the reasonableness of the
12prescription drug charge is in dispute.
SB673,77 13Section 77. 102.18 (1) (bp) of the statutes is amended to read:
SB673,37,414 102.18 (1) (bp) If the division department determines that the employer or
15insurance carrier suspended, terminated, or failed to make payments or failed to
16report an injury as a result of malice or bad faith, the division department may
17include a penalty in an award to an employee for each event or occurrence of malice
18or bad faith. That penalty is the exclusive remedy against an employer or insurance
19carrier for malice or bad faith. If the penalty is imposed for an event or occurrence
20of malice or bad faith that causes a payment that is due an injured employee to be
21delayed in violation of s. 102.22 (1) or overdue in violation of s. 628.46 (1), the division
22department may not also order an increased payment under s. 102.22 (1) or the
23payment of interest under s. 628.46 (1). The division department may award an
24amount that the division department considers just, not to exceed the lesser of 200
25percent of total compensation due or $30,000 for each event or occurrence of malice

1or bad faith. The division department may assess the penalty against the employer,
2the insurance carrier, or both. Neither the employer nor the insurance carrier is
3liable to reimburse the other for the penalty amount. The division department may,
4by rule, define actions that demonstrate malice or bad faith.
SB673,78 5Section 78. 102.18 (1) (bw) of the statutes is amended to read:
SB673,37,126 102.18 (1) (bw) If an insurer, a self-insured employer, or, if applicable, the
7uninsured employers fund pays compensation to an employee in excess of its liability
8and another insurer or self-insured employer is liable for all or part of the excess
9payment, the department or the division may order the insurer or self-insured
10employer that is liable for that excess payment to reimburse the insurer or
11self-insured employer that made the excess payment or, if applicable, the uninsured
12employers fund.
SB673,79 13Section 79. 102.18 (1) (c) of the statutes is amended to read:
SB673,37,2014 102.18 (1) (c) If 2 or more examiners have conducted a formal hearing on a claim
15and are unable to agree on the order or award to be issued, the decision shall be the
16decision of the majority. If the examiners are equally divided on the decision, the
17division department may appoint an additional examiner who shall review the
18record and consult with the other examiners concerning their impressions of the
19credibility of the evidence. Findings of fact and an order or award may then be issued
20by a majority of the examiners.
SB673,80 21Section 80. 102.18 (1) (e) of the statutes is amended to read:
SB673,38,322 102.18 (1) (e) Except as provided in s. 102.21, if the department or the division
23orders a party to pay an award of compensation, the party shall pay the award no
24later than 21 days after the date on which the order is mailed to the last-known
25address of the party, unless the party files a petition for review under sub. (3). This

1paragraph applies to all awards of compensation ordered by the department or the
2division
, whether the award results from a hearing, the default of a party, or a
3compromise or stipulation confirmed by the department or the division.
SB673,81 4Section 81. 102.18 (2) of the statutes is repealed and recreated to read:
SB673,38,105 102.18 (2) The department shall have and maintain on its staff such examiners
6as are necessary to hear and decide claims and to assist in the effective
7administration of this chapter. Those examiners shall be attorneys and may be
8designated as administrative law judges. Those examiners may make findings and
9orders and may approve, review, set aside, modify, or confirm stipulations of
10settlement or compromises of claims for compensation.
SB673,82 11Section 82. 102.18 (3) of the statutes is amended to read:
SB673,39,312 102.18 (3) A party in interest may petition the commission for review of an
13examiner's decision awarding or denying compensation if the department, the
14division,
or the commission receives the petition within 21 days after the department
15or the division mailed a copy of the examiner's findings and order to the last-known
16addresses of the parties in interest. The commission shall dismiss a petition that is
17not filed within those 21 days unless the petitioner shows that the petition was filed
18late for a reason that was beyond the petitioner's control. If no petition is filed within
19those 21 days, the findings or order shall be considered final unless set aside,
20reversed, or modified by the examiner within that time. If the findings or order are
21set aside by the examiner, the status shall be the same as prior to the setting aside
22of
the findings or order that were set aside. If the findings or order are reversed or
23modified by the examiner, the time for filing a petition commences on the date on
24which notice of the reversal or modification is mailed to the last-known addresses
25of the parties in interest. The commission shall either affirm, reverse, set aside, or

1modify the findings or order, in whole or in part, or direct the taking of additional
2evidence. The commission's action shall be based on a review of the evidence
3submitted.
SB673,83 4Section 83. 102.18 (4) (c) 3. of the statutes is amended to read:
SB673,39,65 102.18 (4) (c) 3. Remand the case to the department or the division for further
6proceedings.
SB673,84 7Section 84. 102.18 (4) (d) of the statutes is amended to read:
SB673,39,148 102.18 (4) (d) While a petition for review by the commission is pending or after
9entry of an order or award by the commission but before commencement of an action
10for judicial review or expiration of the period in which to commence an action for
11judicial review, the commission shall remand any compromise presented to it to the
12department or the division for consideration and approval or rejection under s.
13102.16 (1). Presentation of a compromise does not affect the period in which to
14commence an action for judicial review.
SB673,85 15Section 85. 102.18 (5) of the statutes is amended to read:
SB673,39,2516 102.18 (5) If it appears to the division department that a mistake may have
17been made as to cause of injury in the findings, order, or award upon an alleged injury
18based on accident, when in fact the employee was suffering from an occupational
19disease, within 3 years after the date of the findings, order, or award the division
20department may, upon its own motion, with or without hearing, set aside the
21findings, order or award, or the division department may take that action upon
22application made within those 3 years. After an opportunity for hearing, the division
23department may, if in fact the employee is suffering from disease arising out of the
24employment, make new findings, and a new order or award, or the division
25department may reinstate the previous findings, order, or award.
SB673,86
1Section 86. 102.18 (6) of the statutes is amended to read:
SB673,40,62 102.18 (6) In case of disease arising out of employment, the division
3department may from time to time review its findings, order, or award, and make
4new findings, or a new order or award, based on the facts regarding disability or
5otherwise as those facts may appear at the time of the review. This subsection shall
6not affect the application of the limitation in s. 102.17 (4).
SB673,87 7Section 87. 102.195 of the statutes is amended to read:
SB673,40,14 8102.195 Employees confined in institutions; payment of benefits. In
9case an employee is adjudged mentally ill or incompetent or convicted of a felony, and
10is confined in a public institution and has wholly dependent upon the employee for
11support a person whose dependency is determined as if the employee were deceased,
12compensation payable during the period of the employee's confinement may be paid
13to the employee and the employee's dependents in such manner, for such time, and
14in such amount as the department or division by order provides.
SB673,88 15Section 88. 102.22 (1) of the statutes is amended to read:
SB673,41,616 102.22 (1) If the employer or his or her insurer inexcusably delays in making
17the first payment that is due an injured employee for more than 30 days after the date
18on which the employee leaves work as a result of an injury and if the amount due is
19$500 or more, the payments as to which the delay is found shall be increased by 10
20percent. If the employer or his or her insurer inexcusably delays in making the first
21payment that is due an injured employee for more than 14 days after the date on
22which the employee leaves work as a result of an injury, the payments as to which
23the delay is found may be increased by 10 percent. If the employer or his or her
24insurer inexcusably delays for any length of time in making any other payment that
25is due an injured employee, the payments as to which the delay is found may be

1increased by 10 percent. If the delay is chargeable to the employer and not to the
2insurer, s. 102.62 applies and the relative liability of the parties shall be fixed and
3discharged as provided in that section. The department or the division may also
4order the employer or insurance carrier to reimburse the employee for any finance
5charges, collection charges, or interest that the employee paid as a result of the
6inexcusable delay by the employer or insurance carrier.
SB673,89 7Section 89. 102.22 (2) of the statutes is amended to read:
SB673,41,158 102.22 (2) If any sum that the department or the division orders to be paid is
9not paid when due, that sum shall bear interest at the rate of 10 percent per year.
10The state is liable for interest on awards issued against it under this chapter. The
11department or the division has jurisdiction to issue an award for payment of interest
12under this subsection at any time within one year after the date of its order or, if the
13order is appealed, within one year after final court determination. Interest awarded
14under this subsection becomes due from the date the examiner's order becomes final
15or from the date of a decision by the commission, whichever is later.
SB673,90 16Section 90. 102.23 (2) of the statutes is amended to read:
SB673,41,2017 102.23 (2) Upon the trial of an action for review of an order or award, the court
18shall disregard any irregularity or error of the commission, or the the department,
19or the division unless it is made to affirmatively appear that the plaintiff was
20damaged by that irregularity or error.
SB673,91 21Section 91. 102.23 (3) of the statutes is amended to read:
SB673,41,2422 102.23 (3) The record in any case shall be transmitted to the department or the
23division
within 5 days after expiration of the time for appeal from the order or
24judgment of the court, unless an appeal is taken from that order or judgment.
SB673,92 25Section 92. 102.23 (5) of the statutes is amended to read:
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