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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:
SB673,42,5
1102.23 (5) When an action for review involves only the question of liability as
2between the employer and one or more insurance companies or as between several
3insurance companies, a party that has been ordered by the department, the division,
4the commission, or a court to pay compensation is not relieved from paying
5compensation as ordered.
SB673,93 6Section 93. 102.24 (2) of the statutes is amended to read:
SB673,42,157 102.24 (2) After the commencement of an action to review any order or award
8of the commission, the parties may have the record remanded by the court for such
9time and under such condition as the parties may provide, for the purpose of having
10the department or the division act upon the question of approving or disapproving
11any settlement or compromise that the parties may desire to have so approved. If
12approved, the action shall be at an end and judgment may be entered upon the
13approval as upon an award. If not approved, the department or the division shall
14immediately return the record to the circuit court and the action shall proceed as if
15no remand had been made.
SB673,94 16Section 94. 102.25 (1) of the statutes is amended to read:
SB673,43,317 102.25 (1) Any party aggrieved by a judgment entered upon the review of any
18order or award may appeal the judgment within the period specified in s. 808.04 (1).
19A trial court may not require the commission or any party to the action to execute,
20serve, or file an undertaking under s. 808.07 or to serve, or secure approval of, a
21transcript of the notes of the stenographic reporter or the tape of the recording
22machine. The state is a party aggrieved under this subsection if a judgment is
23entered upon the review confirming any order or award against the state. At any
24time before the case is set down for hearing in the court of appeals or the supreme
25court, the parties may have the record remanded by the court to the department or

1the division
in the same manner and for the same purposes as provided for
2remanding from the circuit court to the department or the division under s. 102.24
3(2).
SB673,95 4Section 95. 102.26 (2) of the statutes is amended to read:
SB673,43,175 102.26 (2) Unless previously authorized by the department or the division, no
6fee may be charged or received for the enforcement or collection of any claim for
7compensation nor may any contract for that enforcement or collection be enforceable
8when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that
9enforcement or collection, exceeds 20 percent of the amount at which the claim is
10compromised or of the amount awarded, adjudged, or collected, except that in cases
11of admitted liability in which there is no dispute as to the amount of compensation
12due and in which no hearing or appeal is necessary, the fee charged may not exceed
1310 percent, but not to exceed $250, of the amount at which the claim is compromised
14or of the amount awarded, adjudged, or collected. The limitation as to fees shall
15apply to the combined charges of attorneys, solicitors, representatives, and adjusters
16who knowingly combine their efforts toward the enforcement or collection of any
17compensation claim.
SB673,96 18Section 96. 102.26 (3) (b) 1. of the statutes is amended to read:
SB673,43,2219 102.26 (3) (b) 1. Subject to sub. (2), upon application of any interested party,
20the department or the division may fix the fee of the claimant's attorney or
21representative and provide in the award for that fee to be paid directly to the attorney
22or representative.
SB673,97 23Section 97. 102.26 (3) (b) 3. of the statutes is amended to read:
SB673,44,624 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer
25to pay any compensation that is due the claimant by depositing the payment directly

1into an account maintained by the claimant at a financial institution. If the insurer
2or self-insured employer agrees to the request, the insurer or self-insured employer
3may deposit the payment by direct deposit, electronic funds transfer, or any other
4money transfer technique approved by the department or the division. The claimant
5may revoke a request under this subdivision at any time by providing appropriate
6written notice to the insurer or self-insured employer.
SB673,98 7Section 98. 102.26 (4) of the statutes is amended to read:
SB673,44,128 102.26 (4) Any attorney or other person who charges or receives any fee in
9violation of this section may be required to forfeit double the amount retained by the
10attorney or other person, which forfeiture shall be collected by the state in an action
11in debt upon complaint of the department or the division. Out of the sum recovered
12the court shall direct payment to the injured party of the amount of the overcharge.
SB673,99 13Section 99. 102.27 (2) (b) of the statutes is amended to read:
SB673,44,2314 102.27 (2) (b) If a governmental unit provides public assistance under ch. 49
15to pay medical costs or living expenses related to a claim under this chapter and if
16the governmental unit has given the parties to the claim written notice stating that
17the governmental unit provided the assistance and the cost of that assistance, the
18department or the division shall order the employer or insurance carrier owing
19compensation to reimburse that governmental unit for the amount of assistance the
20governmental unit provided or two-thirds of the amount of the award or payment
21remaining after deduction of attorney fees and any other fees or costs chargeable
22under ch. 102, whichever is less. The department shall comply with this paragraph
23when making payments under s. 102.81.
SB673,100 24Section 100. 102.28 (3) (c) of the statutes is amended to read:
SB673,45,16
1102.28 (3) (c) An employee who has signed a waiver under par. (a) 1. and an
2affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the
3employer would be liable for under s. 102.03, who at the time of the injury was a
4member of a religious sect whose authorized representative has filed an affidavit
5under par. (a) 3. and an agreement under par. (a) 4., and who as a result of the injury
6becomes dependent on the religious sect for financial and medical assistance, or the
7employee's dependent, may request a hearing under s. 102.17 (1) to determine if the
8religious sect has provided the employee and his or her dependents with a standard
9of living and medical treatment that are reasonable when compared to the general
10standard of living and medical treatment for members of the religious sect. If, after
11hearing, the division department determines that the religious sect has not provided
12that standard of living or medical treatment, or both, the division department may
13order the religious sect to provide alternative benefits to that employee or his or her
14dependent, or both, in an amount that is reasonable under the circumstances, but
15not in excess of the benefits that the employee or dependent could have received
16under this chapter but for the waiver under par. (a) 1.
SB673,101 17Section 101. 102.28 (4) (c) of the statutes is amended to read:
SB673,45,2118 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not
19requested, the division department may issue an order to an employer to cease
20operations on a finding that the employer is an uninsured employer. If no hearing
21is requested, the department may issue such an order.
SB673,102 22Section 102. 102.29 (1) (b) (intro.) of the statutes is amended to read:
SB673,46,823 102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the
24department shall become the agent of that party for the giving of a notice as required
25in par. (a) and the notice, when given to the department, shall include an affidavit

1setting forth the facts, including the steps taken to locate that party. Each party shall
2have an equal voice in the prosecution of the claim, and any disputes arising shall
3be passed upon by the court before whom the case is pending, and if no action is
4pending, then by a court of record or by the department or the division. If notice is
5given as provided in par. (a), the liability of the tort-feasor shall be determined as
6to all parties having a right to make claim and, irrespective of whether or not all
7parties join in prosecuting the claim, the proceeds of the claim shall be divided as
8follows:
SB673,103 9Section 103. 102.29 (1) (c) of the statutes is amended to read:
SB673,46,1510 102.29 (1) (c) If both the employee or the employee's personal representative
11or other person entitled to bring action, and the employer, compensation insurer, or
12department, join in the pressing of said claim and are represented by counsel, the
13attorney fees allowed as a part of the costs of collection shall be, unless otherwise
14agreed upon, divided between the attorneys for those parties as directed by the court
15or by the department or the division.
SB673,104 16Section 104. 102.29 (1) (d) of the statutes is amended to read:
SB673,46,2017 102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the
18settlement and the distribution of the proceeds of the settlement are approved by the
19court before whom the action is pending or, if no action is pending, then by a court
20of record or by the department or the division.
SB673,105 21Section 105. 102.29 (6m) (a) 1m. of the statutes is created to read:
SB673,46,2322 102.29 (6m) (a) 1m. The employee leasing company that employs the leased
23employee.
SB673,106 24Section 106 . 102.29 (6m) (a) 3. of the statutes is amended to read:
SB673,47,7
1102.29 (6m) (a) 3. Any employee of the client, the employee leasing company
2that employs the leased employee,
or of that other an employee leasing company
3described in subd. 2., unless the leased employee who has the right to make a claim
4for compensation would have a right under s. 102.03 (2) to bring an action against
5the employee of the client, the employee leasing company that employs the leased
6employee,
or the leased employee of the other employee leasing company described
7in subd. 2.,
if the employees and leased employees were coemployees.
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