SB229: Bill Text

SB229,15,12 102.16 (4) The department and the division have has jurisdiction to pass on any question arising out of sub. (3) and to order the employer to reimburse an employee or other person for any sum deducted from wages or paid by him or her in violation of that subsection. In addition to the penalty provided in s. 102.85 (1), any employer violating sub. (3) shall be liable to an injured employee for the reasonable value of the necessary services rendered to that employee under any arrangement made in violation of sub. (3) without regard to that employee’s actual disbursements for those services.

SB229,29 Section 29. 102.17 (1) (a) 1. of the statutes is amended to read:

SB229,15,19 102.17 (1) (a) 1. Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, the department shall mail a copy of the application to all other parties in interest, and the insurance carrier shall be considered a party in interest. The department or the division may bring in additional parties by service of a copy of the application.

SB229,30 Section 30. 102.17 (1) (a) 2. of the statutes is amended to read:

SB229,16,7 102.17 (1) (a) 2. Subject to subd. 3., the division department shall cause notice of hearing on the application to be given to each interested party by service of that notice on the interested party personally or by mailing a copy of that notice to the interested party’s last-known address at least 10 days before the hearing. If a party in interest is located without this state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed with the department of financial institutions and shall also be sent by registered or certified mail to the last-known post-office address of the party. Such filing and mailing shall constitute sufficient service, with the same effect as if served upon a party located within this state.

SB229,31 Section 31. 102.17 (1) (a) 3. of the statutes is amended to read:

SB229,16,13 102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has acted with malice or bad faith as described in s. 102.18 (1) (b) 3. or (bp), that party shall provide written notice stating with reasonable specificity the basis for the claim to the employer, the insurer, and the department, and the division before the division department schedules a hearing on the claim of malice or bad faith.

SB229,32 Section 32. 102.17 (1) (a) 4. of the statutes is amended to read:

SB229,16,23 102.17 (1) (a) 4. The hearing may be adjourned in the discretion of the division department, and hearings may be held at such places as the division department designates, within or without the state. The division department may also arrange to have hearings held by the commission, officer, or tribunal having authority to hear cases arising under the worker’s compensation law of any other state, of the District of Columbia, or of any territory of the United States, with the testimony and proceedings at any such hearing to be reported to the division department and to be made part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the division department.

SB229,33 Section 33. 102.17 (1) (b) of the statutes is amended to read:

SB229,17,15 102.17 (1) (b) In any dispute or controversy pending before the division department, the division department may direct the parties to appear before an examiner for a conference to consider the clarification of issues, the joining of additional parties, the necessity or desirability of amendments to the pleadings, the obtaining of admissions of fact or of documents, records, reports, and bills that may avoid unnecessary proof, and such other matters as may aid in disposition of the dispute or controversy. After that conference the division department may issue an order requiring disclosure or exchange of any information or written material that the division department considers material to the timely and orderly disposition of the dispute or controversy. If a party fails to disclose or exchange that information within the time stated in the order, the division department may issue an order dismissing the claim without prejudice or excluding evidence or testimony relating to the information or written material. The division department shall provide each party with a copy of any order issued under this paragraph.

SB229,34 Section 34. 102.17 (1) (c) of the statutes is amended to read:

SB229,18,8 102.17 (1) (c) 1. Any party shall have the right to be present at any hearing, in person or by attorney or any other agent, and to present such testimony as may be pertinent to the controversy before the division department. No person, firm, or corporation, other than an attorney at law who is licensed to practice law in the state, may appear on behalf of any party in interest before the division department or any member or employee of the division department assigned to conduct any hearing, investigation, or inquiry relative to a claim for compensation or benefits under this chapter, unless the person is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified, and has obtained from the division department a license with authorization to appear in matters or proceedings before the division department. Except as provided under pars. (cm), (cr), and (ct), the license shall be issued by the division department under rules promulgated by the division department. The division department shall maintain in its office a current list of persons to whom licenses have been issued.

SB229,18,23 2. Any license issued under subd. 1. may be suspended or revoked by the division department for fraud or serious misconduct on the part of an agent, may be denied, suspended, nonrenewed, or otherwise withheld by the division department for failure to pay court-ordered payments as provided in par. (cm) on the part of an agent, and may be denied or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions. Before suspending or revoking the license of the agent on the grounds of fraud or misconduct, the division department shall give notice in writing to the agent of the charges of fraud or misconduct and shall give the agent full opportunity to be heard in relation to those charges. In denying, suspending, restricting, refusing to renew, or otherwise withholding a license for failure to pay court-ordered payments as provided in par. (cm), the division department shall follow the procedure provided in a memorandum of understanding entered into under s. 49.857.

SB229,19,4 3. Unless otherwise suspended or revoked, a license issued under subd. 1. shall be in force from the date of issuance until the June 30 following the date of issuance and may be periodically renewed by the division department, but each renewed license shall expire on the June 30 following the issuance of the renewed license.

SB229,35 Section 35. 102.17 (1) (cg) 1. of the statutes is amended to read:

SB229,19,11 102.17 (1) (cg) 1. Except as provided in subd. 2m., the division department shall require each applicant for a license under par. (c) who is an individual to provide the division department with the applicant’s social security number, and shall require each applicant for a license under par. (c) who is not an individual to provide the division department with the applicant’s federal employer identification number, when initially applying for or applying to renew the license.

SB229,36 Section 36. 102.17 (1) (cg) 2. of the statutes is amended to read:

SB229,19,20 102.17 (1) (cg) 2. If an applicant who is an individual fails to provide the applicant’s social security number to the division department or if an applicant who is not an individual fails to provide the applicant’s federal employer identification number to the division department, the division department may not issue or renew a license under par. (c) to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under subd. 2m.

SB229,37 Section 37. 102.17 (1) (cg) 2m. of the statutes is amended to read:

SB229,20,4 102.17 (1) (cg) 2m. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the division department that the applicant does not have a social security number. The form of the statement shall be prescribed by the division department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.

SB229,38 Section 38. 102.17 (1) (cg) 3. of the statutes is amended to read:

SB229,20,11 102.17 (1) (cg) 3. The division department may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301, the department of workforce development for the sole purpose of requesting certifications under s. 108.227, or the department of children and families for purposes of administering s. 49.22.

SB229,39 Section 39. 102.17 (1) (cr) of the statutes is amended to read:

SB229,20,18 102.17 (1) (cr) The division department shall deny an application for the issuance or renewal of a license under par. (c), or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

SB229,40 Section 40. 102.17 (1) (ct) of the statutes is amended to read:

SB229,21,2 102.17 (1) (ct) The division department shall deny an application for the issuance or renewal of a license under par. (c), or revoke such a license already issued, if the department certifies under s. 108.227 that the applicant or licensee is liable for delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided under s. 108.227 (5) and not as provided in ch. 227.

SB229,41 Section 41. 102.17 (1) (d) 2. and 4. of the statutes are amended to read:

SB229,21,12 102.17 (1) (d) 2. The record of a hospital or sanatorium in this state that is satisfactory to the division department, established by certificate, affidavit, or testimony of the supervising officer of the hospital or sanatorium, any other person having charge of the record, or a physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced practice registered nurse, or chiropractor to be the record of the patient in question, and made in the regular course of examination or treatment of the patient, constitutes prima facie evidence as to the matter contained in the record, to the extent that the record is otherwise competent and relevant.

SB229,21,15 4. A report or record described in subd. 1., 2., or 3. that is admitted or received into evidence by the division department constitutes substantial evidence under s. 102.23 (6) as to the matter contained in the report or record.

SB229,42 Section 42. 102.17 (1) (e) of the statutes is amended to read:

SB229,22,2 102.17 (1) (e) The division department may, with or without notice to any party, cause testimony to be taken, an inspection of the premises where the injury occurred to be made, or the time books and payrolls of the employer to be examined by any examiner, and may direct any employee claiming compensation to be examined by a physician, chiropractor, psychologist, dentist, or podiatrist. The testimony so taken, and the results of any such inspection or examination, shall be reported to the division department for its consideration upon final hearing. All ex parte testimony taken by the division department shall be reduced to writing, and any party shall have opportunity to rebut that testimony on final hearing.

SB229,43 Section 43. 102.17 (1) (f) 1. of the statutes is amended to read:

SB229,22,4 102.17 (1) (f) 1. Beyond reach of the subpoena of the division department.

SB229,44 Section 44. 102.17 (1) (g) of the statutes is amended to read:

SB229,22,18 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a dispute or creates a doubt as to the extent or cause of disability or death, the division department may direct that the injured employee be examined, that an autopsy be performed, or that an opinion be obtained without examination or autopsy, by or from an impartial, competent physician, chiropractor, dentist, psychologist or podiatrist designated by the division department who is not under contract with or regularly employed by a compensation insurance carrier or self- insured employer. The expense of the examination, autopsy, or opinion shall be paid by the employer or, if the employee claims compensation under s. 102.81, from the uninsured employers fund. The report of the examination, autopsy, or opinion shall be transmitted in writing to the division department and a copy of the report shall be furnished by the division department to each party, who shall have an opportunity to rebut the report on further hearing.

SB229,45 Section 45. 102.17 (1) (h) of the statutes is amended to read:

SB229,23,4 102.17 (1) (h) The contents of certified reports of investigation made by industrial safety specialists who are employed, contracted, or otherwise secured by the department or the division and who are available for cross-examination, if served upon the parties 15 days prior to hearing, shall constitute prima facie evidence as to matter contained in those reports. A report described in this paragraph that is admitted or received into evidence by the division department constitutes substantial evidence under s. 102.23 (6) as to the matter contained in the report.

SB229,46 Section 46. 102.17 (2) of the statutes is amended to read:

SB229,23,14 102.17 (2) If the division department has reason to believe that the payment of compensation has not been made, the division department may on its own motion give notice to the parties, in the manner provided for the service of an application, of a time and place when a hearing will be held for the purpose of determining the facts. The notice shall contain a statement of the matter to be considered. All provisions of this chapter governing proceedings on an application shall apply, insofar as applicable, to a proceeding under this subsection. When the division department schedules a hearing on its own motion, the division department does not become a party in interest and is not required to appear at the hearing.

SB229,47 Section 47. 102.17 (2m) of the statutes is amended to read:

SB229,23,21 102.17 (2m) The division or any Any party, including the department, may require any person to produce books, papers, and records at the hearing by personal service of a subpoena upon the person along with a tender of witness fees as provided in ss. 814.67 and 885.06. Except as provided in sub. (2s), the subpoena shall be on a form provided by the division department and shall give the name and address of the party requesting the subpoena.

SB229,48 Section 48. 102.17 (2s) of the statutes is amended to read:

SB229,24,6 102.17 (2s) A party’s attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the hearing examiner or other representative of the division department responsible for conducting the proceeding.

SB229,49 Section 49. 102.17 (4) (a) of the statutes is amended to read:

SB229,24,19 102.17 (4) (a) Except as provided in this subsection and s. 102.555 (12) (b), in the case of occupational disease, the right of an employee, the employee’s legal representative, a dependent, the employee’s employer or the employer’s insurance company, or other named party to proceed under this section shall not extend beyond 12 years after the date of the injury or death or after the date that compensation, other than for treatment or burial expenses, was last paid, or would have been last payable if no advancement were made, whichever date is latest, and in the case of traumatic injury, that right shall not extend beyond 6 years after that date. The statute of limitations under this subsection begins to run on the date an order is issued by the division department approving a compromise agreement. A further claim is not barred except as provided in this subsection, regardless of whether an award is made.

SB229,50 Section 50. 102.17 (7) (b) of the statutes is amended to read:

SB229,25,8 102.17 (7) (b) Except as provided in par. (c), the division department shall exclude from evidence testimony or certified reports from expert witnesses under par. (a) offered by the party that raises the issue of loss of earning capacity if that party failed to notify the division department and the other parties of interest, at least 60 days before the date of the hearing, of the party’s intent to provide the testimony or reports and of the names of the expert witnesses involved. Except as provided in par. (c), the division department shall exclude from evidence testimony or certified reports from expert witnesses under par. (a) offered by a party of interest in response to the party that raises the issue of loss of earning capacity if the responding party failed to notify the division department and the other parties of interest, at least 45 days before the date of the hearing, of the party’s intent to provide the testimony or reports and of the names of the expert witnesses involved.

SB229,51 Section 51. 102.17 (7) (c) of the statutes is amended to read:

SB229,25,14 102.17 (7) (c) Notwithstanding the notice deadlines provided in par. (b), the division department may receive in evidence testimony or certified reports from expert witnesses under par. (a) when the applicable notice deadline under par. (b) is not met if good cause is shown for the delay in providing the notice required under par. (b) and if no party is prejudiced by the delay.

SB229,52 Section 52. 102.17 (8) of the statutes is amended to read:

SB229,26,7 102.17 (8) Unless otherwise agreed to by all parties, an injured employee shall file with the division department and serve on all parties at least 15 days before the date of the hearing an itemized statement of all medical expenses and incidental compensation under s. 102.42 claimed by the injured employee. The itemized statement shall include, if applicable, information relating to any travel expenses incurred by the injured employee in obtaining treatment including the injured employee’s destination, number of trips, round trip mileage, and meal and lodging expenses. The division department may not admit into evidence any information relating to medical expenses and incidental compensation under s. 102.42 claimed by an injured employee if the injured employee failed to file with the division department and serve on all parties at least 15 days before the date of the hearing an itemized statement of the medical expenses and incidental compensation under s. 102.42 claimed by the injured employee, unless the division department is satisfied that there is good cause for the failure to file and serve the itemized statement.

SB229,53 Section 53. 102.175 (2) of the statutes is amended to read:

SB229,26,16 102.175 (2) If after a hearing or a prehearing conference the division department determines that an injured employee is entitled to compensation but that there remains in dispute only the issue of which of 2 or more parties is liable for that compensation, the division department may order one or more parties to pay compensation in an amount, time, and manner as determined by the division department. If the division department later determines that another party is liable for compensation, the division department shall order that other party to reimburse any party that was ordered to pay compensation under this subsection.

SB229,54 Section 54. 102.175 (3) (c) of the statutes is amended to read:

SB229,26,22 102.175 (3) (c) Upon request of the department, the division, the employer, or the employer’s worker’s compensation insurer, an injured employee who claims compensation for an injury causing permanent disability shall disclose all previous findings of permanent disability or other impairments that are relevant to that injury.

SB229,55 Section 55. 102.18 (1) (b) 1. of the statutes is amended to read:

SB229,27,7 102.18 (1) (b) 1. Within 90 days after the final hearing and close of the record, the division department shall make and file its findings upon the ultimate facts involved in the controversy, and its order, which shall state the division’s department’s determination as to the rights of the parties. Pending the final determination of any controversy before it, the division department, after any hearing, may, in its discretion, make interlocutory findings, orders, and awards, which may be enforced in the same manner as final awards.

SB229,56 Section 56. 102.18 (1) (b) 1d. of the statutes is amended to read:

SB229,27,15 102.18 (1) (b) 1d. If an application has been filed under s. 102.17 (1) (a) 1. for a claim for compensation, after the division department issues an order on the merits of the case of the claim under subd. 1., or an order under sub. (2) (c), if there is no pending action for review by a court, the division shall return to the department the file for the case of the claim within 30 days after issuing the order. The department shall conduct further administrative activities, including closing the case of the claim.

SB229,57 Section 57. 102.18 (1) (b) 1t. of the statutes is repealed.

SB229,58 Section 58. 102.18 (1) (b) 2. of the statutes is amended to read:

SB229,27,23 102.18 (1) (b) 2. The division department may include in any interlocutory or final award or order an order directing the employer or insurer to pay for any future treatment that may be necessary to cure and relieve the employee from the effects of the injury or to pay for a future course of instruction or other rehabilitation training services provided under a rehabilitation training program developed under s. 102.61 (1) or (1m).

SB229,59 Section 59. 102.18 (1) (b) 3. of the statutes is amended to read:

SB229,28,5 102.18 (1) (b) 3. If the division department finds that the employer or insurer has not paid any amount that the employer or insurer was directed to pay in any interlocutory order or award and that the nonpayment was not in good faith, the division department may include in its final award a penalty not exceeding 25 percent of each amount that was not paid as directed.

SB229,60 Section 60. 102.18 (1) (bg) 1. of the statutes is amended to read:

SB229,28,15 102.18 (1) (bg) 1. If the division department finds under par. (b) that an insurer or self-insured employer is liable under this chapter for any health services provided to an injured employee by a health service provider, but that the reasonableness of the fee charged by the health service provider is in dispute, the division department may include in its order under par. (b) a determination made by the department under s. 102.16 (2) as to the reasonableness of the fee or, if such a determination has not yet been made, the division department may notify, or direct the insurer or self-insured employer to notify, the health service provider under s. 102.16 (2) (b) that the reasonableness of the fee is in dispute.

SB229,61 Section 61. 102.18 (1) (bg) 2. of the statutes is amended to read:

SB229,29,2 102.18 (1) (bg) 2. If the division department finds under par. (b) that an employer or insurance carrier is liable under this chapter for any treatment provided to an injured employee by a health service provider, but that the necessity of the treatment is in dispute, the division department may include in its order under par. (b) a determination made by the department under s. 102.16 (2m) as to the necessity of the treatment or, if such a determination has not yet been made, the division department may notify, or direct the employer or insurance carrier to notify, the health service provider under s. 102.16 (2m) (b) that the necessity of the treatment is in dispute.

SB229,62 Section 62. 102.18 (1) (bg) 3. of the statutes is amended to read:

SB229,29,14 102.18 (1) (bg) 3. If the division department finds under par. (b) that an insurer or self-insured employer is liable under this chapter for the cost of a prescription drug dispensed under s. 102.425 (2) for outpatient use by an injured employee, but that the reasonableness of the amount charged for that prescription drug is in dispute, the division department may include in its order under par. (b) a determination made by the department under s. 102.425 (4m) as to the reasonableness of the prescription drug charge or, if such a determination has not yet been made, the division department may notify, or direct the insurer or self- insured employer to notify, the pharmacist or practitioner dispensing the prescription drug under s. 102.425 (4m) (b) that the reasonableness of the prescription drug charge is in dispute.

SB229,63 Section 63. 102.18 (1) (bw) of the statutes is amended to read:

SB229,29,22 102.18 (1) (bw) If an insurer, a self-insured employer, or, if applicable, the uninsured employers fund pays compensation to an employee in excess of its liability and another insurer or self-insured employer is liable for all or part of the excess payment, the department or the division may order the insurer or self- insured employer that is liable for that excess payment to reimburse the insurer or self-insured employer that made the excess payment or, if applicable, the uninsured employers fund.

SB229,64 Section 64. 102.18 (1) (c) of the statutes is amended to read:

SB229,30,7 102.18 (1) (c) If 2 or more examiners have conducted a formal hearing on a claim and are unable to agree on the order or award to be issued, the decision shall be the decision of the majority. If the examiners are equally divided on the decision, the division department may appoint an additional examiner who shall review the record and consult with the other examiners concerning their impressions of the credibility of the evidence. Findings of fact and an order or award may then be issued by a majority of the examiners.

SB229,65 Section 65. 102.18 (1) (e) of the statutes is amended to read:

SB229,30,16 102.18 (1) (e) Except as provided in s. 102.21, if the department or the division orders a party to pay an award of compensation, the party shall pay the award no later than 21 days after the date on which the order is mailed to the last- known address of the party, unless the party files a petition for review under sub. (3). This paragraph applies to all awards of compensation ordered by the department or the division, whether the award results from a hearing, the default of a party, or a compromise or stipulation confirmed by the department or the division.

SB229,66 Section 66. 102.18 (2) of the statutes is repealed and recreated to read:

SB229,30,23 102.18 (2) The department shall have and maintain on its staff such examiners as are necessary to hear and decide claims and to assist in the effective administration of this chapter. The examiners shall be attorneys and may be designated as administrative law judges. The examiners may make findings and orders and may approve, review, set aside, modify, or confirm stipulations of settlement or compromises of claims for compensation.

SB229,67 Section 67. 102.18 (3) of the statutes is amended to read:

SB229,31,18 102.18 (3) A party in interest may petition the commission for review of an examiner’s decision awarding or denying compensation if the department, the division, or the commission receives the petition within 21 days after the department or the division mailed a copy of the examiner’s findings and order to the last-known addresses of the parties in interest. The commission shall dismiss a petition that is not filed within those 21 days unless the petitioner shows that the petition was filed late for a reason that was beyond the petitioner’s control. If no petition is filed within those 21 days, the findings or order shall be considered final unless set aside, reversed, or modified by the examiner within that time. If the findings or order are set aside by the examiner, the status shall be the same as prior to the findings or order that were set aside. If the findings or order are reversed or modified by the examiner, the time for filing a petition commences on the date on which notice of the reversal or modification is mailed to the last-known addresses of the parties in interest. The commission shall either affirm, reverse, set aside, or modify the findings or order, in whole or in part, or direct the taking of additional evidence. The commission’s action shall be based on a review of the evidence submitted.

SB229,68 Section 68. 102.18 (4) (c) 3. of the statutes is amended to read:

SB229,31,21 102.18 (4) (c) 3. Remand the case to the department or the division for further proceedings.

SB229,69 Section 69. 102.18 (4) (d) of the statutes is amended to read:

SB229,32,7 102.18 (4) (d) While a petition for review by the commission is pending or after entry of an order or award by the commission but before commencement of an action for judicial review or expiration of the period in which to commence an action for judicial review, the commission shall remand any compromise presented to it to the department or the division for consideration and approval or rejection setting aside, modification, or confirmation under s. 102.16 (1). Presentation of a compromise does not affect the period in which to commence an action for judicial review.

SB229,70 Section 70. 102.18 (5) of the statutes is amended to read:

SB229,32,18 102.18 (5) If it appears to the division department that a mistake may have been made as to cause of injury in the findings, order, or award upon an alleged injury based on accident, when in fact the employee was suffering from an occupational disease, within 3 years after the date of the findings, order, or award the division department may, upon its own motion, with or without hearing, set aside the findings, order or award, or the division department may take that action upon application made within those 3 years. After an opportunity for hearing, the division department may, if in fact the employee is suffering from disease arising out of the employment, make new findings, and a new order or award, or the division department may reinstate the previous findings, order, or award.

SB229,71 Section 71. 102.18 (6) of the statutes is amended to read:

SB229,33,2 102.18 (6) In case of disease arising out of employment, the division department may from time to time review its findings, order, or award, and make new findings, or a new order or award, based on the facts regarding disability or otherwise as those facts may appear at the time of the review. This subsection shall not affect the application of the limitation in s. 102.17 (4).