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1. The mental injury must satisfy all of the following conditions:
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a. The diagnosis of post-traumatic stress disorder is made by a licensed
11psychiatrist or psychologist.
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b. The conditions of liability under s. 102.03 (1) are proven by the
13preponderance of the evidence.
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2. The mental injury may not be a result of any of the following actions taken
15in good faith by the employer:
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a. A disciplinary action.
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b. A work evaluation.
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c. A job transfer.
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d. A layoff.
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e. A demotion.
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f. A termination.
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3. The diagnosis does not need to be based on unusual stress of greater
23dimensions than the day-to-day emotional strain and tension experienced by
24similarly situated employees.
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1(c) No individual may receive compensation for a claim of mental injury under
2this subsection more than 3 times in his or her lifetime. The limitation under this
3paragraph applies irrespective of whether the individual becomes employed by a
4different employer or in a different position with the same employer.
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5Section 6
. 102.29 (6m) (a) 1m. of the statutes is created to read:
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102.29
(6m) (a) 1m. The employee leasing company that employs the leased
7employee.
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8Section 7
. 102.29 (6m) (a) 3. of the statutes is amended to read:
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102.29
(6m) (a) 3. Any employee of the client
, the employee leasing company
10that employs the leased employee, or of
that other an employee leasing company
11described in subd. 2., unless the leased employee who has the right to make a claim
12for compensation would have a right under s. 102.03 (2) to bring an action against
13the employee of the client
, the employee leasing company that employs the leased
14employee, or the leased employee of the
other employee leasing company
described
15in subd. 2., if the employees and leased employees were coemployees.
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16Section 8
. 102.315 (1) (c) of the statutes is amended to read:
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102.315
(1) (c) “Divided workforce" means a workforce in which some of the
18employees of a client are leased employees and some of the employees of the client
19are not leased employees
, but does not include a workforce with respect to a client
20that has elected to provide insurance coverage for leased employees under sub. (2m).
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21Section 9
. 102.315 (2) of the statutes is amended to read:
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102.315
(2) Employee leasing company liable. An Except as otherwise
23provided in an employee leasing agreement that meets the requirements of sub.
24(2m), an employee leasing company is liable under s. 102.03 for all compensation
25payable under this chapter to a leased employee, including any payments required
1under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60.
2If a client that makes an election under sub. (2m) (a) terminates the election, fails
3to provide the required coverage, or allows coverage to lapse, the employee leasing
4company is liable under s. 102.03 as set forth in this subsection. Except as
permitted 5allowed under s. 102.29, an employee leasing company may not seek or receive
6reimbursement from another employer for any payments made as a result of that
7liability. An employee leasing company is not liable under s. 102.03 for any
8compensation payable under this chapter to an employee of a client who is not a
9leased employee.
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10Section 10
. 102.315 (2e) of the statutes is created to read:
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102.315
(2e) Termination of employee leasing agreement. If an employee
12leasing company terminates an employee leasing agreement with a client that has
13made an election under sub. (2m) (a), the company shall provide notice of the
14termination of an employee leasing agreement to the department and the client, on
15a form prescribed by the department, at least 30 days before the termination of the
16employee leasing agreement. The notice provided under this subsection must
17contain all of the following information:
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(a) The name, mailing address, and federal employer identification number of
19the employee leasing company.
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(b) The name, mailing address, and federal employer identification number of
21the client.
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(c) The effective date of the termination of the employee leasing agreement.
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(d) The signatures of the authorized representatives of the client and the
24employee leasing company.
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25Section 11
. 102.315 (2m) of the statutes is created to read:
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1102.315
(2m) Client election to provide insurance coverage. (a) A client
2may elect to provide insurance coverage under this chapter for leased employees.
3Such an election must be provided in an employee leasing agreement, and the leased
4employees must be insured in the voluntary market and not under a mandatory
5risk-sharing plan under s. 619.01.
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(b) The client shall provide notice of an election or termination of an election
7under par. (a) to the department and the employee leasing company on a form
8prescribed by the department at least 30 days before the effective date of the election
9or termination of the election. The notice provided under this subsection must
10contain all of the following information:
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1. The name, mailing address, and federal employer identification number of
12the client.
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2. The name, mailing address, and federal employer identification number of
14the employee leasing company.
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3. The effective date of the employee leasing agreement.
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4. The signatures of the authorized representatives of the client and the
17employee leasing company.
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(c)
A client that elects to provide insurance coverage under par. (a) is liable
19under s. 102.03 for all compensation payable to a leased employee, including any
20payments required under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3),
21102.57, or 102.60.
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(d) If a client makes an election under par. (a), the employee leasing company
23shall include the client's federal employer identification number on any reports to the
24department for the purposes of administering the worker's compensation program
25or the unemployment insurance program under ch. 108.
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1(e) The experience rating under the standards and criteria under ss. 626.11 and
2626.12 remain with a client that makes an election under par. (a).
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3Section 12
. 102.315 (2s) of the statutes is created to read:
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102.315
(2s) Claim reporting. Any claim filed under this chapter for a leased
5employee shall include the client's federal employer identification number.
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6Section 13
. 102.42 (1) of the statutes is amended to read:
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102.42
(1) Treatment of employee. The Subject to the limitations under sub.
8(1p), the employer shall supply such medical, surgical, chiropractic, psychological,
9podiatric, dental, and hospital treatment, medicines, medical and surgical supplies,
10crutches, artificial members, appliances, and training in the use of artificial
11members and appliances, or, at the option of the employee, Christian Science
12treatment in lieu of medical treatment, medicines, and medical supplies, as may be
13reasonably required to cure and relieve from the effects of the injury, and to attain
14efficient use of artificial members and appliances, and in case of the employer's
15neglect or refusal seasonably to do so, or in emergency until it is practicable for the
16employee to give notice of injury, the employer shall be liable for the reasonable
17expense incurred by or on behalf of the employee in providing such treatment,
18medicines, supplies, and training. When the employer has knowledge of the injury
19and the necessity for treatment, the employer's failure to tender the necessary
20treatment, medicines, supplies, and training constitutes such neglect or refusal. The
21employer shall also be liable for reasonable expense incurred by the employee for
22necessary treatment to cure and relieve the employee from the effects of occupational
23disease prior to the time that the employee knew or should have known the nature
24of his or her disability and its relation to employment, and as to such treatment subs.
25(2) and (3) shall not apply. The obligation to furnish such treatment and appliances
1shall continue as required to prevent further deterioration in the condition of the
2employee or to maintain the existing status of such condition whether or not healing
3is completed.
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4Section 14
. 102.42 (1p) of the statutes is created to read:
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102.42
(1p) Liability for treatment of certain mental injuries. The employer
6of an employee whose injury is a mental injury that is compensable under s. 102.17
7(9) is liable for the employee's treatment of the mental injury for no more than 32
8weeks after the injury is first reported.
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9Section 15
. 102.44 (7) of the statutes is created to read:
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102.44
(7) In the case of an employee whose injury is a mental injury that is
11compensable under s. 102.17 (9), the period of disability may not exceed 32 weeks
12after the injury is first reported.
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13Section 16
. 102.49 (5) (b) of the statutes is amended to read:
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102.49
(5) (b) In addition to the payment required under par. (a), in each case
15of injury resulting in death leaving no person dependent for support, the employer
16or insurer shall
, except as provided in s. 102.58 (2), pay into the state treasury the
17amount of the death benefit otherwise payable, minus any payment made under s.
18102.48 (1)
,. The payment under this paragraph shall, except as provided in par. (cm),
19be made in 5 equal annual installments
, with the first installment due as of the date
20of death.
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21Section 17
. 102.49 (5) (c) of the statutes is amended to read:
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102.49
(5) (c) In addition to the payment required under par. (a), in each case
23of injury resulting in death, leaving one or more persons partially dependent for
24support, the employer or insurer shall
, except as provided in s. 102.58 (2), pay into
25the state treasury an amount which, when added to the sums paid or to be paid on
1account of partial dependency and under s. 102.48 (1), shall equal the death benefit
2payable to a person wholly dependent.
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3Section 18
. 102.49 (5) (cm) of the statutes is created to read:
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102.49
(5) (cm) The employer or insurer may make advance payments of
5amounts owed under par. (b) or (c), up to and including a lump sum payment of the
6entire amount owed. If an employer or insurer makes an advance payment, the
7department shall give the employer or the insurer an interest credit against its
8liability for payments made in excess of that required under par. (b) or (c). The credit
9shall be computed at 5 percent.
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10Section 19
. 102.49 (5) (e) of the statutes is amended to read:
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102.49
(5) (e) The adjustments in liability provided in ss. 102.57, 102.58
(1),
12and 102.60 do not apply to payments made under this section.
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13Section 20
. 102.58 of the statutes is renumbered 102.58 (1) and amended to
14read:
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102.58
(1) If injury is caused by the failure of the employee to use safety devices
16that are provided in accordance with any statute, rule, or order of the department
17of safety and professional services and that are adequately maintained, and the use
18of which is reasonably enforced by the employer, or if injury results from the
19employee's failure to obey any reasonable rule adopted and reasonably enforced by
20the employer for the safety of the employee and of which the employee has notice, the
21compensation and death benefit provided in this chapter shall be reduced by 15
22percent
, but the total reduction may not exceed $15,000.
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23(2) If an employee violates the employer's policy concerning employee drug or
24alcohol use and is injured, and if that violation is causal to the employee's injury, no
25compensation or death benefits shall be payable to the injured employee or a
1dependent of the injured employee
and no payment under s. 102.49 (5) (b) or (c) shall
2be payable. Nothing in this
section subsection shall reduce or eliminate an
3employer's liability for incidental compensation under s. 102.42 (1) to (8) or drug
4treatment under s. 102.425.
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(1)
Worker's compensation insurance; rate approval; notice. The
7commissioner of insurance shall submit to the legislative reference bureau for
8publication in the Wisconsin Administrative Register a notice of the effective date
9of new rates for worker's compensation insurance first approved by the
10commissioner after the effective date of this subsection.
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(1) The treatment of ss. 102.17 (9), 102.42 (1) and (1p), and 102.44 (7) first
13applies to injuries reported on the effective date of rate changes for worker's
14compensation insurance approved by the commissioner of insurance under s. 626.13
15after the effective date of this subsection.