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SB673,17,1514 102.15 (1) Subject to this chapter, the division department may adopt its own
15promulgate rules of procedure and may change the same from time to time.
SB673,37 16Section 37. 102.15 (2) of the statutes is amended to read:
SB673,17,1817 102.15 (2) The division department may provide by rule the conditions under
18which transcripts of testimony and proceedings shall be furnished.
SB673,38 19Section 38. 102.16 (1) of the statutes is repealed and recreated to read:
SB673,18,920 102.16 (1) Any controversy concerning compensation or a violation of sub. (3),
21including a controversy in which the state may be a party, shall be submitted to the
22department in the manner and with the effect provided in this chapter. Every
23compromise of any claim for compensation may be reviewed and set aside, modified,
24or confirmed by the department within one year after the date on which the
25compromise is filed with the department, the date on which an award has been

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

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

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

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

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

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

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

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

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