This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB911,5 20Section 5 . 46.995 (3) of the statutes is amended to read:
AB911,6,221 46.995 (3) An individual who is performing services for a person receiving
22long-term care benefits under any children's long-term support waiver program on
23a self-directed basis and who does not otherwise have worker's compensation
24coverage for those services is considered, for purposes of worker's compensation

1coverage,
to be an employee of the entity that is providing financial management
2services for that person.
AB911,6 3Section 6 . 73.0301 (1) (d) 3m. of the statutes is amended to read:
AB911,6,64 73.0301 (1) (d) 3m. A license or certificate issued by the department of
5workforce development under s. 102.17 (1) (c), 103.275 (2) (b), 103.34 (3) (c), 103.91
6(1), 103.92 (3), 104.07 (1) or (2), or 105.13 (1).
AB911,7 7Section 7 . 73.0301 (1) (d) 15. of the statutes is created to read:
AB911,6,98 73.0301 (1) (d) 15. A license issued by the division of hearings and appeals
9under s. 102.17 (1) (c).
AB911,8 10Section 8 . 73.0301 (1) (e) of the statutes is amended to read:
AB911,6,1811 73.0301 (1) (e) “Licensing department" means the department of
12administration; the division of hearings and appeals; the department of agriculture,
13trade and consumer protection; the board of commissioners of public lands; the
14department of children and families; the ethics commission; the department of
15financial institutions; the department of health services; the department of natural
16resources; the department of public instruction; the department of safety and
17professional services; the department of workforce development; the office of the
18commissioner of insurance; or the department of transportation.
AB911,9 19Section 9 . 102.04 (1) (b) 1. of the statutes is amended to read:
AB911,6,2520 102.04 (1) (b) 1. Every person who usually at any time employs 3 or more
21employees for services performed in this state, whether in one or more trades,
22businesses, professions, or occupations, and whether in one or more locations. A
23person who employs 3 or more employees for services performed in this state becomes
24subject to this chapter on the day on which the person employs 3 or more such
25employees.
AB911,10
1Section 10. 102.04 (1) (b) 2. of the statutes is amended to read:
AB911,7,52 102.04 (1) (b) 2. Every person who usually employs less fewer than 3
3employees, provided the person has paid wages of $500 or more in any calendar
4quarter for services performed in this state. Such employer a person shall become
5subject to this chapter on the 10th day of the month next succeeding such quarter.
AB911,11 6Section 11. 102.05 (1) of the statutes is amended to read:
AB911,7,107 102.05 (1) Withdrawal. (a) An employer, including a person engaged in
8farming who has become subject to this chapter,
who has had no employee at any time
9within a continuous period of 2 years shall be deemed to have effected withdrawal,
10which shall be effective on the last day of such that 2-year period. An
AB911,7,17 11(b) 1. If an employer who has not usually, in every calendar quarter in a
12calendar year,
employed 3 employees and who has not paid wages of at least $500 for
13employment in this state in every calendar quarter in a calendar year, the employer
14may file a withdrawal notice with the department, which withdrawal shall take
15effect 30 days after the date of such filing or at such later date as is specified in the
16notice. Such employer may again become subject to this chapter as provided by s.
17102.04 (1) (b) and (e). This subdivision shall not apply to farmers.
AB911,7,22 18(c) If an employer who is subject to this chapter only because the employer
19elected to become subject to this chapter under sub. (2) cancels or terminates his or
20her contract for the insurance of compensation under this chapter, that employer is
21deemed to have effected withdrawal, which shall be effective on the day after the
22contract is canceled or terminated.
AB911,12 23Section 12. 102.05 (2) of the statutes is amended to read:
AB911,8,524 102.05 (2) Election. Any employer who shall enter enters into a contract for
25the insurance of compensation, or against liability therefor, shall be deemed thereby

1to have elected to accept the provisions of this chapter, and such election shall include
2farm laborers, domestic servants and employees not in the course of a trade,
3business, profession or occupation of the employer if such intent is shown by the
4terms of the policy. Such election shall remain in force until withdrawn in the
5manner provided in sub. (1) (c).
AB911,13 6Section 13. 102.05 (3) of the statutes is renumbered 102.05 (1) (b) 2.
AB911,14 7Section 14. 102.11 (1) (intro.) of the statutes is amended to read:
AB911,8,248 102.11 (1) (intro.) The average weekly earnings for temporary disability,
9permanent total disability, or death benefits for injury in each calendar year on or
10after January 1, 1982, shall be not less than $30 nor more than the wage rate that
11results in a maximum compensation rate of 110 percent of the state's average weekly
12earnings as determined under s. 108.05 as of June 30 of the previous year. The
13average weekly earnings for permanent partial disability shall be not less than $30
14and, for permanent partial disability for injuries occurring on or after March 2, 2016,
15and before January 1, 2017, not more than $513, resulting in a maximum
16compensation rate of $342, and, for permanent partial disability for injuries
17occurring on or after
January 1, 2017, and before the effective date of this subsection
18.... [LRB inserts date],
not more than $543, resulting in a maximum compensation
19rate of $362; for permanent partial disability for injuries occurring on or after the
20effective date of this subsection .... [LRB inserts date], and before January 1, 2023,
21not more than $622.50, resulting in a maximum compensation rate of $415; and for
22permanent partial disability for injuries occurring on or after January 1, 2023, not
23more than $645, resulting in a maximum compensation rate of $430
. Between such
24limits the average weekly earnings shall be determined as follows:
AB911,15 25Section 15 . 102.11 (1) (am) of the statutes is repealed.
AB911,16
1Section 16. 102.11 (1) (ap) of the statutes is created to read:
AB911,9,42 102.11 (1) (ap) 1. Except as provided in subd. 2., in the case of an employee who
3works less than full time, average weekly earnings shall be calculated by whichever
4of the following is greater:
AB911,9,75 a. The actual average weekly earnings of the employee for the 52 calendar
6weeks before his or her injury, except that calendar weeks within which no work was
7performed shall not be considered.
AB911,9,118 b. The employee's hourly earnings on the date of injury multiplied by the
9average number of hours worked in that employment for the 52 calendar weeks
10before his or her injury, except that calendar weeks within which no work was
11performed shall not be considered.
AB911,9,1912 2. An employee may, subject to subd. 3., demonstrate that he or she is eligible
13for temporary disability benefits based on full-time work rather than part-time
14work as provided in subd. 1. a. by providing evidence of qualifying taxable earnings
15with an employer other than the employer liable for the employee's injury or
16demonstrating that the employee has worked less than full time for less than 12
17months before the date of the employee's injury. If the employee so demonstrates,
18the employee's average weekly wage shall be calculated using the normal full-time
19workweek established by the employer under par. (a).
AB911,9,2420 3. An employer may rebut the employee's evidence of eligibility for temporary
21disability benefits based on full-time work under subd. 2. by providing evidence that
22the employee chose to work less than full time. Such evidence of a choice to restrict
23employment to less than full time may include a written statement signed by the
24employee or an employment application that indicates an hour or shift preference.
AB911,17 25Section 17 . 102.11 (1) (f) 1. of the statutes is repealed.
AB911,18
1Section 18. 102.11 (1) (f) 2. of the statutes is renumbered 102.11 (1) (f) and
2amended to read:
AB911,10,73 102.11 (1) (f) The weekly temporary disability benefits for a part-time
4employee who restricts his or her availability in the labor market to part-time work
5and is not employed elsewhere, or who has worked less than full time for 12 months
6or longer before the employee's injury,
may not exceed the average weekly wages of
7the part-time employment.
AB911,19 8Section 19. 102.13 (1) (b) (intro.) of the statutes is amended to read:
AB911,10,239 102.13 (1) (b) (intro.) An employer or insurer who requests that an employee
10submit to reasonable examination under par. (a) or (am) shall tender to the employee,
11before the examination, all necessary expenses including transportation expenses.
12The employee is entitled to have a physician, chiropractor, psychologist, dentist,
13physician assistant, advanced practice nurse prescriber, or podiatrist provided by
14himself or herself present at the examination and to receive a copy of all reports of
15the examination that are prepared by the examining physician, chiropractor,
16psychologist, podiatrist, dentist, physician assistant, advanced practice nurse
17prescriber, or vocational expert immediately upon receipt of those reports by the
18employer or worker's compensation insurer. The employee is entitled to have one
19observer provided by himself or herself present at the examination.
The employee
20is also entitled to have a translator provided by himself or herself present at the
21examination if the employee has difficulty speaking or understanding the English
22language. The employer's or insurer's written request for examination shall notify
23the employee of all of the following:
AB911,20 24Section 20. 102.13 (1) (b) 6. of the statutes is created to read:
AB911,11,2
1102.13 (1) (b) 6. The employee's right to have one observer provided by himself
2or herself present at the examination.
AB911,21 3Section 21 . 102.15 (title) of the statutes is amended to read:
AB911,11,4 4102.15 (title) Rules of procedure; transcripts.
AB911,22 5Section 22. 102.15 (1) of the statutes is renumbered 102.15 (1) (b).
AB911,23 6Section 23 . 102.16 (1) (b) of the statutes is renumbered 102.16 (1) (b) 1.
AB911,24 7Section 24 . 102.16 (1) (b) 2. of the statutes is created to read:
AB911,11,128 102.16 (1) (b) 2. The department may conduct alternative dispute resolution
9activities for a case involving an employee who is not represented by an attorney with
10respect to which no application has been filed under s. 102.17 (1) (a) 1. or with respect
11to which an application has been filed, regardless of whether the application is ready
12to be scheduled for a hearing.
AB911,25 13Section 25 . 102.17 (1) (c) of the statutes is amended to read:
AB911,12,214 102.17 (1) (c) 1. Any party shall have the right to be present at any hearing,
15in person or by attorney or any other agent, and to present such testimony as may
16be pertinent to the controversy before the division. No person, firm, or corporation,
17other than an attorney at law who is licensed to practice law in the state, may appear
18on behalf of any party in interest before the division or any member or employee of
19the division assigned to conduct any hearing, investigation, or inquiry relative to a
20claim for compensation or benefits under this chapter, unless the person is 18 years
21of age or older, does not have an arrest or conviction record, subject to ss. 111.321,
22111.322 and 111.335, is otherwise qualified, and has obtained from the department
23division a license with authorization to appear in matters or proceedings before the
24division. Except as provided under pars. (cm), (cr), and (ct), the license shall be
25issued by the department division under rules promulgated by the department

1division. The department division shall maintain in its office a current list of persons
2to whom licenses have been issued.
AB911,12,183 2. Any license issued under subd. 1. may be suspended or revoked by the
4department division for fraud or serious misconduct on the part of an agent, may be
5denied, suspended, nonrenewed, or otherwise withheld by the department division
6for failure to pay court-ordered payments as provided in par. (cm) on the part of an
7agent, and may be denied or revoked if the department of revenue certifies under s.
873.0301 that the applicant or licensee is liable for delinquent taxes or if the
9department determines of workforce development certifies under par. (ct) s. 108.227
10that the applicant or licensee is liable for delinquent unemployment insurance
11contributions. Before suspending or revoking the license of the agent on the grounds
12of fraud or misconduct, the department division shall give notice in writing to the
13agent of the charges of fraud or misconduct and shall give the agent full opportunity
14to be heard in relation to those charges. In denying, suspending, restricting, refusing
15to renew, or otherwise withholding a license for failure to pay court-ordered
16payments as provided in par. (cm), the department division shall follow the
17procedure provided in a memorandum of understanding entered into under s.
1849.857.
AB911,12,2319 3. Unless otherwise suspended or revoked, a license issued under subd. 1. shall
20be in force from the date of issuance until the June 30 following the date of issuance
21and may be periodically renewed by the department from time to time division, but
22each renewed license shall expire on the June 30 following the issuance of the
23renewed license.
AB911,26 24Section 26 . 102.17 (1) (cg) of the statutes is amended to read:
AB911,13,6
1102.17 (1) (cg) 1. Except as provided in subd. 2m., the department division shall
2require each applicant for a license under par. (c) who is an individual to provide the
3department division with the applicant's social security number, and shall require
4each applicant for a license under par. (c) who is not an individual to provide the
5department division with the applicant's federal employer identification number,
6when initially applying for or applying to renew the license.
AB911,13,137 2. If an applicant who is an individual fails to provide the applicant's social
8security number to the department division or if an applicant who is not an
9individual fails to provide the applicant's federal employer identification number to
10the department division, the department division may not issue or renew a license
11under par. (c) to or for the applicant unless the applicant is an individual who does
12not have a social security number and the applicant submits a statement made or
13subscribed under oath or affirmation as required under subd. 2m.
AB911,13,1814 2m. If an applicant who is an individual does not have a social security number,
15the applicant shall submit a statement made or subscribed under oath or affirmation
16to the department division that the applicant does not have a social security number.
17The form of the statement shall be prescribed by the department division. A license
18issued in reliance upon a false statement submitted under this subdivision is invalid.
AB911,13,2419 3. The department of workforce development division may not disclose any
20information received under subd. 1. to any person except to the department of
21revenue for the sole purpose of requesting certifications under s. 73.0301, the
22department of workforce development for the sole purpose of requesting
23certifications under s. 108.227,
or the department of children and families for
24purposes of administering s. 49.22.
AB911,27 25Section 27 . 102.17 (1) (cr) of the statutes is amended to read:
AB911,14,6
1102.17 (1) (cr) The department division shall deny an application for the
2issuance or renewal of a license under par. (c), or revoke such a license already issued,
3if the department of revenue certifies under s. 73.0301 that the applicant or licensee
4is liable for delinquent taxes. Notwithstanding par. (c), an action taken under this
5paragraph is subject to review only as provided under s. 73.0301 (5) and not as
6provided in ch. 227.
AB911,28 7Section 28 . 102.17 (1) (ct) of the statutes is repealed and recreated to read:
AB911,14,138 102.17 (1) (ct) The division shall deny an application for the issuance or
9renewal of a license under par. (c), or revoke such a license already issued, if the
10department certifies under s. 108.227 that the applicant or licensee is liable for
11delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding par. (c),
12an action taken under this paragraph is subject to review only as provided under s.
13108.227 (5) and not as provided in ch. 227.
AB911,29 14Section 29 . 102.18 (2) (a) of the statutes is amended to read:
AB911,14,1715 102.18 (2) (a) The department shall have and maintain on its staff such
16examiners as are necessary to hear and decide claims for compensation described in
17s. 102.16 (1) (b) 1. and to assist in the effective administration of this chapter.
AB911,30 18Section 30 . 102.18 (3) of the statutes is amended to read:
AB911,15,1019 102.18 (3) A party in interest may petition the commission for review of an
20examiner's decision awarding or denying compensation if the department, the
21division, or the commission receives the petition within 21 days after the department
22or the division mailed a copy of the examiner's findings and order to the last-known
23addresses of the parties in interest. The commission shall dismiss a petition that is
24not filed within those 21 days unless the petitioner shows that the petition was filed
25late for a reason that was beyond the petitioner's control. If no petition is filed within

1those 21 days, the findings or order shall be considered final unless set aside,
2reversed, or modified by the examiner within that time. If the findings or order are
3set aside by the examiner, the status shall be the same as prior to the setting aside
4of
the findings or order that were set aside. If the findings or order are reversed or
5modified by the examiner, the time for filing a petition commences on the date on
6which notice of the reversal or modification is mailed to the last-known addresses
7of the parties in interest. The commission shall either affirm, reverse, set aside, or
8modify the findings or order, in whole or in part, or direct the taking of additional
9evidence. The commission's action shall be based on a review of the evidence
10submitted.
AB911,31 11Section 31 . 102.33 (2) (b) 7. of the statutes is created to read:
AB911,15,1712 102.33 (2) (b) 7. The requester is the department of health services, a county
13department of social services under s. 46.215 or 46.22, or a county department of
14human services under s. 46.23, and the request is limited to the name and address
15of the employee who is the subject of the record, the name and address of the
16employee's employer, and any financial information about that employee contained
17in the record.
AB911,32 18Section 32. 102.39 (title) of the statutes is repealed.
AB911,33 19Section 33 . 102.39 of the statutes is renumbered 102.15 (1) (a) and amended
20to read:
AB911,15,2521 102.15 (1) (a) The department may promulgate rules as necessary to carry out
22its duties and functions under this chapter.
The provisions of s. 103.005 relating to
23the adoption, publication, modification, and court review of rules or general orders
24of the department shall apply to all rules promulgated or general orders adopted
25under this chapter.
AB911,34
1Section 34. 102.43 (6) (b) of the statutes is amended to read:
AB911,16,102 102.43 (6) (b) In the case of an employee whose average weekly earnings are
3calculated under s. 102.11 (1) (a) (ap) 2., wages received from other employment held
4by the employee when the injury occurred shall be considered in computing actual
5wage loss from the employer in whose employ the employee sustained the injury as
6provided in this paragraph. If an employee's average weekly earnings are calculated
7under s. 102.11 (1) (a) (ap) 2., wages received from other employment held by the
8employee when the injury occurred shall be offset against those average weekly
9earnings and not against the employee's actual earnings in the employment in which
10the employee was engaged at the time of the injury.
AB911,35 11Section 35 . 102.61 (1g) (a) 2. of the statutes is amended to read:
AB911,16,1512 102.61 (1g) (a) 2. The employee was performing part-time employment at the
13time of the injury, the employee's average weekly wage for compensation purposes
14is calculated under s. 102.11 (1) (f) 1. or 2. (ap) 2., and that average weekly wage
15exceeds the employee's gross average weekly wage for the part-time employment.
AB911,36 16Section 36 . 102.80 (1) (d) of the statutes is amended to read:
AB911,16,1817 102.80 (1) (d) Amounts collected from employees or dependents of employees
18under s. 102.81 (4) (b) and (c).
AB911,37 19Section 37 . 102.81 (4) (b) (intro.) of the statutes is amended to read:
AB911,16,2220 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from
21the employee's employer or a 3rd party liable under s. 102.29, pay to the department
22the lesser of the following:
AB911,38 23Section 38 . 102.81 (4) (b) 2. of the statutes is amended to read:
AB911,16,2524 102.81 (4) (b) 2. The amount after attorney fees and costs that the employee
25or dependent received from the employer or 3rd party.
AB911,39
1Section 39. 102.81 (4) (c) of the statutes is created to read:
AB911,17,42 102.81 (4) (c) If the employee or dependent receives compensation from a 3rd
3party that is liable under s. 102.29, pay to the department the proceeds as specified
4under s. 102.29 (1) (b).
AB911,40 5Section 40 . 102.81 (5) of the statutes is amended to read:
AB911,17,76 102.81 (5) The department of justice may bring an action to collect the a
7payment under sub. (4) (b) or (c).
AB911,41 8Section 41 . 102.82 (1) of the statutes is amended to read:
AB911,17,179 102.82 (1) Except as provided in sub. (2) (ar), an uninsured employer shall
10reimburse the department for any payment made under s. 102.81 (1) to or on behalf
11of an employee of the uninsured employer or to an employee's dependents and for any
12expenses paid by the department in administering the claim of the employee or
13dependents, less amounts repaid by the employee or dependents under s. 102.81 (4)
14(b) or (c). The reimbursement owed under this subsection is due within 30 days after
15the date on which the department notifies the uninsured employer that the
16reimbursement is owed. Interest shall accrue on amounts not paid when due at the
17rate of 1 percent per month.
AB911,42 18Section 42 . 108.227 (1) (e) 16. of the statutes is created to read:
AB911,17,2019 108.227 (1) (e) 16. A license issued by the division of hearings and appeals
20under s. 102.17 (1) (c).
AB911,43 21Section 43 . 108.227 (1) (f) of the statutes is amended to read:
AB911,18,422 108.227 (1) (f) “Licensing department" means the department of
23administration; the division of hearings and appeals; the department of agriculture,
24trade and consumer protection; the board of commissioners of public lands; the
25department of children and families; the ethics commission; the department of

1financial institutions; the department of health services; the department of natural
2resources; the department of public instruction; the department of revenue; the
3department of safety and professional services; the office of the commissioner of
4insurance; or the department of transportation.
AB911,44 5Section 44 . 108.227 (1m) (intro.) of the statutes is amended to read:
AB911,18,116 108.227 (1m) General provisions. (intro.) The department shall promulgate
7rules specifying procedures to be used before taking action under sub. (3) (b) or s.
8102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7),
9or 105.13 (4) with respect to a person whose license or credential is to be denied, not
10renewed, discontinued, suspended, or revoked, including rules with respect to all of
11the following:
AB911,45 12Section 45 . 108.227 (3) (a) 3. of the statutes is amended to read:
AB911,18,1613 108.227 (3) (a) 3. Upon the request of any person whose license or certificate
14has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34
15(10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or
16certificate if the applicant is not liable for delinquent contributions.
AB911,46 17Section 46 . 108.227 (5) (a) of the statutes is amended to read:
AB911,19,918 108.227 (5) (a) The department of workforce development shall conduct a
19hearing requested by a license holder or applicant for a license or license renewal or
20continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275
21(2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review
22a certification or determination of contribution delinquency that is the basis of a
23denial, suspension, or revocation of a license or certificate in accordance with this
24section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
25103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph

1is limited to questions of mistaken identity of the license or certificate holder or
2applicant and of prior payment of the contributions that the department of workforce
3development certified or determined the license or certificate holder or applicant
4owes the department. At a hearing under this paragraph, any statement filed by the
5department of workforce development, the licensing department, or the supreme
6court, if the supreme court agrees, may be admitted into evidence and is prima facie
7evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to
8a hearing under this paragraph is not entitled to any other notice, hearing, or review,
9except as provided in sub. (6).
Loading...
Loading...