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SB11,7,169 102.29 (6m) (a) 3. Any employee of the client or, any employee of that other an
10employee leasing company described in subd. 2., or the employee leasing company
11that employs the leased employee
, unless the leased employee who has the right to
12make a claim for compensation would have a right under s. 102.03 (2) to bring an
13action against the employee of the client, the employee leasing company that
14employs the leased employee,
or the leased employee of the other employee leasing
15company described in subd. 2., if the employees and leased employees were
16coemployees.
SB11,8 17Section 8 . 102.315 (1) (c) of the statutes is amended to read:
SB11,7,2118 102.315 (1) (c) “Divided workforce" means a workforce in which some of the
19employees of a client are leased employees and some of the employees of the client
20are not leased employees, but does not include a workforce with respect to a client
21that has elected to provide insurance coverage for leased employees under sub. (2m)
.
SB11,9 22Section 9 . 102.315 (2) of the statutes is amended to read:
SB11,8,1023 102.315 (2) Employee leasing company liable. An Except as otherwise
24provided in an employee leasing agreement that meets the requirements of sub.
25(2m), an
employee leasing company is liable under s. 102.03 for all compensation

1payable under this chapter to a leased employee, including any payments required
2under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60.
3If a client that makes an election under sub. (2m) (a) terminates the election, fails
4to provide the required coverage, or allows coverage to lapse, the employee leasing
5company is liable under s. 102.03 as set forth in this subsection.
Except as permitted
6allowed under s. 102.29, an employee leasing company may not seek or receive
7reimbursement from another employer for any payments made as a result of that
8liability. An employee leasing company is not liable under s. 102.03 for any
9compensation payable under this chapter to an employee of a client who is not a
10leased employee.
SB11,10 11Section 10 . 102.315 (2e) of the statutes is created to read:
SB11,8,1812 102.315 (2e) Termination of employee leasing agreement. If an employee
13leasing company terminates an employee leasing agreement with a client that has
14made an election under sub. (2m) (a), the company shall provide notice of the
15termination of an employee leasing agreement to the department and the client, on
16a form prescribed by the department, at least 30 days before the termination of the
17employee leasing agreement. The notice provided under this subsection must
18contain all of the following information:
SB11,8,2019 (a) The name, mailing address, and federal employer identification number of
20the employee leasing company.
SB11,8,2221 (b) The name, mailing address, and federal employer identification number of
22the client.
SB11,8,2323 (c) The effective date of the termination of the employee leasing agreement.
SB11,8,2524 (d) The signatures of the authorized representatives of the client and the
25employee leasing company.
SB11,11
1Section 11. 102.315 (2m) of the statutes is created to read:
SB11,9,62 102.315 (2m) Client election to provide insurance coverage. (a) A client
3may elect to provide insurance coverage under this chapter for leased employees.
4Such an election must be provided in an employee leasing agreement, and the leased
5employees must be insured in the voluntary market and not under a mandatory
6risk-sharing plan under s. 619.01.
SB11,9,117 (b) The client shall provide notice of an election or termination of an election
8under par. (a) to the department and the employee leasing company on a form
9prescribed by the department at least 30 days before the effective date of the election
10or termination of the election. The notice provided under this subsection must
11contain all of the following information:
SB11,9,1312 1. The name, mailing address, and federal employer identification number of
13the client.
SB11,9,1514 2. The name, mailing address, and federal employer identification number of
15the employee leasing company.
SB11,9,1616 3. The effective date of the employee leasing agreement.
SB11,9,1817 4. The signatures of the authorized representatives of the client and the
18employee leasing company.
SB11,9,2219 (c) A client that elects to provide insurance coverage under par. (a) is liable
20under s. 102.03 for all compensation payable to a leased employee, including any
21payments required under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3),
22102.57, or 102.60.
SB11,9,2423 (d) If a client makes an election under par. (a), the employee leasing company
24shall include the client's federal employer identification number on any reports to the

1department for the purposes of administering the worker's compensation program
2or the unemployment insurance program under ch. 108.
SB11,10,43 (e) The experience rating under the standards and criteria under ss. 626.11 and
4626.12 remain with a client that makes an election under par. (a).
SB11,12 5Section 12 . 102.315 (2s) of the statutes is created to read:
SB11,10,76 102.315 (2s) Claim reporting. Any claim filed under this chapter for a leased
7employee shall include the client's federal employer identification number.
SB11,13 8Section 13 . 102.42 (1) of the statutes is amended to read:
SB11,11,59 102.42 (1) Treatment of employee. The Subject to the limitations under sub.
10(1p), the
employer shall supply such medical, surgical, chiropractic, psychological,
11podiatric, dental, and hospital treatment, medicines, medical and surgical supplies,
12crutches, artificial members, appliances, and training in the use of artificial
13members and appliances, or, at the option of the employee, Christian Science
14treatment in lieu of medical treatment, medicines, and medical supplies, as may be
15reasonably required to cure and relieve from the effects of the injury, and to attain
16efficient use of artificial members and appliances, and in case of the employer's
17neglect or refusal seasonably to do so, or in emergency until it is practicable for the
18employee to give notice of injury, the employer shall be liable for the reasonable
19expense incurred by or on behalf of the employee in providing such treatment,
20medicines, supplies, and training. When the employer has knowledge of the injury
21and the necessity for treatment, the employer's failure to tender the necessary
22treatment, medicines, supplies, and training constitutes such neglect or refusal. The
23employer shall also be liable for reasonable expense incurred by the employee for
24necessary treatment to cure and relieve the employee from the effects of occupational
25disease prior to the time that the employee knew or should have known the nature

1of his or her disability and its relation to employment, and as to such treatment subs.
2(2) and (3) shall not apply. The obligation to furnish such treatment and appliances
3shall continue as required to prevent further deterioration in the condition of the
4employee or to maintain the existing status of such condition whether or not healing
5is completed.
SB11,14 6Section 14 . 102.42 (1p) of the statutes is created to read:
SB11,11,107 102.42 (1p) Liability for treatment of certain mental injuries. The employer
8of an employee whose injury is a mental injury that is compensable under s. 102.17
9(9) is liable for the employee's treatment of the mental injury for no more than 32
10weeks after the injury is first reported.
SB11,15 11Section 15 . 102.44 (7) of the statutes is created to read:
SB11,11,1412 102.44 (7) In the case of an employee whose injury is a mental injury that is
13compensable under s. 102.17 (9), the period of disability may not exceed 32 weeks
14after the injury is first reported.
SB11,16 15Section 16 . 102.49 (5) (b) of the statutes is amended to read:
SB11,11,2216 102.49 (5) (b) In addition to the payment required under par. (a), in each case
17of injury resulting in death leaving no person dependent for support, the employer
18or insurer shall, except as provided in s. 102.58 (2), pay into the state treasury the
19amount of the death benefit otherwise payable, minus any payment made under s.
20102.48 (1),. The payment under this paragraph shall, except as provided in par. (cm),
21be made
in 5 equal annual installments, with the first installment due as of the date
22of death.
SB11,17 23Section 17 . 102.49 (5) (c) of the statutes is amended to read:
SB11,12,424 102.49 (5) (c) In addition to the payment required under par. (a), in each case
25of injury resulting in death, leaving one or more persons partially dependent for

1support, the employer or insurer shall, except as provided in s. 102.58 (2), pay into
2the state treasury an amount which, when added to the sums paid or to be paid on
3account of partial dependency and under s. 102.48 (1), shall equal the death benefit
4payable to a person wholly dependent.
SB11,18 5Section 18 . 102.49 (5) (cm) of the statutes is created to read:
SB11,12,116 102.49 (5) (cm) The employer or insurer may make advance payments of
7amounts owed under par. (b) or (c), up to and including a lump sum payment of the
8entire amount owed. If an employer or insurer makes an advance payment, the
9department shall give the employer or the insurer an interest credit against its
10liability for payments made in excess of that required under par. (b) or (c). The credit
11shall be computed at 5 percent.
SB11,19 12Section 19 . 102.49 (5) (e) of the statutes is amended to read:
SB11,12,1413 102.49 (5) (e) The adjustments in liability provided in ss. 102.57, 102.58 (1),
14and 102.60 do not apply to payments made under this section.
SB11,20 15Section 20 . 102.58 of the statutes is renumbered 102.58 (1) and amended to
16read:
SB11,12,2417 102.58 (1) If injury is caused by the failure of the employee to use safety devices
18that are provided in accordance with any statute, rule, or order of the department
19of safety and professional services and that are adequately maintained, and the use
20of which is reasonably enforced by the employer, or if injury results from the
21employee's failure to obey any reasonable rule adopted and reasonably enforced by
22the employer for the safety of the employee and of which the employee has notice, the
23compensation and death benefit provided in this chapter shall be reduced by 15
24percent, but the total reduction may not exceed $15,000.
SB11,13,7
1(2) If an employee violates the employer's policy concerning employee drug or
2alcohol use and is injured, and if that violation is causal to the employee's injury, no
3compensation or death benefits shall be payable to the injured employee or a
4dependent of the injured employee and no payment under s. 102.49 (5) (b) or (c) shall
5be payable
. Nothing in this section subsection shall reduce or eliminate an
6employer's liability for incidental compensation under s. 102.42 (1) to (8) or drug
7treatment under s. 102.425.
SB11,21 8Section 21 . Nonstatutory provisions.
SB11,13,139 (1) Worker's compensation insurance; rate approval; notice. The
10commissioner of insurance shall submit to the legislative reference bureau for
11publication in the Wisconsin Administrative Register a notice of the effective date
12of new rates for worker's compensation insurance first approved by the
13commissioner after the effective date of this subsection.
SB11,22 14Section 22 . Initial applicability.
SB11,13,1815 (1) The treatment of ss. 102.17 (9), 102.42 (1) and (1p), and 102.44 (7) first
16applies to injuries reported on the effective date of rate changes for worker's
17compensation insurance approved by the commissioner of insurance under s. 626.13
18after the effective date of this subsection.
SB11,13,1919 (End)
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