SB898: Bill Text

SB898,14,17 102.18 (2) (a) The department shall have and maintain on its staff such examiners as are necessary to hear and decide claims for compensation described in s. 102.16 (1) (b) 1. and to assist in the effective administration of this chapter.

SB898,30 Section 30 . 102.18 (3) of the statutes is amended to read:

SB898,15,10 102.18 (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 setting aside of 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.

SB898,31 Section 31 . 102.33 (2) (b) 7. of the statutes is created to read:

SB898,15,17 102.33 (2) (b) 7. The requester is the department of health services, a county department of social services under s. 46.215 or 46.22, or a county department of human services under s. 46.23, and the request is limited to the name and address of the employee who is the subject of the record, the name and address of the employee's employer, and any financial information about that employee contained in the record.

SB898,32 Section 32. 102.39 (title) of the statutes is repealed.

SB898,33 Section 33 . 102.39 of the statutes is renumbered 102.15 (1) (a) and amended to read:

SB898,15,25 102.15 (1) (a) The department may promulgate rules as necessary to carry out its duties and functions under this chapter. The provisions of s. 103.005 relating to the adoption, publication, modification, and court review of rules or general orders of the department shall apply to all rules promulgated or general orders adopted under this chapter.

SB898,34 Section 34. 102.43 (6) (b) of the statutes is amended to read:

SB898,16,10 102.43 (6) (b) In the case of an employee whose average weekly earnings are calculated under s. 102.11 (1) (a) (ap) 2., wages received from other employment held by the employee when the injury occurred shall be considered in computing actual wage loss from the employer in whose employ the employee sustained the injury as provided in this paragraph. If an employee's average weekly earnings are calculated under s. 102.11 (1) (a) (ap) 2., wages received from other employment held by the employee when the injury occurred shall be offset against those average weekly earnings and not against the employee's actual earnings in the employment in which the employee was engaged at the time of the injury.

SB898,35 Section 35 . 102.61 (1g) (a) 2. of the statutes is amended to read:

SB898,16,15 102.61 (1g) (a) 2. The employee was performing part-time employment at the time of the injury, the employee's average weekly wage for compensation purposes is calculated under s. 102.11 (1) (f) 1. or 2. (ap) 2., and that average weekly wage exceeds the employee's gross average weekly wage for the part-time employment.

SB898,36 Section 36 . 102.80 (1) (d) of the statutes is amended to read:

SB898,16,18 102.80 (1) (d) Amounts collected from employees or dependents of employees under s. 102.81 (4) (b) and (c).

SB898,37 Section 37 . 102.81 (4) (b) (intro.) of the statutes is amended to read:

SB898,16,22 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from the employee's employer or a 3rd party liable under s. 102.29, pay to the department the lesser of the following:

SB898,38 Section 38 . 102.81 (4) (b) 2. of the statutes is amended to read:

SB898,16,25 102.81 (4) (b) 2. The amount after attorney fees and costs that the employee or dependent received from the employer or 3rd party.

SB898,39 Section 39. 102.81 (4) (c) of the statutes is created to read:

SB898,17,4 102.81 (4) (c) If the employee or dependent receives compensation from a 3rd party that is liable under s. 102.29, pay to the department the proceeds as specified under s. 102.29 (1) (b).

SB898,40 Section 40 . 102.81 (5) of the statutes is amended to read:

SB898,17,7 102.81 (5) The department of justice may bring an action to collect the a payment under sub. (4) (b) or (c).

SB898,41 Section 41 . 102.82 (1) of the statutes is amended to read:

SB898,17,17 102.82 (1) Except as provided in sub. (2) (ar), an uninsured employer shall reimburse the department for any payment made under s. 102.81 (1) to or on behalf of an employee of the uninsured employer or to an employee's dependents and for any expenses paid by the department in administering the claim of the employee or dependents, less amounts repaid by the employee or dependents under s. 102.81 (4) (b) or (c). The reimbursement owed under this subsection is due within 30 days after the date on which the department notifies the uninsured employer that the reimbursement is owed. Interest shall accrue on amounts not paid when due at the rate of 1 percent per month.

SB898,42 Section 42 . 108.227 (1) (e) 16. of the statutes is created to read:

SB898,17,20 108.227 (1) (e) 16. A license issued by the division of hearings and appeals under s. 102.17 (1) (c).

SB898,43 Section 43 . 108.227 (1) (f) of the statutes is amended to read:

SB898,18,4 108.227 (1) (f) “Licensing department" means the department of administration; the division of hearings and appeals; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the ethics commission; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.

SB898,44 Section 44 . 108.227 (1m) (intro.) of the statutes is amended to read:

SB898,18,11 108.227 (1m) General provisions. (intro.) The department shall promulgate rules specifying procedures to be used before taking action under sub. (3) (b) or s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4) with respect to a person whose license or credential is to be denied, not renewed, discontinued, suspended, or revoked, including rules with respect to all of the following:

SB898,45 Section 45 . 108.227 (3) (a) 3. of the statutes is amended to read:

SB898,18,16 108.227 (3) (a) 3. Upon the request of any person whose license or certificate has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or certificate if the applicant is not liable for delinquent contributions.

SB898,46 Section 46 . 108.227 (5) (a) of the statutes is amended to read:

SB898,19,9 108.227 (5) (a) The department of workforce development shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review a certification or determination of contribution delinquency that is the basis of a denial, suspension, or revocation of a license or certificate in accordance with this section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the contributions that the department of workforce development certified or determined the license or certificate holder or applicant owes the department. At a hearing under this paragraph, any statement filed by the department of workforce development, the licensing department, or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing, or review, except as provided in sub. (6).

SB898,47 Section 47 . 108.227 (5) (b) 1. of the statutes is amended to read:

SB898,19,19 108.227 (5) (b) 1. Issue a nondelinquency certificate to a license holder or an applicant for a license or license renewal or continuation if the department determines that the license holder or applicant is not liable for delinquent contributions. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department shall grant a license or certificate or reinstate a license or certificate if the department determines that the applicant for or the holder of the license or certificate is not liable for delinquent contributions, unless there are other grounds for denying the application or revoking the license or certificate.

SB898,48 Section 48 . 108.227 (5) (b) 2. of the statutes is amended to read:

SB898,20,4 108.227 (5) (b) 2. Provide notice that the department of workforce development has affirmed its certification of contribution delinquency to a license holder; to an applicant for a license, a license renewal, or a license continuation; and to the licensing department or the supreme court, if the supreme court agrees. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department of workforce development shall provide notice to the license or certificate holder or applicant that the department of workforce development has affirmed its determination of contribution delinquency.

SB898,49 Section 49 . Nonstatutory provisions.

SB898,20,11 (1) All rules promulgated by the department of workforce development in effect on the effective date of this subsection that are primarily related to licenses issued under s. 102.17 (1) (c), as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the administrator of the division of hearings and appeals in the department of administration.

SB898,20,12 (End)