SB229: Bill Text

SB229,54,6 102.56 (1) Subject to sub. (2), if an employee is so permanently disfigured as to occasion potential wage loss due to the disfigurement, the department or the division may allow such sum as the department or the division considers just as compensation for the disfigurement, not exceeding the employee’s average annual earnings. In determining the potential for wage loss due to the disfigurement and the sum awarded, the department or the division shall take into account the age, education, training, and previous experience and earnings of the employee, the employee’s present occupation and earnings, and likelihood of future suitable occupational change. Consideration for disfigurement allowance is confined to those areas of the body that are exposed in the normal course of employment. The department or the division shall also take into account the appearance of the disfigurement, its location, and the likelihood of its exposure in occupations for which the employee is suited.

SB229,127 Section 127. 102.56 (2) of the statutes is amended to read:

SB229,54,12 102.56 (2) If an employee who claims compensation under sub. (1) returns to work for the employer who employed the employee at the time of the injury, or is offered employment with that employer, at the same or a higher wage, the department or the division may not allow that compensation unless the employee suffers an actual wage loss due to the disfigurement.

SB229,128 Section 128. 102.565 (1) of the statutes is amended to read:

SB229,55,9 102.565 (1) When, as a result of exposure in the course of employment over a period of time to toxic or hazardous substances or conditions, an employee performing work that is subject to this chapter develops any clinically observable abnormality or condition that, on competent medical opinion, predisposes or renders the employee in any manner differentially susceptible to disability to such an extent that it is inadvisable for the employee to continue employment involving that exposure, is discharged from or ceases to continue the employment, and suffers wage loss by reason of that discharge from, or cessation of, employment, the department or the division may allow such sum as the department or the division considers just as compensation for that wage loss, not exceeding $13,000. If a nondisabling condition may also be caused by toxic or hazardous exposure not related to employment and if the employee has a history of that exposure, compensation as provided under this section or any other remedy for loss of earning capacity shall not be allowed. If the employee is discharged from employment prior to a finding by the department or the division that it is inadvisable for the employee to continue in that employment and if it is reasonably probable that continued exposure would result in disability, the liability of the employer who discharges the employee is primary, and the liability of the employer’s insurer is secondary, under the same procedure and to the same effect as provided by s. 102.62.

SB229,129 Section 129. 102.565 (2) of the statutes is amended to read:

SB229,56,2 102.565 (2) Upon application of any employer or employee, the department or the division may direct any employee of the employer or an employee who, in the course of his or her employment, has been exposed to toxic or hazardous substances or conditions to submit to examination by one or more physicians appointed by the department or the division to determine whether the employee has developed any abnormality or condition under sub. (1), and the degree of that abnormality or condition. The cost of the medical examination shall be borne by the person making application. The physician conducting the examination shall submit the results of the examination to the department or the division, which shall submit copies of the reports to the employer and employee, who shall have an opportunity to rebut the reports if a request to submit a rebuttal is made to the department or the division within 10 days after the department or the division mails the report to the parties. The department or the division shall make its findings as to whether it is inadvisable for the employee to continue in his or her employment.

SB229,130 Section 130. 102.565 (3) of the statutes is amended to read:

SB229,56,7 102.565 (3) If, after direction by the commission, or any member of the commission, the department, the division, or an examiner, an employee refuses to submit to an examination or in any way obstructs the examination, the employee’s right to compensation under this section shall be barred.

SB229,131 Section 131. 102.61 (1g) (c) of the statutes is amended to read:

SB229,57,3 102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational rehabilitation services under 29 USC 701 to 796l, an employee shall provide the employer with a written report from a physician, chiropractor, psychologist, or podiatrist stating the employee’s permanent work restrictions. Within 60 days after receiving that report, the employer shall provide to the employee in writing an offer of suitable employment, a statement that the employer has no suitable employment for the employee, or a report from a physician, chiropractor, psychologist, or podiatrist showing that the permanent work restrictions provided by the employee’s practitioner are in dispute and documentation showing that the difference in work restrictions would materially affect either the employer’s ability to provide suitable employment or a vocational rehabilitation counselor’s ability to recommend a rehabilitative training program. If the employer and employee cannot resolve the dispute within 30 days after the employee receives the employer’s report and documentation, the employer or employee may request a hearing before the division department to determine the employee’s work restrictions. Within 30 days after the division department determines the employee’s work restrictions, the employer shall provide to the employee in writing an offer of suitable employment or a statement that the employer has no suitable employment for the employee.

SB229,132 Section 132. 102.61 (2) of the statutes is amended to read:

SB229,57,12 102.61 (2) The division department, the commission, and the courts shall determine the rights and liabilities of the parties under this section in like manner and with like effect as the division department, the commission, and the courts determine other issues under this chapter. A determination under this subsection may include a determination based on the evidence regarding the cost or scope of the services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program developed under sub. (1m) (a).

SB229,133 Section 133. 102.62 of the statutes is amended to read:

SB229,58,6 102.62 Primary and secondary liability; unchangeable. In case of liability under s. 102.57 or 102.60, the liability of the employer shall be primary and the liability of the insurance carrier shall be secondary. If proceedings are had before the division department for the recovery of that liability, the division department shall set forth in its award the amount and order of liability as provided in this section. Execution shall not be issued against the insurance carrier to satisfy any judgment covering that liability until execution has first been issued against the employer and has been returned unsatisfied as to any part of that liability. Any provision in any insurance policy undertaking to guarantee primary liability or to avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the employer has been adjudged bankrupt or has made an assignment for the benefit of creditors, if the employer, other than an individual, has gone out of business or has been dissolved, or if the employer is a corporation and its charter has been forfeited or revoked, the insurer shall be liable for the payment of that liability without judgment or execution against the employer, but without altering the primary liability of the employer.

SB229,134 Section 134. 102.64 (1) of the statutes is amended to read:

SB229,58,20 102.64 (1) Upon request of the department of administration, a representative of the department of justice shall represent the state in cases involving payment into or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The department of justice, after giving notice to the department of administration, may compromise the amount of those payments but such compromises shall be subject to review by the department or the division. If the spouse or domestic partner under ch. 770 of the deceased employee compromises his or her claim for a primary death benefit, the claim of the children of the employee under s. 102.49 shall be compromised on the same proportional basis, subject to approval by the department or the division. If the persons entitled to compensation on the basis of total dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be compromised on the same proportional basis.

SB229,135 Section 135. 102.64 (2) of the statutes is amended to read:

SB229,59,10 102.64 (2) Upon request of the department of administration, the attorney general shall appear on behalf of the state in proceedings upon claims for compensation against the state. Except as provided in s. 102.65 (3), the department of justice shall represent the interests of the state in proceedings under s. 102.44 (1), 102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims in those proceedings, but the compromises are subject to review by the department or the division. Costs incurred by the department of justice in prosecuting or defending any claim for payment into or out of the work injury supplemental benefit fund under s. 102.65, including expert witness and witness fees but not including attorney fees or attorney travel expenses for services performed under this subsection, shall be paid from the work injury supplemental benefit fund.

SB229,136 Section 136. 102.65 (3) of the statutes is amended to read:

SB229,59,19 102.65 (3) The department of workforce development may retain the department of administration to process, investigate, and pay claims under ss. 102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce development, the department of administration may compromise a claim processed by that department, but a compromise made by that department is subject to review by the department of workforce development or the division. The department of workforce development shall pay for the services retained under this subsection from the appropriation account under s. 20.445 (1) (t).

SB229,137 Section 137. 102.66 (1) of the statutes is amended to read:

SB229,60,11 102.66 (1) Subject to any certificate filed under s. 102.65 (4), if there is an otherwise meritorious claim for occupational disease, or for a traumatic injury described in s. 102.17 (4) in which the date of injury or death or last payment of compensation, other than for treatment or burial expenses, is before April 1, 2006, and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the department or the division may, in lieu of worker’s compensation benefits, direct payment from the work injury supplemental benefit fund under s. 102.65 of such compensation and such medical expenses as would otherwise be due, based on the date of injury, to or on behalf of the injured employee. The benefits shall be supplemental, to the extent of compensation liability, to any disability or medical benefits payable from any group insurance policy whose premium is paid in whole or in part by any employer, or under any federal insurance or benefit program providing disability or medical benefits. Death benefits payable under any such group policy do not limit the benefits payable under this section.

SB229,138 Section 138. 102.75 (1) of the statutes is amended to read:

SB229,61,4 102.75 (1) The department shall assess upon and collect from each licensed worker’s compensation insurance carrier and from each employer exempted under s. 102.28 (2) (b) or (bm) from the duty to carry insurance under s. 102.28 (2) (a) the proportion of total costs and expenses incurred by the council on worker’s compensation for travel and research and by the department, the division, and the commission in the administration of this chapter for the current fiscal year, plus any deficiencies in collections and anticipated costs from the previous fiscal year, that the total indemnity paid or payable under this chapter by each such carrier and exempt employer in worker’s compensation cases initially closed during the preceding calendar year, other than for increased, double, or treble compensation, bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers and exempt employers, other than for increased, double, or treble compensation. The council on worker’s compensation, the division, and the commission shall annually certify any costs and expenses for worker’s compensation activities to the department at such time as the secretary requires.

SB229,139 Section 139. 227.43 (1) (bm) of the statutes is repealed.

SB229,140 Section 140. 227.43 (2) (am) of the statutes is repealed.

SB229,141 Section 141. 227.43 (3) (bm) of the statutes is repealed.

SB229,142 Section 142. 227.43 (4) (bm) of the statutes is repealed.

SB229,143 Section 143. Nonstatutory provisions.

SB229,61,10 (1) Transfer of worker’s compensation adjudicatory functions.

SB229,61,15 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the division of hearings and appeals in the department of administration that are primarily related to worker’s compensation matters, as determined by the secretary of workforce development, shall become the assets and liabilities of the department of workforce development.

SB229,61,21 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the division of hearings and appeals in the department of administration performing duties that are primarily related to worker’s compensation matters, as determined by the secretary of workforce development, are transferred to the department of workforce development.

SB229,62,4 (c) Employee status. Employees transferred under par. (b) have all the rights and the same status under ch. 230 in the department of workforce development that they enjoyed in the division of hearings and appeals in the department of administration immediately before the transfer. Notwithstanding s. 230.28 (4), no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB229,62,9 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the division of hearings and appeals in the department of administration that is primarily related to worker’s compensation matters, as determined by the secretary of workforce development, is transferred to the department of workforce development.

SB229,62,17 (e) Pending matters. Any worker’s compensation matter pending with the division of hearings and appeals in the department of administration on the effective date of this paragraph, as determined by the secretary of workforce development, is transferred to the department of workforce development. All materials submitted to or actions taken by the division of hearings and appeals in the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

SB229,63,2 (f) Contracts. All contracts entered into by the division of hearings and appeals in the department of administration in effect on the effective date of this paragraph that are primarily related to worker’s compensation matters, as determined by the secretary of workforce development, remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under those contracts unless modified or rescinded by the department of workforce development to the extent allowed under the contract.

SB229,63,14 (g) Rules and orders. All rules promulgated by the division of hearings and appeals in the department of administration in effect on the effective date of this paragraph that are primarily related to worker’s compensation matters, as determined by the secretary of workforce development, are transferred to the department of workforce development and remain in effect until their specified expiration dates or until amended or repealed by the department of workforce development. All orders issued by the division of hearings and appeals in the department of administration in effect on the effective date of this paragraph that are primarily related to worker’s compensation matters, as determined by the secretary of workforce development, are transferred to the department of workforce development and remain in effect until their specified expiration dates or until modified or rescinded by the department of workforce development.

SB229,144 Section 144. Effective date.

SB229,63,16 (1) This act takes effect on January 1, 2026.

SB229,63,17 (end)