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SB229,13,2315102.16 (2) (b) An insurer or self-insured employer that disputes the
16reasonableness of a fee charged by a health service provider or the department or
17the division under sub. (1m) (a) or s. 102.18 (1) (bg) 1. shall provide reasonable
18written notice to the health service provider that the fee is being disputed. After
19receiving reasonable written notice under this paragraph or under sub. (1m) (a) or
20s. 102.18 (1) (bg) 1. that a health service fee is being disputed, a health service
21provider may not collect the disputed fee from, or bring an action for collection of
22the disputed fee against, the employee who received the services for which the fee
23was charged.
SB229,26
1Section 26. 102.16 (2m) (a) of the statutes is amended to read:
SB229,14,162102.16 (2m) (a) Except as provided in this paragraph, the department has
3jurisdiction under this subsection, the department and the division have
4jurisdiction under sub. (1m) (b), and the division has jurisdiction under s. 102.17 to
5resolve a dispute between a health service provider and an insurer or self-insured
6employer over the necessity of treatment provided for an injured employee who
7claims benefits under this chapter. A health service provider may not submit a
8dispute over necessity of treatment to the department under this subsection before
9all treatment by the health service provider of the employees injury has ended if
10the amount in controversy, whether based on a single charge or a combination of
11charges for one or more days of service, is less than $25. After all treatment by a
12health service provider of an employees injury has ended, the health service
13provider may submit any dispute over necessity of treatment to the department,
14regardless of the amount in controversy. The department shall deny payment for
15any treatment that the department determines under this subsection to be
16unnecessary.
SB229,2717Section 27. 102.16 (2m) (b) of the statutes is amended to read:
SB229,15,318102.16 (2m) (b) An insurer or self-insured employer that disputes the
19necessity of treatment provided by a health service provider or the department or
20the division under sub. (1m) (b) or s. 102.18 (1) (bg) 2. shall provide reasonable
21written notice to the health service provider that the necessity of that treatment is
22being disputed. After receiving reasonable written notice under this paragraph or
23under sub. (1m) (b) or s. 102.18 (1) (bg) 2. that the necessity of treatment is being

1disputed, a health service provider may not collect a fee for that disputed treatment
2from, or bring an action for collection of the fee for that disputed treatment against,
3the employee who received the treatment.
SB229,284Section 28. 102.16 (4) of the statutes is amended to read:
SB229,15,125102.16 (4) The department and the division have has jurisdiction to pass on
6any question arising out of sub. (3) and to order the employer to reimburse an
7employee or other person for any sum deducted from wages or paid by him or her in
8violation of that subsection. In addition to the penalty provided in s. 102.85 (1), any
9employer violating sub. (3) shall be liable to an injured employee for the reasonable
10value of the necessary services rendered to that employee under any arrangement
11made in violation of sub. (3) without regard to that employees actual
12disbursements for those services.
SB229,2913Section 29. 102.17 (1) (a) 1. of the statutes is amended to read:
SB229,15,1914102.17 (1) (a) 1. Upon the filing with the department by any party in interest
15of any application in writing stating the general nature of any claim as to which any
16dispute or controversy may have arisen, the department shall mail a copy of the
17application to all other parties in interest, and the insurance carrier shall be
18considered a party in interest. The department or the division may bring in
19additional parties by service of a copy of the application.
SB229,3020Section 30. 102.17 (1) (a) 2. of the statutes is amended to read:
SB229,16,721102.17 (1) (a) 2. Subject to subd. 3., the division department shall cause notice
22of hearing on the application to be given to each interested party by service of that
23notice on the interested party personally or by mailing a copy of that notice to the

1interested partys last-known address at least 10 days before the hearing. If a party
2in interest is located without this state, and has no post-office address within this
3state, the copy of the application and copies of all notices shall be filed with the
4department of financial institutions and shall also be sent by registered or certified
5mail to the last-known post-office address of the party. Such filing and mailing
6shall constitute sufficient service, with the same effect as if served upon a party
7located within this state.
SB229,318Section 31. 102.17 (1) (a) 3. of the statutes is amended to read:
SB229,16,139102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has
10acted with malice or bad faith as described in s. 102.18 (1) (b) 3. or (bp), that party
11shall provide written notice stating with reasonable specificity the basis for the
12claim to the employer, the insurer, and the department, and the division before the
13division department schedules a hearing on the claim of malice or bad faith.
SB229,3214Section 32. 102.17 (1) (a) 4. of the statutes is amended to read:
SB229,16,2315102.17 (1) (a) 4. The hearing may be adjourned in the discretion of the
16division department, and hearings may be held at such places as the division
17department designates, within or without the state. The division department may
18also arrange to have hearings held by the commission, officer, or tribunal having
19authority to hear cases arising under the workers compensation law of any other
20state, of the District of Columbia, or of any territory of the United States, with the
21testimony and proceedings at any such hearing to be reported to the division
22department and to be made part of the record in the case. Any evidence so taken
23shall be subject to rebuttal upon final hearing before the division department.
SB229,33
1Section 33. 102.17 (1) (b) of the statutes is amended to read:
SB229,17,152102.17 (1) (b) In any dispute or controversy pending before the division
3department, the division department may direct the parties to appear before an
4examiner for a conference to consider the clarification of issues, the joining of
5additional parties, the necessity or desirability of amendments to the pleadings, the
6obtaining of admissions of fact or of documents, records, reports, and bills that may
7avoid unnecessary proof, and such other matters as may aid in disposition of the
8dispute or controversy. After that conference the division department may issue an
9order requiring disclosure or exchange of any information or written material that
10the division department considers material to the timely and orderly disposition of
11the dispute or controversy. If a party fails to disclose or exchange that information
12within the time stated in the order, the division department may issue an order
13dismissing the claim without prejudice or excluding evidence or testimony relating
14to the information or written material. The division department shall provide each
15party with a copy of any order issued under this paragraph.
SB229,3416Section 34. 102.17 (1) (c) of the statutes is amended to read:
SB229,18,817102.17 (1) (c) 1. Any party shall have the right to be present at any hearing, in
18person or by attorney or any other agent, and to present such testimony as may be
19pertinent to the controversy before the division department. No person, firm, or
20corporation, other than an attorney at law who is licensed to practice law in the
21state, may appear on behalf of any party in interest before the division department
22or any member or employee of the division department assigned to conduct any
23hearing, investigation, or inquiry relative to a claim for compensation or benefits

1under this chapter, unless the person is 18 years of age or older, does not have an
2arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise
3qualified, and has obtained from the division department a license with
4authorization to appear in matters or proceedings before the division department.
5Except as provided under pars. (cm), (cr), and (ct), the license shall be issued by the
6division department under rules promulgated by the division department. The
7division department shall maintain in its office a current list of persons to whom
8licenses have been issued.
SB229,18,2392. Any license issued under subd. 1. may be suspended or revoked by the
10division department for fraud or serious misconduct on the part of an agent, may be
11denied, suspended, nonrenewed, or otherwise withheld by the division department
12for failure to pay court-ordered payments as provided in par. (cm) on the part of an
13agent, and may be denied or revoked if the department of revenue certifies under s.
1473.0301 that the applicant or licensee is liable for delinquent taxes or if the
15department of workforce development certifies under s. 108.227 that the applicant
16or licensee is liable for delinquent unemployment insurance contributions. Before
17suspending or revoking the license of the agent on the grounds of fraud or
18misconduct, the division department shall give notice in writing to the agent of the
19charges of fraud or misconduct and shall give the agent full opportunity to be heard
20in relation to those charges. In denying, suspending, restricting, refusing to renew,
21or otherwise withholding a license for failure to pay court-ordered payments as
22provided in par. (cm), the division department shall follow the procedure provided
23in a memorandum of understanding entered into under s. 49.857.
SB229,19,4243. Unless otherwise suspended or revoked, a license issued under subd. 1.

1shall be in force from the date of issuance until the June 30 following the date of
2issuance and may be periodically renewed by the division department, but each
3renewed license shall expire on the June 30 following the issuance of the renewed
4license.
SB229,355Section 35. 102.17 (1) (cg) 1. of the statutes is amended to read:
SB229,19,116102.17 (1) (cg) 1. Except as provided in subd. 2m., the division department
7shall require each applicant for a license under par. (c) who is an individual to
8provide the division department with the applicants social security number, and
9shall require each applicant for a license under par. (c) who is not an individual to
10provide the division department with the applicants federal employer
11identification number, when initially applying for or applying to renew the license.
SB229,3612Section 36. 102.17 (1) (cg) 2. of the statutes is amended to read:
SB229,19,2013102.17 (1) (cg) 2. If an applicant who is an individual fails to provide the
14applicants social security number to the division department or if an applicant who
15is not an individual fails to provide the applicants federal employer identification
16number to the division department, the division department may not issue or
17renew a license under par. (c) to or for the applicant unless the applicant is an
18individual who does not have a social security number and the applicant submits a
19statement made or subscribed under oath or affirmation as required under subd.
202m.
SB229,3721Section 37. 102.17 (1) (cg) 2m. of the statutes is amended to read:
SB229,20,422102.17 (1) (cg) 2m. If an applicant who is an individual does not have a social
23security number, the applicant shall submit a statement made or subscribed under

1oath or affirmation to the division department that the applicant does not have a
2social security number. The form of the statement shall be prescribed by the
3division department. A license issued in reliance upon a false statement submitted
4under this subdivision is invalid.
SB229,385Section 38. 102.17 (1) (cg) 3. of the statutes is amended to read:
SB229,20,116102.17 (1) (cg) 3. The division department may not disclose any information
7received under subd. 1. to any person except to the department of revenue for the
8sole purpose of requesting certifications under s. 73.0301, the department of
9workforce development for the sole purpose of requesting certifications under s.
10108.227, or the department of children and families for purposes of administering s.
1149.22.
SB229,3912Section 39. 102.17 (1) (cr) of the statutes is amended to read:
SB229,20,1813102.17 (1) (cr) The division department shall deny an application for the
14issuance or renewal of a license under par. (c), or revoke such a license already
15issued, if the department of revenue certifies under s. 73.0301 that the applicant or
16licensee is liable for delinquent taxes. Notwithstanding par. (c), an action taken
17under this paragraph is subject to review only as provided under s. 73.0301 (5) and
18not as provided in ch. 227.
SB229,4019Section 40. 102.17 (1) (ct) of the statutes is amended to read:
SB229,21,220102.17 (1) (ct) The division department shall deny an application for the
21issuance or renewal of a license under par. (c), or revoke such a license already
22issued, if the department certifies under s. 108.227 that the applicant or licensee is
23liable for delinquent contributions, as defined in s. 108.227 (1) (d).

1Notwithstanding par. (c), an action taken under this paragraph is subject to review
2only as provided under s. 108.227 (5) and not as provided in ch. 227.
SB229,413Section 41. 102.17 (1) (d) 2. and 4. of the statutes are amended to read:
SB229,21,124102.17 (1) (d) 2. The record of a hospital or sanatorium in this state that is
5satisfactory to the division department, established by certificate, affidavit, or
6testimony of the supervising officer of the hospital or sanatorium, any other person
7having charge of the record, or a physician, podiatrist, surgeon, dentist,
8psychologist, physician assistant, advanced practice registered nurse, or
9chiropractor to be the record of the patient in question, and made in the regular
10course of examination or treatment of the patient, constitutes prima facie evidence
11as to the matter contained in the record, to the extent that the record is otherwise
12competent and relevant.
SB229,21,15134. A report or record described in subd. 1., 2., or 3. that is admitted or received
14into evidence by the division department constitutes substantial evidence under s.
15102.23 (6) as to the matter contained in the report or record.
SB229,4216Section 42. 102.17 (1) (e) of the statutes is amended to read:
SB229,22,217102.17 (1) (e) The division department may, with or without notice to any
18party, cause testimony to be taken, an inspection of the premises where the injury
19occurred to be made, or the time books and payrolls of the employer to be examined
20by any examiner, and may direct any employee claiming compensation to be
21examined by a physician, chiropractor, psychologist, dentist, or podiatrist. The
22testimony so taken, and the results of any such inspection or examination, shall be
23reported to the division department for its consideration upon final hearing. All ex

1parte testimony taken by the division department shall be reduced to writing, and
2any party shall have opportunity to rebut that testimony on final hearing.
SB229,433Section 43. 102.17 (1) (f) 1. of the statutes is amended to read:
SB229,22,44102.17 (1) (f) 1. Beyond reach of the subpoena of the division department.
SB229,445Section 44. 102.17 (1) (g) of the statutes is amended to read:
SB229,22,186102.17 (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
8division department may direct that the injured employee be examined, that an
9autopsy be performed, or that an opinion be obtained without examination or
10autopsy, by or from an impartial, competent physician, chiropractor, dentist,
11psychologist or podiatrist designated by the division department who is not under
12contract with or regularly employed by a compensation insurance carrier or self-
13insured employer. The expense of the examination, autopsy, or opinion shall be
14paid by the employer or, if the employee claims compensation under s. 102.81, from
15the uninsured employers fund. The report of the examination, autopsy, or opinion
16shall be transmitted in writing to the division department and a copy of the report
17shall be furnished by the division department to each party, who shall have an
18opportunity to rebut the report on further hearing.
SB229,4519Section 45. 102.17 (1) (h) of the statutes is amended to read:
SB229,23,420102.17 (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

1evidence as to matter contained in those reports. A report described in this
2paragraph that is admitted or received into evidence by the division department
3constitutes substantial evidence under s. 102.23 (6) as to the matter contained in
4the report.
SB229,465Section 46. 102.17 (2) of the statutes is amended to read:
SB229,23,146102.17 (2) If the division department has reason to believe that the payment
7of compensation has not been made, the division department may on its own motion
8give notice to the parties, in the manner provided for the service of an application,
9of a time and place when a hearing will be held for the purpose of determining the
10facts. The notice shall contain a statement of the matter to be considered. All
11provisions of this chapter governing proceedings on an application shall apply,
12insofar as applicable, to a proceeding under this subsection. When the division
13department schedules a hearing on its own motion, the division department does
14not become a party in interest and is not required to appear at the hearing.
SB229,4715Section 47. 102.17 (2m) of the statutes is amended to read:
SB229,23,2116102.17 (2m) The division or any Any party, including the department, may
17require any person to produce books, papers, and records at the hearing by personal
18service of a subpoena upon the person along with a tender of witness fees as
19provided in ss. 814.67 and 885.06. Except as provided in sub. (2s), the subpoena
20shall be on a form provided by the division department and shall give the name and
21address of the party requesting the subpoena.
SB229,4822Section 48. 102.17 (2s) of the statutes is amended to read:
SB229,24,623102.17 (2s) A partys attorney of record may issue a subpoena to compel the

1attendance of a witness or the production of evidence. A subpoena issued by an
2attorney must be in substantially the same form as provided in s. 805.07 (4) and
3must be served in the manner provided in s. 805.07 (5). The attorney shall, at the
4time of issuance, send a copy of the subpoena to the hearing examiner or other
5representative of the division department responsible for conducting the
6proceeding.
SB229,497Section 49. 102.17 (4) (a) of the statutes is amended to read:
SB229,24,198102.17 (4) (a) Except as provided in this subsection and s. 102.555 (12) (b), in
9the case of occupational disease, the right of an employee, the employees legal
10representative, a dependent, the employees employer or the employers insurance
11company, or other named party to proceed under this section shall not extend
12beyond 12 years after the date of the injury or death or after the date that
13compensation, other than for treatment or burial expenses, was last paid, or would
14have been last payable if no advancement were made, whichever date is latest, and
15in the case of traumatic injury, that right shall not extend beyond 6 years after that
16date. The statute of limitations under this subsection begins to run on the date an
17order is issued by the division department approving a compromise agreement. A
18further claim is not barred except as provided in this subsection, regardless of
19whether an award is made.
SB229,5020Section 50. 102.17 (7) (b) of the statutes is amended to read:
SB229,25,821102.17 (7) (b) Except as provided in par. (c), the division department shall
22exclude from evidence testimony or certified reports from expert witnesses under
23par. (a) offered by the party that raises the issue of loss of earning capacity if that
24party failed to notify the division department and the other parties of interest, at

1least 60 days before the date of the hearing, of the partys intent to provide the
2testimony or reports and of the names of the expert witnesses involved. Except as
3provided in par. (c), the division department shall exclude from evidence testimony
4or certified reports from expert witnesses under par. (a) offered by a party of
5interest in response to the party that raises the issue of loss of earning capacity if
6the responding party failed to notify the division department and the other parties
7of interest, at least 45 days before the date of the hearing, of the partys intent to
8provide the testimony or reports and of the names of the expert witnesses involved.
SB229,519Section 51. 102.17 (7) (c) of the statutes is amended to read:
SB229,25,1410102.17 (7) (c) Notwithstanding the notice deadlines provided in par. (b), the
11division department may receive in evidence testimony or certified reports from
12expert witnesses under par. (a) when the applicable notice deadline under par. (b) is
13not met if good cause is shown for the delay in providing the notice required under
14par. (b) and if no party is prejudiced by the delay.
SB229,5215Section 52. 102.17 (8) of the statutes is amended to read:
SB229,26,716102.17 (8) Unless otherwise agreed to by all parties, an injured employee
17shall file with the division department and serve on all parties at least 15 days
18before the date of the hearing an itemized statement of all medical expenses and
19incidental compensation under s. 102.42 claimed by the injured employee. The
20itemized statement shall include, if applicable, information relating to any travel
21expenses incurred by the injured employee in obtaining treatment including the
22injured employees destination, number of trips, round trip mileage, and meal and
23lodging expenses. The division department may not admit into evidence any

1information relating to medical expenses and incidental compensation under s.
2102.42 claimed by an injured employee if the injured employee failed to file with the
3division department and serve on all parties at least 15 days before the date of the
4hearing an itemized statement of the medical expenses and incidental
5compensation under s. 102.42 claimed by the injured employee, unless the division
6department is satisfied that there is good cause for the failure to file and serve the
7itemized statement.
SB229,538Section 53. 102.175 (2) of the statutes is amended to read:
SB229,26,169102.175 (2) If after a hearing or a prehearing conference the division
10department determines that an injured employee is entitled to compensation but
11that there remains in dispute only the issue of which of 2 or more parties is liable
12for that compensation, the division department may order one or more parties to
13pay compensation in an amount, time, and manner as determined by the division
14department. If the division department later determines that another party is
15liable for compensation, the division department shall order that other party to
16reimburse any party that was ordered to pay compensation under this subsection.
SB229,5417Section 54. 102.175 (3) (c) of the statutes is amended to read:
SB229,26,2218102.175 (3) (c) Upon request of the department, the division, the employer, or
19the employers workers compensation insurer, an injured employee who claims
20compensation for an injury causing permanent disability shall disclose all previous
21findings of permanent disability or other impairments that are relevant to that
22injury.
SB229,5523Section 55. 102.18 (1) (b) 1. of the statutes is amended to read:
SB229,27,7
1102.18 (1) (b) 1. Within 90 days after the final hearing and close of the record,
2the division department shall make and file its findings upon the ultimate facts
3involved in the controversy, and its order, which shall state the divisions
4departments determination as to the rights of the parties. Pending the final
5determination of any controversy before it, the division department, after any
6hearing, may, in its discretion, make interlocutory findings, orders, and awards,
7which may be enforced in the same manner as final awards.
SB229,568Section 56. 102.18 (1) (b) 1d. of the statutes is amended to read:
SB229,27,159102.18 (1) (b) 1d. If an application has been filed under s. 102.17 (1) (a) 1. for
10a claim for compensation, after the division department issues an order on the
11merits of the case of the claim under subd. 1., or an order under sub. (2) (c), if there
12is no pending action for review by a court, the division shall return to the
13department the file for the case of the claim within 30 days after issuing the order.
14The department shall conduct further administrative activities, including closing
15the case of the claim.
SB229,5716Section 57. 102.18 (1) (b) 1t. of the statutes is repealed.
SB229,5817Section 58. 102.18 (1) (b) 2. of the statutes is amended to read:
SB229,27,2318102.18 (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 of
21the injury or to pay for a future course of instruction or other rehabilitation training
22services provided under a rehabilitation training program developed under s.
23102.61 (1) or (1m).
SB229,5924Section 59. 102.18 (1) (b) 3. of the statutes is amended to read:
SB229,28,5
1102.18 (1) (b) 3. If the division department finds that the employer or insurer
2has not paid any amount that the employer or insurer was directed to pay in any
3interlocutory order or award and that the nonpayment was not in good faith, the
4division department may include in its final award a penalty not exceeding 25
5percent of each amount that was not paid as directed.
SB229,606Section 60. 102.18 (1) (bg) 1. of the statutes is amended to read:
SB229,28,157102.18 (1) (bg) 1. If the division department finds under par. (b) that an
8insurer or self-insured employer is liable under this chapter for any health services
9provided to an injured employee by a health service provider, but that the
10reasonableness of the fee charged by the health service provider is in dispute, the
11division department may include in its order under par. (b) a determination made
12by the department under s. 102.16 (2) as to the reasonableness of the fee or, if such
13a determination has not yet been made, the division department may notify, or
14direct the insurer or self-insured employer to notify, the health service provider
15under s. 102.16 (2) (b) that the reasonableness of the fee is in dispute.
SB229,6116Section 61. 102.18 (1) (bg) 2. of the statutes is amended to read:
SB229,29,217102.18 (1) (bg) 2. If the division department finds under par. (b) that an
18employer or insurance carrier is liable under this chapter for any treatment
19provided to an injured employee by a health service provider, but that the necessity
20of the treatment is in dispute, the division department may include in its order
21under par. (b) a determination made by the department under s. 102.16 (2m) as to
22the necessity of the treatment or, if such a determination has not yet been made, the
23division department may notify, or direct the employer or insurance carrier to

1notify, the health service provider under s. 102.16 (2m) (b) that the necessity of the
2treatment is in dispute.
SB229,623Section 62. 102.18 (1) (bg) 3. of the statutes is amended to read:
SB229,29,144102.18 (1) (bg) 3. If the division department finds under par. (b) that an
5insurer or self-insured employer is liable under this chapter for the cost of a
6prescription drug dispensed under s. 102.425 (2) for outpatient use by an injured
7employee, but that the reasonableness of the amount charged for that prescription
8drug is in dispute, the division department may include in its order under par. (b) a
9determination made by the department under s. 102.425 (4m) as to the
10reasonableness of the prescription drug charge or, if such a determination has not
11yet been made, the division department may notify, or direct the insurer or self-
12insured employer to notify, the pharmacist or practitioner dispensing the
13prescription drug under s. 102.425 (4m) (b) that the reasonableness of the
14prescription drug charge is in dispute.
SB229,6315Section 63. 102.18 (1) (bw) of the statutes is amended to read:
SB229,29,2216102.18 (1) (bw) If an insurer, a self-insured employer, or, if applicable, the
17uninsured employers fund pays compensation to an employee in excess of its
18liability and another insurer or self-insured employer is liable for all or part of the
19excess payment, the department or the division may order the insurer or self-
20insured employer that is liable for that excess payment to reimburse the insurer or
21self-insured employer that made the excess payment or, if applicable, the uninsured
22employers fund.
SB229,6423Section 64. 102.18 (1) (c) of the statutes is amended to read:
SB229,30,7
1102.18 (1) (c) If 2 or more examiners have conducted a formal hearing on a
2claim and are unable to agree on the order or award to be issued, the decision shall
3be the decision of the majority. If the examiners are equally divided on the decision,
4the division department may appoint an additional examiner who shall review the
5record and consult with the other examiners concerning their impressions of the
6credibility of the evidence. Findings of fact and an order or award may then be
7issued by a majority of the examiners.
SB229,658Section 65. 102.18 (1) (e) of the statutes is amended to read:
SB229,30,169102.18 (1) (e) Except as provided in s. 102.21, if the department or the
10division orders a party to pay an award of compensation, the party shall pay the
11award no later than 21 days after the date on which the order is mailed to the last-
12known address of the party, unless the party files a petition for review under sub.
13(3). This paragraph applies to all awards of compensation ordered by the
14department or the division, whether the award results from a hearing, the default
15of a party, or a compromise or stipulation confirmed by the department or the
16division.
SB229,6617Section 66. 102.18 (2) of the statutes is repealed and recreated to read:
SB229,30,2318102.18 (2) The department shall have and maintain on its staff such
19examiners as are necessary to hear and decide claims and to assist in the effective
20administration of this chapter. The examiners shall be attorneys and may be
21designated as administrative law judges. The examiners may make findings and
22orders and may approve, review, set aside, modify, or confirm stipulations of
23settlement or compromises of claims for compensation.
SB229,67
1Section 67. 102.18 (3) of the statutes is amended to read:
SB229,31,182102.18 (3) A party in interest may petition the commission for review of an
3examiners decision awarding or denying compensation if the department, the
4division, or the commission receives the petition within 21 days after the
5department or the division mailed a copy of the examiners findings and order to
6the last-known addresses of the parties in interest. The commission shall dismiss a
7petition that is not filed within those 21 days unless the petitioner shows that the
8petition was filed late for a reason that was beyond the petitioners control. If no
9petition is filed within those 21 days, the findings or order shall be considered final
10unless set aside, reversed, or modified by the examiner within that time. If the
11findings or order are set aside by the examiner, the status shall be the same as prior
12to the findings or order that were set aside. If the findings or order are reversed or
13modified by the examiner, the time for filing a petition commences on the date on
14which notice of the reversal or modification is mailed to the last-known addresses of
15the parties in interest. The commission shall either affirm, reverse, set aside, or
16modify the findings or order, in whole or in part, or direct the taking of additional
17evidence. The commissions action shall be based on a review of the evidence
18submitted.
SB229,6819Section 68. 102.18 (4) (c) 3. of the statutes is amended to read:
SB229,31,2120102.18 (4) (c) 3. Remand the case to the department or the division for further
21proceedings.
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