SB673,32,1616
102.17
(9) (a) In this subsection:
SB673,32,1917
1. “Fire fighter" means any person employed on a full-time basis by the state
18or any political subdivision as a member or officer of a fire department, including the
19first class cities and state fire marshal and deputies.
SB673,32,2220
2. “Post-traumatic stress disorder” means that condition, as described in the
215th edition of the Diagnostic and Statistical Manual of Mental Disorders by the
22American Psychiatric Association.
SB673,33,223
(b) In the case of a mental injury that is not accompanied by a physical injury
24and that results in a diagnosis of post-traumatic stress disorder in a law enforcement
25officer, as defined in s. 23.33 (1) (ig), or a fire fighter, the claim for compensation for
1the mental injury, in order to be compensable under this chapter, is subject to all of
2the following:
SB673,33,33
1. The mental injury must satisfy all of the following conditions:
SB673,33,54
a. The diagnosis of post-traumatic stress disorder is made by a licensed
5psychiatrist or psychologist.
SB673,33,76
b. The conditions of liability under s. 102.03 (1) are proven by the
7preponderance of the evidence.
SB673,33,98
2. The mental injury may not be a result of any of the following actions taken
9in good faith by the employer:
SB673,33,1010
a. A disciplinary action.
SB673,33,1111
b. A work evaluation.
SB673,33,1212
c. A job transfer.
SB673,33,1313
d. A layoff.
SB673,33,1414
e. A demotion.
SB673,33,1515
f. A termination.
SB673,33,1816
3. The diagnosis does not need to be based on unusual stress of greater
17dimensions than the day-to-day emotional strain and tension experienced by
18similarly situated employees.
SB673,69
19Section
69. 102.175 (2) of the statutes is amended to read:
SB673,34,220
102.175
(2) If after a hearing or a prehearing conference the
division 21department determines that an injured employee is entitled to compensation but
22that there remains in dispute only the issue of which of 2 or more parties is liable for
23that compensation, the
division department may order one or more parties to pay
24compensation in an amount, time, and manner as determined by the
division 25department. If the
division
department later determines that another party is liable
1for compensation, the
division department shall order that other party to reimburse
2any party that was ordered to pay compensation under this subsection.
SB673,70
3Section
70. 102.175 (3) (c) of the statutes is amended to read:
SB673,34,84
102.175
(3) (c) Upon request of the department,
the division, the employer, or
5the employer's worker's compensation insurer, an injured employee who claims
6compensation for an injury causing permanent disability shall disclose all previous
7findings of permanent disability or other impairments that are relevant to that
8injury.
SB673,71
9Section
71. 102.18 (1) (b) 1. of the statutes is amended to read:
SB673,34,1610
102.18
(1) (b) 1. Within 90 days after the final hearing and close of the record,
11the
division department shall make and file its findings upon the ultimate facts
12involved in the controversy, and its order, which shall state the
division's 13department's determination as to the rights of the parties. Pending the final
14determination of any controversy before it, the
division department, after any
15hearing, may, in its discretion, make interlocutory findings, orders, and awards,
16which may be enforced in the same manner as final awards.
SB673,72
17Section
72. 102.18 (1) (b) 2. of the statutes is amended to read:
SB673,34,2318
102.18
(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
21of the injury or to pay for a future course of instruction or other rehabilitation
22training services provided under a rehabilitation training program developed under
23s. 102.61 (1) or (1m).
SB673,73
24Section
73. 102.18 (1) (b) 3. of the statutes is amended to read:
SB673,35,5
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.
SB673,74
6Section
74. 102.18 (1) (bg) 1. of the statutes is amended to read:
SB673,35,157
102.18
(1) (bg) 1. If the
division department finds under par. (b) that an insurer
8or self-insured employer is liable under this chapter for any health services provided
9to an injured employee by a health service provider, but that the reasonableness of
10the fee charged by the health service provider is in dispute, the
division department 11may include in its order under par. (b) a determination made by the department
12under s. 102.16 (2) as to the reasonableness of the fee or, if such a determination has
13not yet been made, the
division department may notify, or direct the insurer or
14self-insured employer to notify, the health service provider under s. 102.16 (2) (b)
15that the reasonableness of the fee is in dispute.
SB673,75
16Section
75. 102.18 (1) (bg) 2. of the statutes is amended to read:
SB673,35,2517
102.18
(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 provided
19to an injured employee by a health service provider, but that the necessity of the
20treatment is in dispute, the
division department may include in its order under par.
21(b) a determination made by the department under s. 102.16 (2m) as to the necessity
22of the treatment or, if such a determination has not yet been made, the
division 23department may notify, or direct the employer or insurance carrier to notify, the
24health service provider under s. 102.16 (2m) (b) that the necessity of the treatment
25is in dispute.