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1Section 1
. 102.04 (2g) of the statutes is created to read:
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102.04
(2g) Liability under s. 102.03 with respect to a leased employee, as
3defined in s. 102.315 (1) (g), shall be determined as provided in s. 102.315 (2) or (2m)
4(c), whichever is applicable.
AB17,2
5Section 2
. 102.04 (2m) of the statutes is amended to read:
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102.04
(2m) A Except as otherwise provided in an employee leasing agreement
7that meets the requirements of s. 102.315 (2m), a temporary help agency is the
8employer of an employee whom the temporary help agency has placed with or leased
9to another employer that compensates the temporary help agency for the employee's
10services.
A Except as provided in s. 102.315 (2m) (c), a temporary help agency is
11liable under s. 102.03 for all compensation and other payments payable under this
12chapter to or with respect to that employee, including any payments required under
13s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60. Except
14as permitted under s. 102.29, a temporary help agency may not seek or receive
15reimbursement from another employer for any payments made as a result of that
16liability.
AB17,3
1Section
3. 102.13 (2) (a) of the statutes is amended to read:
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102.13
(2) (a) An employee who reports an injury alleged to be work-related
3or files an application for hearing waives any physician-patient,
4psychologist-patient, or chiropractor-patient privilege with respect to any condition
5or complaint reasonably related to the condition for which the employee claims
6compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
7physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
8advanced practice nurse prescriber, hospital, or health care provider shall, within a
9reasonable time after written request by the employee, employer, worker's
10compensation insurer,
or department, or division, or its representative, provide that
11person with any information or written material reasonably related to any injury for
12which the employee claims compensation.
If the request is by a representative of a
13worker's compensation insurer for a billing statement, the physician, chiropractor,
14psychologist, dentist, podiatrist, physician assistant, advanced practice nurse
15prescriber, hospital, or health care provider shall, within 30 days after receiving the
16request, provide that person with a complete copy of an itemized billing statement
17or a billing statement in a standard billing format recognized by the federal
18government.
AB17,4
19Section 4
. 102.17 (4) of the statutes is renumbered 102.17 (4) (a) and amended
20to read:
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102.17
(4) (a) Except as provided in this subsection and s. 102.555 (12) (b), in
22the case of occupational disease, the right of an employee, the employee's legal
23representative,
or a dependent
, the employee's employer or the employer's insurance
24company, or other named party to proceed under this section shall not extend beyond
2512 years after the date of the injury or death or after the date that compensation,
1other than for treatment or burial expenses, was last paid, or would have been last
2payable if no advancement were made, whichever date is latest, and in the case of
3traumatic injury, that right shall not extend beyond 6 years after that date.
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4(b) In the case of occupational disease; a traumatic injury resulting in the loss
5or total impairment of a hand or any part of the rest of the arm proximal to the hand
6or of a foot or any part of the rest of the leg proximal to the foot, any loss of vision,
7or any permanent brain injury; or a traumatic injury causing the need for an
8artificial spinal disc or a total or partial knee or hip replacement, there shall be no
9statute of limitations, except that benefits or treatment expense for an occupational
10disease becoming due 12 years after the date of injury or death or last payment of
11compensation, other than for treatment or burial expenses, shall be paid from the
12work injury supplemental benefit fund under s. 102.65 and in the manner provided
13in s. 102.66 and benefits or treatment expense for such a traumatic injury becoming
14due 6 years after that date shall be paid from that fund and in that manner if the date
15of injury or death or last payment of compensation, other than for treatment or burial
16expenses, is before April 1, 2006.
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17(c) Payment of wages by the employer during disability or absence from work
18to obtain treatment shall be considered payment of compensation for the purpose of
19this section if the employer knew of the employee's condition and its alleged relation
20to the employment.
AB17,5
21Section 5
. 102.17 (9) of the statutes is created to read:
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102.17
(9) (a) In this subsection:
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1. “Fire fighter" means any person employed on a full-time basis by the state
24or any political subdivision as a member or officer of a fire department, including the
251st class cities and state fire marshal and deputies.
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12. “Post-traumatic stress disorder” means that condition, as described in the
25th edition of the Diagnostic and Statistical Manual of Mental Disorders by the
3American Psychiatric Association.
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(b) Subject to par. (c), in the case of a mental injury that is not accompanied by
5a physical injury and that results in a diagnosis of post-traumatic stress disorder in
6a law enforcement officer, as defined in s. 23.33 (1) (ig), or a fire fighter, the claim for
7compensation for the mental injury, in order to be compensable under this chapter,
8is subject to all of the following:
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1. The mental injury must satisfy all of the following conditions:
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a. The diagnosis of post-traumatic stress disorder is made by a licensed
11psychiatrist or psychologist.
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b. The conditions of liability under s. 102.03 (1) are proven by the
13preponderance of the evidence.
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2. The mental injury may not be a result of any of the following actions taken
15in good faith by the employer:
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a. A disciplinary action.
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b. A work evaluation.
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c. A job transfer.
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e. A demotion.
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f. A termination.
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3. The diagnosis does not need to be based on unusual stress of greater
23dimensions than the day-to-day emotional strain and tension experienced by
24similarly situated employees.
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1(c) No individual may receive compensation for a claim of mental injury under
2this subsection more than 3 times in his or her lifetime. The limitation under this
3paragraph applies irrespective of whether the individual becomes employed by a
4different employer or in a different position with the same employer.
AB17,6
5Section 6
. 102.29 (6m) (a) 1m. of the statutes is created to read:
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102.29
(6m) (a) 1m. The employee leasing company that employs the leased
7employee.