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:
AB17,7,76
102.29
(6m) (a) 1m. The employee leasing company that employs the leased
7employee.
AB17,7
8Section 7
. 102.29 (6m) (a) 3. of the statutes is amended to read:
AB17,7,169
102.29
(6m) (a) 3. Any employee of the client
or, any employee of
that other
an 10employee leasing company
described in subd. 2., or the employee leasing company
11that employs the leased employee, unless the leased employee who has the right to
12make a claim for compensation would have a right under s. 102.03 (2) to bring an
13action against the employee of the client
, the employee leasing company that
14employs the leased employee, or the leased employee of the
other employee leasing
15company
described in subd. 2., if the employees and leased employees were
16coemployees.
AB17,8
17Section 8
. 102.315 (1) (c) of the statutes is amended to read:
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102.315
(1) (c) “Divided workforce" means a workforce in which some of the
19employees of a client are leased employees and some of the employees of the client
20are not leased employees
, but does not include a workforce with respect to a client
21that has elected to provide insurance coverage for leased employees under sub. (2m).
AB17,9
22Section 9
. 102.315 (2) of the statutes is amended to read:
AB17,8,1023
102.315
(2) Employee leasing company liable. An Except as otherwise
24provided in an employee leasing agreement that meets the requirements of sub.
25(2m), an employee leasing company is liable under s. 102.03 for all compensation
1payable under this chapter to a leased employee, including any payments required
2under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60.
3If a client that makes an election under sub. (2m) (a) terminates the election, fails
4to provide the required coverage, or allows coverage to lapse, the employee leasing
5company is liable under s. 102.03 as set forth in this subsection. Except as
permitted 6allowed under s. 102.29, an employee leasing company may not seek or receive
7reimbursement from another employer for any payments made as a result of that
8liability. An employee leasing company is not liable under s. 102.03 for any
9compensation payable under this chapter to an employee of a client who is not a
10leased employee.