AB911,11 Section 11. 102.05 (1) of the statutes is amended to read:

AB911,7,10 102.05 (1) Withdrawal. (a) An employer, including a person engaged in farming who has become subject to this chapter, who has had no employee at any time within a continuous period of 2 years shall be deemed to have effected withdrawal, which shall be effective on the last day of such that 2-year period. An

AB911,7,17 (b) 1. If an employer who has not usually, in every calendar quarter in a calendar year, employed 3 employees and who has not paid wages of at least $500 for employment in this state in every calendar quarter in a calendar year, the employer may file a withdrawal notice with the department, which withdrawal shall take effect 30 days after the date of such filing or at such later date as is specified in the notice. Such employer may again become subject to this chapter as provided by s. 102.04 (1) (b) and (e). This subdivision shall not apply to farmers.

AB911,7,22 (c) If an employer who is subject to this chapter only because the employer elected to become subject to this chapter under sub. (2) cancels or terminates his or her contract for the insurance of compensation under this chapter, that employer is deemed to have effected withdrawal, which shall be effective on the day after the contract is canceled or terminated.

AB911,12 Section 12. 102.05 (2) of the statutes is amended to read:

AB911,8,5 102.05 (2) Election. Any employer who shall enter enters into a contract for the insurance of compensation, or against liability therefor, shall be deemed thereby to have elected to accept the provisions of this chapter, and such election shall include farm laborers, domestic servants and employees not in the course of a trade, business, profession or occupation of the employer if such intent is shown by the terms of the policy. Such election shall remain in force until withdrawn in the manner provided in sub. (1) (c).

AB911,13 Section 13. 102.05 (3) of the statutes is renumbered 102.05 (1) (b) 2.

AB911,14 Section 14. 102.11 (1) (intro.) of the statutes is amended to read:

AB911,8,24 102.11 (1) (intro.) The average weekly earnings for temporary disability, permanent total disability, or death benefits for injury in each calendar year on or after January 1, 1982, shall be not less than $30 nor more than the wage rate that results in a maximum compensation rate of 110 percent of the state's average weekly earnings as determined under s. 108.05 as of June 30 of the previous year. The average weekly earnings for permanent partial disability shall be not less than $30 and, for permanent partial disability for injuries occurring on or after March 2, 2016, and before January 1, 2017, not more than $513, resulting in a maximum compensation rate of $342, and, for permanent partial disability for injuries occurring on or after January 1, 2017, and before the effective date of this subsection .... [LRB inserts date], not more than $543, resulting in a maximum compensation rate of $362; for permanent partial disability for injuries occurring on or after the effective date of this subsection .... [LRB inserts date], and before January 1, 2023, not more than $622.50, resulting in a maximum compensation rate of $415; and for permanent partial disability for injuries occurring on or after January 1, 2023, not more than $645, resulting in a maximum compensation rate of $430. Between such limits the average weekly earnings shall be determined as follows:

AB911,15 Section 15 . 102.11 (1) (am) of the statutes is repealed.

AB911,16 Section 16. 102.11 (1) (ap) of the statutes is created to read:

AB911,9,4 102.11 (1) (ap) 1. Except as provided in subd. 2., in the case of an employee who works less than full time, average weekly earnings shall be calculated by whichever of the following is greater:

AB911,9,7 a. The actual average weekly earnings of the employee for the 52 calendar weeks before his or her injury, except that calendar weeks within which no work was performed shall not be considered.

AB911,9,11 b. The employee's hourly earnings on the date of injury multiplied by the average number of hours worked in that employment for the 52 calendar weeks before his or her injury, except that calendar weeks within which no work was performed shall not be considered.

AB911,9,19 2. An employee may, subject to subd. 3., demonstrate that he or she is eligible for temporary disability benefits based on full-time work rather than part-time work as provided in subd. 1. a. by providing evidence of qualifying taxable earnings with an employer other than the employer liable for the employee's injury or demonstrating that the employee has worked less than full time for less than 12 months before the date of the employee's injury. If the employee so demonstrates, the employee's average weekly wage shall be calculated using the normal full-time workweek established by the employer under par. (a).

AB911,9,24 3. An employer may rebut the employee's evidence of eligibility for temporary disability benefits based on full-time work under subd. 2. by providing evidence that the employee chose to work less than full time. Such evidence of a choice to restrict employment to less than full time may include a written statement signed by the employee or an employment application that indicates an hour or shift preference.

AB911,17 Section 17 . 102.11 (1) (f) 1. of the statutes is repealed.

AB911,18 Section 18. 102.11 (1) (f) 2. of the statutes is renumbered 102.11 (1) (f) and amended to read:

AB911,10,7 102.11 (1) (f) The weekly temporary disability benefits for a part-time employee who restricts his or her availability in the labor market to part-time work and is not employed elsewhere, or who has worked less than full time for 12 months or longer before the employee's injury, may not exceed the average weekly wages of the part-time employment.

AB911,19 Section 19. 102.13 (1) (b) (intro.) of the statutes is amended to read:

AB911,10,23 102.13 (1) (b) (intro.) An employer or insurer who requests that an employee submit to reasonable examination under par. (a) or (am) shall tender to the employee, before the examination, all necessary expenses including transportation expenses. The employee is entitled to have a physician, chiropractor, psychologist, dentist, physician assistant, advanced practice nurse prescriber, or podiatrist provided by himself or herself present at the examination and to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced practice nurse prescriber, or vocational expert immediately upon receipt of those reports by the employer or worker's compensation insurer. The employee is entitled to have one observer provided by himself or herself present at the examination. The employee is also entitled to have a translator provided by himself or herself present at the examination if the employee has difficulty speaking or understanding the English language. The employer's or insurer's written request for examination shall notify the employee of all of the following:

AB911,20 Section 20. 102.13 (1) (b) 6. of the statutes is created to read:

AB911,11,2 102.13 (1) (b) 6. The employee's right to have one observer provided by himself or herself present at the examination.

AB911,21 Section 21 . 102.15 (title) of the statutes is amended to read:

AB911,11,4 102.15 (title) Rules of procedure; transcripts.

AB911,22 Section 22. 102.15 (1) of the statutes is renumbered 102.15 (1) (b).

AB911,23 Section 23 . 102.16 (1) (b) of the statutes is renumbered 102.16 (1) (b) 1.

AB911,24 Section 24 . 102.16 (1) (b) 2. of the statutes is created to read:

AB911,11,12 102.16 (1) (b) 2. The department may conduct alternative dispute resolution activities for a case involving an employee who is not represented by an attorney with respect to which no application has been filed under s. 102.17 (1) (a) 1. or with respect to which an application has been filed, regardless of whether the application is ready to be scheduled for a hearing.