The bill also sets the average weekly earnings and maximum compensation
rates for temporary disability, permanent total disability and death benefits for
injuries occurring on or after January 1, 1998, and on or after January 1, 1999. For
injuries occurring during calendar year 1998, the average weekly earnings are not
more than $784.50, resulting in a maximum compensation rate of $523. For injuries
occurring on or after January 1, 1999, the average weekly earnings are not more than
$807, resulting in a maximum compensation rate of $538.
Under current law, within those limits, the average weekly earnings of an
injured employe may not be less than the actual average weekly earnings of the
injured employe for the 4 calendar quarters before the employe's injury within which
the employe has been employed in the business, in the kind of employment and for
the employer for whom the employe worked when injured. This bill changes the
period in which an injured employe's average weekly earnings are calculated to the
52 calendar weeks before the employe's injury.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB323, s. 1 1Section 1. 20.445 (3) (jb) of the statutes is amended to read:
SB323,7,92 20.445 (3) (jb) Fees for administrative services. All moneys received from fees
3charged for providing state mailings, special computer services, training programs,
4worker's compensation coverage for persons participating in employment and
5training programs under ch. 49,
printed materials and publications relating to
6economic support
, for the purpose of providing state mailings, special computer
7services, training programs, worker's compensation coverage for persons
8participating in employment and training programs under ch. 49,
printed materials
9and publications relating to economic support.
SB323, s. 2 10Section 2. 49.124 (1m) (d) of the statutes is created to read:
SB323,8,9
149.124 (1m) (d) A participant in an employment and training program under
2this section administered by the department is an employe of the department for
3purposes of worker's compensation coverage, except to the extent that the person for
4whom the participant is performing work provides worker's compensation coverage.
5A participant in an employment and training program under this section
6administered by a Wisconsin works agency is an employe of the Wisconsin works
7agency for purposes of worker's compensation coverage, except to the extent that the
8person for whom the participant is performing work provides worker's compensation
9coverage.
SB323, s. 3 10Section 3. 102.04 (2m) of the statutes is created to read:
SB323,8,1811 102.04 (2m) A temporary help agency is the employer of an employe whom the
12temporary help agency has placed with or leased to another employer that
13compensates the temporary help agency for the employe's services. A temporary help
14agency is liable under s. 102.03 for all compensation payable under this chapter to
15that employe, including any payments required under s. 102.16 (3), 102.18 (1) (b) or
16(bp), 102.22 (1), 102.35 (3), 102.57 or 102.60. Except as permitted under s. 102.29,
17a temporary help agency may not seek or receive reimbursement from another
18employer for any payments made as a result of that liability.
SB323, s. 4 19Section 4. 102.07 (8) (b) 2. of the statutes is amended to read:
SB323,8,2320 102.07 (8) (b) 2. Holds or has applied for a federal employer identification
21number with the federal internal revenue service or has filed business or
22self-employment income tax returns with the federal internal revenue service based
23on that work or service in the previous year
.
SB323, s. 5 24Section 5. 102.07 (12m) of the statutes is amended to read:
SB323,9,8
1102.07 (12m) A student of a public school, as described in s. 115.01 (1), or a
2private school, as defined in s. 115.001 (3r), while he or she is engaged in performing
3services as part of a school work training, work experience or work study program,
4and who is not on the payroll of an employer that is providing the work training or
5work experience or who is not otherwise receiving compensation on which a worker's
6compensation carrier could assess premiums on that employer, is an employe of a
7school district or private school that elects under s. 102.077 to name the student as
8its employe. This subsection does not apply after December 31, 1997 1999.
SB323, s. 6 9Section 6. 102.076 (1) of the statutes is amended to read:
SB323,9,1910 102.076 (1) Not more than 2 officers of a corporation having not more than 10
11stockholders may elect not to be subject to this chapter. If the corporation has been
12issued a policy of worker's compensation insurance, an officer of the corporation may
13elect not to be subject to this chapter and not to be covered under the policy at any
14time during the period of the policy.
Except as provided in sub. (2), the election shall
15be made by an endorsement, on the policy of worker's compensation insurance issued
16to that corporation, naming each officer who has so elected. The election is effective
17for the period of the policy and may not be reversed during the period of the policy.
18An officer who so elects is an employe for the purpose of determining whether the
19corporation is an employer under s. 102.04 (1) (b).
SB323, s. 7 20Section 7. 102.077 (3) of the statutes is amended to read:
SB323,9,2121 102.077 (3) This section does not apply after December 31, 1997 1999.
SB323, s. 8 22Section 8. 102.11 (1) (intro.) of the statutes is amended to read:
SB323,9,2523 102.11 (1) (intro.) The average weekly earnings for temporary disability,
24permanent total disability or death benefits for injury in each calendar year on or
25after January 1, 1982, shall be not less than $30 nor more than the wage rate which

1results in a maximum compensation rate of 100% of the state's average weekly
2earnings as determined under s. 108.05 as of June 30 of the previous year, except that
3the average weekly earnings for temporary disability, permanent total disability or
4death benefits for injuries occurring on or after January 1, 1996 1998, and before
5January 1, 1997 1999, shall be not more than $741 $784.50, resulting in a maximum
6compensation rate of $494 $523, and the average weekly earnings for temporary
7disability, permanent total disability or death benefits for injuries occurring on or
8after January 1, 1997 1999, and before January 1, 1998 2000, shall be not more than
9$763.50 $807, resulting in a maximum compensation rate of $509 $538. The average
10weekly earnings for permanent partial disability shall be not less than $30 and, for
11permanent partial disability for injuries occurring on or after January 1, 1996 1998,
12and before January 1, 1999,
not more than $253.50 $268.50, resulting in a maximum
13compensation rate of $169 $179, and, for permanent partial disability for injuries
14occurring on or after January 1, 1997 1999, not more than $261 $276, resulting in
15a maximum compensation rate of $174 $184. Between such limits the average
16weekly earnings shall be determined as follows:
SB323, s. 9 17Section 9. 102.11 (1) (d) of the statutes is amended to read:
SB323,11,618 102.11 (1) (d) Except in situations where par. (b) applies, average weekly
19earnings shall in no case be less than actual average weekly earnings of the employe
20for the 4 calendar quarters 52 calendar weeks before his or her injury within which
21the employe has been employed in the business, in the kind of employment and for
22the employer for whom the employe worked when injured. Calendar weeks within
23which no work was performed shall not be considered under this paragraph. This
24paragraph applies only if the employe has worked within a total of at least 6 calendar
25weeks during the 4 calendar quarters 52 calendar weeks before his or her injury in

1the business, in the kind of employment and for the employer for whom the employe
2worked when injured. For purposes of this section, earnings for part-time services
3performed for a labor organization pursuant to a collective bargaining agreement
4between the employer and that labor organization shall be considered as part of the
5total earnings in the preceding 4 calendar quarters 52 calendar weeks, whether
6payment is made by the labor organization or the employer.
SB323, s. 10 7Section 10. 102.13 (1) (a) of the statutes is amended to read:
SB323,11,168 102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed
9by an employe, the employe shall, upon the written request of the employe's employer
10or worker's compensation insurer, submit to reasonable examinations by physicians,
11chiropractors, psychologists, dentists or podiatrists provided and paid for by the
12employer or insurer. No employe who submits to an examination under this
13paragraph is a patient of the examining physician, chiropractor, psychologist,
14dentist
or podiatrist for any purpose other than for the purpose of bringing an action
15under ch. 655, unless the employe specifically requests treatment from that
16physician, chiropractor, psychologist, dentist or podiatrist.
SB323, s. 11 17Section 11. 102.13 (1) (b) (intro.) of the statutes is amended to read:
SB323,12,418 102.13 (1) (b) (intro.) An employer or insurer who requests that an employe
19submit to reasonable examination under par. (a) or (am) shall tender to the employe,
20before the examination, all necessary expenses including transportation expenses.
21The employe is entitled to have a physician, chiropractor, psychologist , dentist or
22podiatrist provided by himself or herself present at the examination and to request
23and
receive a copy of all reports of the examination that are prepared by the
24examining physician, chiropractor, psychologist, podiatrist, dentist or vocational
25expert immediately upon receipt of those reports by the employer or worker's

1compensation insurer
. The employe is also entitled to have a translator provided by
2himself or herself present at the examination if the employe has difficulty speaking
3or understanding the English language. The employer's or insurer's written request
4for examination shall notify the employe of all of the following:
SB323, s. 12 5Section 12. 102.13 (1) (b) 1. of the statutes is amended to read:
SB323,12,86 102.13 (1) (b) 1. The proposed date, time and place of the examination and the
7identity and area of specialization of the examining physician, chiropractor,
8psychologist, dentist, podiatrist or vocational expert.
SB323, s. 13 9Section 13. 102.13 (1) (b) 3. of the statutes is amended to read:
SB323,12,1110 102.13 (1) (b) 3. The employe's right to have his or her physician, chiropractor,
11psychologist, dentist or podiatrist present at the examination.
SB323, s. 14 12Section 14. 102.13 (1) (b) 4. of the statutes is amended to read:
SB323,12,1613 102.13 (1) (b) 4. The employe's right to request and receive a copy of all reports
14of the examination that are prepared by the examining physician, chiropractor,
15psychologist, dentist, podiatrist or vocational expert immediately upon receipt of
16these reports by the employer or worker's compensation insurer
.
SB323, s. 15 17Section 15. 102.13 (1) (d) 1. of the statutes is amended to read:
SB323,12,2018 102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist
19or vocational expert who is present at any examination under par. (a) or (am) may
20be required to testify as to the results thereof.
SB323, s. 16 21Section 16. 102.13 (1) (d) 2. of the statutes is amended to read:
SB323,12,2522 102.13 (1) (d) 2. Any physician, chiropractor, psychologist, dentist or podiatrist
23who attended a worker's compensation claimant for any condition or complaint
24reasonably related to the condition for which the claimant claims compensation may
25be required to testify before the department when it so directs.
SB323, s. 17
1Section 17. 102.13 (1) (d) 3. of the statutes is amended to read:
SB323,13,72 102.13 (1) (d) 3. Notwithstanding any statutory provisions except par. (e), any
3physician, chiropractor, psychologist, dentist or podiatrist attending a worker's
4compensation claimant for any condition or complaint reasonably related to the
5condition for which the claimant claims compensation may furnish to the employe,
6employer, worker's compensation insurer, or the department information and
7reports relative to a compensation claim.
SB323, s. 18 8Section 18. 102.13 (1) (d) 4. of the statutes is amended to read:
SB323,13,129 102.13 (1) (d) 4. The testimony of any physician, chiropractor, psychologist,
10dentist
or podiatrist who is licensed to practice where he or she resides or practices
11in any state and the testimony of any vocational expert may be received in evidence
12in compensation proceedings.
SB323, s. 19 13Section 19. 102.13 (2) (a) of the statutes is amended to read:
SB323,13,2314 102.13 (2) (a) An employe who reports an injury alleged to be work-related or
15files an application for hearing waives any physician-patient, psychologist-patient
16or chiropractor-patient privilege with respect to any condition or complaint
17reasonably related to the condition for which the employe claims compensation.
18Notwithstanding ss. 51.30 and 146.82 and any other law, any physician,
19chiropractor, psychologist, dentist, podiatrist, hospital or health care provider shall,
20within a reasonable time after written request by the employe, employer, worker's
21compensation insurer or department or its representative, provide that person with
22any information or written material reasonably related to any injury for which the
23employe claims compensation.
SB323, s. 20 24Section 20. 102.13 (2) (b) of the statutes is amended to read:
SB323,14,9
1102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
2hospital or health service provider shall furnish a legible, certified duplicate of the
3written material requested under par. (a) upon payment of the actual costs of
4preparing the certified duplicate, not to exceed the greater of 45 cents per page or
5$7.50 per request, plus the actual costs of postage. Any person who refuses to provide
6certified duplicates of written material in the person's custody that is requested
7under par. (a) shall be liable for reasonable and necessary costs and, notwithstanding
8s. 814.04 (1), reasonable attorney fees incurred in enforcing the requester's right to
9the duplicates under par. (a).
SB323, s. 21 10Section 21. 102.13 (3) of the statutes is amended to read:
SB323,14,2311 102.13 (3) If 2 or more physicians, chiropractors, psychologists, dentists or
12podiatrists disagree as to the extent of an injured employe's temporary disability, the
13end of an employe's healing period, an employe's ability to return to work at suitable
14available employment or the necessity for further treatment or for a particular type
15of treatment, the department may appoint another physician, chiropractor,
16psychologist, dentist or podiatrist to examine the employe and render an opinion as
17soon as possible. The department shall promptly notify the parties of this
18appointment. If the employe has not returned to work, payment for temporary
19disability shall continue until the department receives the opinion. The employer
20or its insurance carrier or both shall pay for the examination and opinion. The
21employer or insurance carrier or both shall receive appropriate credit for any
22overpayment to the employe determined by the department after receipt of the
23opinion.
SB323, s. 22 24Section 22. 102.16 (1m) of the statutes is created to read:
SB323,15,9
1102.16 (1m) (a) If an insurer or self-insured employer concedes by compromise
2under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
3employer is liable under this chapter for any health services provided to an injured
4employe by a health service provider, but disputes the reasonableness of the fee
5charged by the health service provider, the department may include in its order
6confirming the compromise or stipulation a determination as to the reasonableness
7of the fee or the department may notify, or direct the insurer or self-insured employer
8to notify, the health service provider under sub. (2) (b) that the reasonableness of the
9fee is in dispute.
SB323,15,1710 (b) If an insurer or self-insured employer concedes by compromise under sub.
11(1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured employer is
12liable under this chapter for any treatment provided to an injured employe by a
13health service provider, but disputes the necessity of the treatment, the department
14may include in its order confirming the compromise or stipulation a determination
15as to the necessity of the treatment or the department may notify, or direct the
16insurer or self-insured employer to notify, the health service provider under sub.
17(2m) (b) that the necessity of the treatment is in dispute.
SB323, s. 23 18Section 23. 102.16 (2) (a) of the statutes is amended to read:
SB323,16,1319 102.16 (2) (a) The department has jurisdiction under this subsection, sub. (1m)
20(a) and s. 102.17
to resolve a dispute between a health service provider and an insurer
21or self-insured employer over the reasonableness of a fee charged by the health
22service provider for health services provided to an injured employe who claims
23benefits under this chapter. The department shall deny payment of a health service
24fee that the department determines under this subsection, sub. (1m) (a) or s. 102.18
25(1) (b)
to be unreasonable. A health service provider and an insurer or self-insured

1employer that are parties to a fee dispute under this subsection are bound by the
2department's determination under this subsection on the reasonableness of the
3disputed fee, unless that determination is set aside on judicial review under par. (f)
4as provided in par. (f). A health service provider and an insurer or self-insured
5employer that are parties to a fee dispute under sub. (1m) (a) are bound by the
6department's determination under sub. (1m) (a) on the reasonableness of the
7disputed fee, unless that determination is set aside or modified by the department
8under sub. (1). An insurer or self-insured employer that is a party to a fee dispute
9under s. 102.17 and a health service provider are bound by the department's
10determination under s. 102.18 (1) (b) on the reasonableness of the disputed fee,
11unless that determination is set aside, reversed or modified by the department under
12s. 102.18 (3) or by the commission under s. 102.18 (3) or (4) or is set aside on judicial
13review under s. 102.23
.
SB323, s. 24 14Section 24. 102.16 (2) (b) of the statutes is amended to read:
SB323,16,2215 102.16 (2) (b) An insurer or self-insured employer that disputes the
16reasonableness of a fee charged by a health service provider or the department under
17sub. (1m) (a) or s. 102.18 (1) (bg) 1.
shall provide reasonable notice to the health
18service provider that the fee is being disputed. After receiving reasonable notice
19under this paragraph or under sub. (1m) (a) or s. 102.18 (1) (bg) 1. that a health
20service fee is being disputed, a health service provider may not collect the disputed
21fee from, or bring an action for collection of the disputed fee against, the employe who
22received the services for which the fee was charged.
SB323, s. 25 23Section 25. 102.16 (2) (d) of the statutes is amended to read:
SB323,17,1324 102.16 (2) (d) For fee disputes that are submitted to the department before
25July 1, 1998 2000, the department shall analyze the information provided to the

1department under par. (c) according to the criteria provided in this paragraph to
2determine the reasonableness of the disputed fee. The department shall determine
3that a disputed fee is reasonable and order that the disputed fee be paid if that fee
4is at or below the mean fee for the health service procedure for which the disputed
5fee was charged, plus 1.5 standard deviations from that mean, as shown by data from
6a data base that is certified by the department under par. (h). The department shall
7determine that a disputed fee is unreasonable and order that a reasonable fee be paid
8if the disputed fee is above the mean fee for the health service procedure for which
9the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown
10by data from a data base that is certified by the department under par. (h), unless
11the health service provider proves to the satisfaction of the department that a higher
12fee is justified because the service provided in the disputed case was more difficult
13or more complicated to provide than in the usual case.
SB323, s. 26 14Section 26. 102.16 (2) (f) of the statutes is amended to read:
SB323,17,2015 102.16 (2) (f) The department may set aside, reverse or modify a determination
16under this subsection within 30 days after the date of the determination.
A health
17service provider, insurer or self-insured employer that is aggrieved by a
18determination of the department under this subsection may seek judicial review of
19that determination in the same manner that compensation claims are reviewed
20under s. 102.23.
SB323, s. 27 21Section 27. 102.16 (2m) (a) of the statutes is amended to read:
SB323,18,1622 102.16 (2m) (a) The department has jurisdiction under this subsection, sub.
23(1m) (b) and s. 102.17
to resolve a dispute between a health service provider and an
24insurer or self-insured employer over the necessity of treatment provided for an
25injured employe who claims benefits under this chapter. The department shall deny

1payment for any treatment that the department determines under this subsection,
2sub. (1m) (b) or s. 102.18 (1) (b)
to be unnecessary. A health service provider and an
3insurer or self-insured employer that are parties to a dispute under this subsection
4over the necessity of treatment are bound by the department's determination under
5this subsection
on the necessity of that treatment, unless that determination is set
6aside on judicial review under par. (e) as provided in par. (e). A health service
7provider and an insurer or self-insured employer that are parties to a dispute under
8sub. (1m) (b) over the necessity of treatment are bound by the department's
9determination under sub. (1m) (b) on the necessity of that treatment, unless that
10determination is set aside or modified by the department under sub. (1). An insurer
11or self-insured employer that is a party to a dispute under s. 102.17 over the
12necessity of treatment and a health service provider are bound by the department's
13determination under s. 102.18 (1) (b) on the necessity of that treatment, unless that
14determination is set aside, reversed or modified by the department under s. 102.18
15(3) or by the commission under s. 102.18 (3) or (4) or is set aside on judicial review
16under s. 102.23
.
SB323, s. 28 17Section 28. 102.16 (2m) (b) of the statutes is amended to read:
SB323,19,218 102.16 (2m) (b) An insurer or self-insured employer that disputes the
19necessity of treatment provided by a health service provider or the department under
20sub. (1m) (b) or s. 102.18 (1) (bg) 2.
shall provide reasonable notice to the health
21service provider that the necessity of that treatment is being disputed. After
22receiving reasonable notice under this paragraph or under sub. (1m) (b) or s. 102.18
23(1) (bg) 2.
that the necessity of treatment is being disputed, a health service provider
24may not collect a fee for that disputed treatment from, or bring an action for collection

1of the fee for that disputed treatment against, the employe who received the
2treatment.
SB323, s. 29 3Section 29. 102.16 (2m) (e) of the statutes is amended to read:
SB323,19,94 102.16 (2m) (e) The department may set aside, reverse or modify a
5determination under this subsection within 30 days after the date of the
6determination.
A health service provider, insurer or self-insured employer that is
7aggrieved by a determination of the department under this subsection may seek
8judicial review of that determination in the same manner that compensation claims
9are reviewed under s. 102.23.
SB323, s. 30 10Section 30. 102.16 (3) of the statutes is amended to read:
SB323,19,1811 102.16 (3) No employer subject to this chapter may solicit, receive or collect any
12money from an employe or any other person or make any deduction from their wages,
13either directly or indirectly, for the purpose of discharging any liability under this
14chapter or recovering premiums paid on a contract described under s. 102.31 (1) (a);
15nor may any such employer sell to an employe or other person, or solicit or require
16the employe or other person to purchase, medical, chiropractic, podiatric,
17psychological, dental or hospital tickets or contracts for medical, surgical, hospital
18or other health care treatment which is required to be furnished by that employer.
SB323, s. 31 19Section 31. 102.17 (1) (e) of the statutes is amended to read:
SB323,20,320 102.17 (1) (e) The department may, with or without notice to either party, cause
21testimony to be taken, or an inspection of the premises where the injury occurred to
22be made, or the time books and payrolls of the employer to be examined by any
23examiner, and may direct any employe claiming compensation to be examined by a
24physician, chiropractor, psychologist, dentist or podiatrist. The testimony so taken,
25and the results of any such inspection or examination, shall be reported to the

1department for its consideration upon final hearing. All ex parte testimony taken
2by the department shall be reduced to writing and either party shall have
3opportunity to rebut such testimony on final hearing.
SB323, s. 32 4Section 32. 102.17 (1) (g) of the statutes is amended to read:
SB323,20,165 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a
6dispute, or is such as to create doubt as to the extent or cause of disability or death,
7the department may direct that the injured employe be examined or autopsy be
8performed, or an opinion of a physician, chiropractor, dentist, psychologist or
9podiatrist be obtained without examination or autopsy, by an impartial, competent
10physician, chiropractor, dentist, psychologist or podiatrist designated by the
11department who is not under contract with or regularly employed by a compensation
12insurance carrier or self-insured employer. The expense of such examination shall
13be paid by the employer or, if the employe claims compensation under s. 102.81, from
14the uninsured employers fund. The report of such examination shall be transmitted
15in writing to the department and a copy thereof shall be furnished by the department
16to each party, who shall have an opportunity to rebut such report on further hearing.
SB323, s. 33 17Section 33. 102.18 (1) (bg) of the statutes is created to read:
SB323,20,2518 102.18 (1) (bg) 1. If the department finds under par. (b) that an insurer or
19self-insured employer is liable under this chapter for any health services provided
20to an injured employe by a health service provider, but that the reasonableness of the
21fee charged by the health service provider is in dispute, the department may include
22in its order under par. (b) a determination as to the reasonableness of the fee or the
23department may notify, or direct the insurer or self-insured employer to notify, the
24health service provider under s. 102.16 (2) (b) that the reasonableness of the fee is
25in dispute.
SB323,21,7
12. If the department finds under par. (b) that an employer or insurance carrier
2is liable under this chapter for any treatment provided to an injured employe by a
3health service provider, but that the necessity of the treatment is in dispute, the
4department may include in its order under par. (b) a determination as to the
5necessity of the treatment or the department may notify, or direct the employer or
6insurance carrier to notify, the health service provider under s. 102.16 (2m) (b) that
7the necessity of the treatment is in dispute.
SB323, s. 34 8Section 34. 102.28 (3) (a) (intro.) of the statutes is amended to read:
SB323,21,159 102.28 (3) (a) (intro.) An employer may file with the department an application
10for exemption from the duty to pay compensation under this chapter with respect to
11any employe who signs the waiver described in subd. 1. and the affidavit described
12in subd. 2. if an authorized representative of the religious sect to which the employe
13belongs signs the affidavit specified in subd. 3. and signs the agreement and provides
14the proof of financial ability
described in subd. 4. An application for exemption under
15this paragraph shall include all of the following:
SB323, s. 35 16Section 35. 102.28 (3) (a) 4. of the statutes is amended to read:
SB323,22,217 102.28 (3) (a) 4. An agreement signed by an authorized representative of the
18religious sect to which the employe belongs to provide the financial and medical
19assistance described in subd. 3. to the employe and to the employe's dependents if the
20employe sustains an injury which, but for the waiver under subd. 1., the employer
21would be liable for under s. 102.03, and proof of the financial ability of the religious
22sect to provide that financial and medical assistance which the religious sect may
23establish by maintaining, in an amount determined by the department, a surety
24bond issued by a company authorized to do business in this state, an irrevocable

1letter of credit from a financial institution, as defined in s. 705.01 (3), or some other
2financial commitment approved by the department
.
SB323, s. 36 3Section 36. 102.28 (3) (b) 4. of the statutes is amended to read:
SB323,22,94 102.28 (3) (b) 4. The religious sect to which the employe belongs has agreed to
5provide the financial and medical assistance described in subd. 3. to the employe and
6to the dependents of the employe if the employe sustains an injury that, but for the
7waiver under par. (a) 1., the employer would be liable for under s. 102.03 and that
8the religious sect has the financial ability to provide that financial and medical
9assistance
.
SB323, s. 37 10Section 37. 102.28 (3) (c) of the statutes is amended to read:
SB323,23,411 102.28 (3) (c) An employe who has signed a waiver under par. (a) 1. and an
12affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the
13employer would be liable for under s. 102.03, who at the time of the injury was a
14member of a religious sect whose authorized representative has filed an affidavit
15under par. (a) 3. and an agreement and proof of financial responsibility under par.
16(a) 4. and who as a result of the injury becomes dependent on the religious sect for
17financial and medical assistance, or the employe's dependent, may request a hearing
18under s. 102.17 (1) to determine if the religious sect has provided the employe and
19his or her dependents with a standard of living and medical treatment that are
20reasonable when compared to the general standard of living and medical treatment
21for members of the religious sect. If, after hearing, the department determines that
22the religious sect has not provided that standard of living or medical treatment, or
23both, the department may order the religious sect to provide alternative benefits to
24that employe or his or her dependent, or both, in an amount that is reasonable under
25the circumstances, but not in excess of the benefits that the employe or dependent

1could have received under this chapter but for the waiver under par. (a) 1. If the
2religious sect does not provide the alternative benefits as ordered by the department,
3the department may use the financial commitment under par. (a) 4. to pay the
4alternative benefits ordered, including any penalties that may be appropriate.
SB323, s. 38 5Section 38. 102.28 (3) (d) of the statutes is amended to read:
SB323,23,116 102.28 (3) (d) The department shall provide a form for the application for
7exemption of an employer under par. (a) (intro.), the waiver and affidavit of an
8employe under par. (a) 1. and 2., the affidavit of a religious sect under par. (a) 3. and
9the agreement and proof of financial responsibility of a religious sect under par. (a)
104. A properly completed form is prima facie evidence of satisfaction of the conditions
11under par. (b) as to the matter contained in the form.
SB323, s. 39 12Section 39. 102.29 (3) of the statutes is amended to read:
SB323,23,1613 102.29 (3) Nothing in this chapter shall prevent an employe from taking the
14compensation he or she may be entitled to under it and also maintaining a civil action
15against any physician, chiropractor, psychologist, dentist or podiatrist for
16malpractice.
SB323, s. 40 17Section 40. 102.29 (8) of the statutes is amended to read:
SB323,23,2418 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private
19school, as defined in s. 115.001 (3r), who is named under s. 102.077 as an employe
20of the school district or private school for purposes of this chapter and who makes a
21claim for compensation under this chapter may make a claim or maintain an action
22in tort against the employer that provided the work training or work experience from
23which the claim arose. This subsection does not apply to injuries occurring after
24December 31, 1997 1999.
SB323, s. 41 25Section 41. 102.29 (8r) of the statutes is created to read:
SB323,24,6
1102.29 (8r) No participant in a food stamp employment and training program
2under s. 49.124 (1m) who, under s. 49.124 (1m) (d), is provided worker's
3compensation coverage by the department or by a Wisconsin works agency, as
4defined in s. 49.001 (9), and who makes a claim for compensation under this chapter
5may make a claim or maintain an action in tort against the employer who provided
6the employment and training from which the claim arose.
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