AB711,25,1917 102.18 (4) (b) Within 28 days after the date of a decision of the commission is
18mailed to the last-known address of each party in interest
, the commission may, on
19its own motion, set aside the decision for further consideration.
AB711,31 20Section 31. 102.21 of the statutes is amended to read:
AB711,26,9 21102.21 Payment of awards by municipalities. Whenever When an award
22is made by the department under this chapter or s. 66.191, 1981 stats., against any
23municipality local governmental unit, the person in whose favor it the award is made
24shall file a certified copy thereof of the award with the municipal clerk of the local
25governmental unit
. Within 20 days thereafter, unless an appeal is taken, such after

1the filing of the award, the
clerk shall draw an order on the municipal treasurer of
2the local governmental unit
for the payment of the award, unless an appeal is taken.
3If upon appeal such the award is affirmed in whole or in part, the order for payment
4shall be drawn within 10 days after a certified copy of such the judgment on appeal
5is filed with the proper clerk. If more than one payment is provided for in the award
6or judgment, orders shall be drawn as the payments become due. No statute relating
7to the filing of claims against, and or the auditing, allowing and, or payment of claims
8by municipalities, local governmental units shall apply to the payment of an award
9or judgment under this section.
AB711,32 10Section 32. 102.23 (1) (a) of the statutes is renumbered 102.23 (1) (a) 1. and
11amended to read:
AB711,26,1712 102.23 (1) (a) 1. The findings of fact made by the commission acting within its
13powers shall, in the absence of fraud, be conclusive. The order or award granting or
14denying compensation, either interlocutory or final, whether judgment has been
15rendered on it or not, is subject to review only as provided in this section and not
16under ch. 227 or s. 801.02. The commission shall identify in the order or award the
17persons that must be made parties to an action for the review of the order or award.
AB711,27,8 182. Within 30 days after the date of an order or award made by the commission
19either originally or after the filing of a petition for review with the department under
20s. 102.18
, any party aggrieved thereby by the order or award may commence an
21action in circuit court for the review of the order or award
by serving a complaint as
22provided in par. (b) and filing the summons and complaint with the clerk of the circuit
23court commence, in circuit court, an action against the commission for the review of
24the order or award, in which action the adverse party shall also be made a defendant
.
25The summons and complaint shall name the party commencing the action as the

1plaintiff and shall name as defendants the commission and all persons identified by
2the commission under subd. 1. If the circuit court determines that any other person
3is necessary for the proper resolution of the action, the circuit court may join that
4person as a party to the action, unless joinder of the person would unduly delay the
5resolution of the action
. If the circuit court is satisfied that a party in interest has
6been prejudiced because of an exceptional delay in the receipt of a copy of any finding
7or order, it the circuit court may extend the time in within which an action may be
8commenced by an additional 30 days.
AB711,27,12 93. The proceedings shall be in the circuit court of the county where the plaintiff
10resides, except that if the plaintiff is a state agency, the proceedings shall be in the
11circuit court of the county where the defendant resides. The proceedings may be
12brought in any circuit court if all parties stipulate and that court agrees.
AB711,33 13Section 33. 102.23 (1) (c) of the statutes is amended to read:
AB711,27,2114 102.23 (1) (c) Except as provided in par. (cm), the The commission shall serve
15its answer within 20 days after the service of the complaint, and, within the like time,
16the adverse party
. Except as provided in par. (cm), any other defendant may serve
17an answer to the complaint within 20 days after the service of the complaint, which
18answer may, by way of counterclaim or cross complaint, ask for the review of the
19order or award referred to in the complaint, with the same effect as if the party
20defendant had commenced a separate action for the review thereof of the order or
21award
.
AB711,34 22Section 34. 102.23 (1) (cm) of the statutes is amended to read:
AB711,27,2523 102.23 (1) (cm) If an adverse party to the proceeding a defendant in an action
24brought under par. (a) is an insurance company, the insurance company may serve
25an answer to the complaint within 45 days after the service of the complaint.
AB711,35
1Section 35. 102.28 (2) (a) of the statutes is amended to read:
AB711,28,112 102.28 (2) (a) Duty to insure payment for compensation. Unless exempted by
3the department
under par. (b) or (bm) or sub. (3), every employer, as described in s.
4102.04 (1), shall insure payment for that compensation under this chapter in an
5insurer authorized to do business in this state. A joint venture may elect to be an
6employer under this chapter and obtain insurance for payment of compensation. If
7a joint venture that is subject to this chapter only because the joint venture elected
8to be an employer under this chapter is dissolved and cancels or terminates its
9contract for the insurance of compensation under this chapter, that joint venture is
10deemed to have effected withdrawal, which shall be effective on the day after the
11contract is canceled or terminated.
AB711,36 12Section 36. 102.28 (2) (b) (title) of the statutes is amended to read:
AB711,28,1313 102.28 (2) (b) (title) Exemption from duty to insure; employers generally.
AB711,37 14Section 37. 102.28 (2) (bm) of the statutes is created to read:
AB711,28,2415 102.28 (2) (bm) Exemption from duty to insure; governmental employers. 1.
16Subject to subds. 2. to 4., if the state or a local governmental unit that has
17independent taxing authority is not partially insured or fully insured for its liability
18for the payment of compensation under this chapter, or to the extent that the state
19or a local governmental unit that has independent taxing authority is not partially
20insured for that liability under one or more contracts issued with the consent of the
21department under s. 102.31 (1) (b), and if the state or local governmental unit agrees
22to report faithfully all compensable injuries and to comply with this chapter and all
23rules of the department, the state or local governmental unit may elect to self-insure
24that liability without further order of the department.
AB711,29,7
12. Notwithstanding the absence of an order of exemption from the duty to
2insure under par. (a), the state or a local governmental unit that elects to self-insure
3as provided in subd. 1. is exempt from that duty. Notwithstanding that exemption,
4if the state or a local governmental unit that elects to self-insure as provided in subd.
51. desires partial insurance or divided insurance, the state or local governmental
6unit shall obtain the consent of the department under s. 102.31 (1) (b) to the issuance
7of a contract providing such insurance.
AB711,29,148 3. a. A local governmental unit that elects to self-insure its liability for the
9payment of compensation under this chapter shall notify the department of that
10election in writing before commencing to self-insure that liability and shall notify
11the department of its intent to continue to self-insure that liability every 3 years
12after that initial notice. A local government unit that wishes to withdraw that
13election shall notify the department of that withdrawal not less than 30 days before
14the effective date of that withdrawal.
AB711,29,2115 b. A notice under subd. 3. a. shall be accompanied by a resolution adopted by
16the governing body of the local governmental unit and signed by the elected or
17appointed chief executive of the local governmental unit stating that the governing
18body intends and agrees to self-insure the liability of the local governmental unit for
19the payment of compensation under this chapter and that the local government unit
20agrees to report faithfully all compensable injuries and to comply with this chapter
21and all rules of the department.
AB711,30,422 4. An election to self-insure under subd. 1. is subject to revocation under par.
23(c) 2. Once such an election is revoked, the employer whose election is revoked may
24not elect to self-insure its liability for the payment of compensation under this
25chapter unless at least 3 calendar years have elapsed since the revocation and the

1department finds that the employer's financial condition is adequate to pay its
2employees' claims for compensation, that the employer has not received an excessive
3number of claims for compensation, and that the employer has faithfully discharged
4its obligations under this chapter and the rules of the department.
AB711,38 5Section 38. 102.28 (2) (c) (title) of the statutes is amended to read:
AB711,30,66 102.28 (2) (c) (title) Revocation of exemption or election.
AB711,39 7Section 39. 102.28 (2) (c) of the statutes is renumbered 102.28 (2) (c) 1. and
8amended to read:
AB711,30,159 102.28 (2) (c) 1. The department, after seeking the advice of the self-insurers
10council, may revoke an exemption granted to an employer under par. (b), upon giving
11the employer 10 days' written notice, if the department finds that the employer's
12financial condition is inadequate to pay its employees' claims for compensation, that
13the employer has received an excessive number of claims for compensation , or that
14the employer has failed to discharge faithfully its obligations according to the
15agreement contained in the application for exemption. The employer may, within
AB711,31,2 163. Within 10 days after receipt of the a notice of revocation, under subd. 1. or
172., the employer may
request in writing a review of the revocation by the secretary
18or the secretary's designee and the secretary or the secretary's designee shall review
19the revocation within 30 days after receipt of the request for review. If the employer
20is aggrieved by the determination of the secretary or the secretary's designee, the
21employer may, within 10 days after receipt of notice of that determination, request
22a hearing under s. 102.17. If the secretary or the secretary's designee determines
23that the employer's exemption or election should be revoked, the employer shall
24obtain insurance coverage as required under par. (a) immediately upon receipt of
25notice of that determination and, notwithstanding the pendency of proceedings

1under ss. 102.17 to 102.25, shall keep that coverage in force until another exemption
2under par. (b) is granted or another election under par. (bm) is made.
AB711,40 3Section 40. 102.28 (2) (c) 2. of the statutes is created to read:
AB711,31,94 102.28 (2) (c) 2. The department may revoke an election made by an employer
5under par. (bm), upon giving the employer 10 days' written notice, if the department
6finds that the employer's financial condition is inadequate to pay its employees'
7claims for compensation, that the employer has received an excessive number of
8claims for compensation, or that the employer has failed to discharge faithfully its
9obligations under this chapter and the rules of the department.
AB711,41 10Section 41. 102.28 (2) (d) of the statutes is amended to read:
AB711,31,1611 102.28 (2) (d) Effect of insuring with unauthorized insurer. An employer who
12procures an exemption under par. (b) and thereafter
If an employer that is exempted
13under par. (b) or (bm) from the duty to insure under par. (a)
enters into any agreement
14for excess insurance coverage with an insurer not authorized to do business in this
15state, the employer shall report that agreement to the department immediately. The
16placing of such coverage shall not by itself be grounds for revocation of the exemption.
AB711,42 17Section 42. 102.28 (7) (a) of the statutes is amended to read:
AB711,32,718 102.28 (7) (a) If an employer who is currently or was formerly exempted by
19written order of the department under sub. (2) (b) is unable to pay an award,
20judgment is rendered in accordance with s. 102.20 against that employer, and
21execution is levied and returned unsatisfied in whole or in part, payments for the
22employer's liability shall be made from the fund established under sub. (8). If a
23currently or formerly exempted employer files for bankruptcy and not less than 60
24days after that filing the department has reason to believe that compensation
25payments due are not being paid, the department in its discretion may make

1payment for the employer's liability from the fund established under sub. (8). The
2secretary of administration shall proceed to recover such those payments from the
3employer or the employer's receiver or trustee in bankruptcy, and may commence an
4action or proceeding or file a claim therefor for those payments. The attorney general
5shall appear on behalf of the secretary of administration in any such action or
6proceeding. All moneys recovered in any such action or proceeding shall be paid into
7the fund established under sub. (8).
AB711,43 8Section 43. 102.28 (7) (b) of the statutes is renumbered 102.28 (7) (b) 1. and
9amended to read:
AB711,32,2210 102.28 (7) (b) 1. Each employer exempted by written order of the department
11under sub. (2) (b) shall pay into the fund established by sub. (8) a sum equal to that
12assessed against each of the other such exempt employers upon the issuance of an
13initial order. The order
an initial assessment based on orders of the department as
14provided in subd. 2. An order of the department requiring exempt employers to pay
15into that fund
shall provide for a sum an amount that is sufficient to secure
16estimated payments of the an insolvent exempt employer due for the period up to the
17date of the order and for one year following the date of the order and to pay the
18estimated cost of insurance carrier or insurance service organization services under
19par. (c). Payments ordered to be made to the fund shall be paid to the department
20within 30 days after the date of the order. If additional moneys are required, further
21assessments shall be made based on orders of the department with as provided under
22subd. 2.
AB711,33,6 232. An initial or further assessment under subd. 1. shall be prorated on the basis
24of the gross payroll for this state of the exempt employer, as reported to the
25department for the previous calendar year for unemployment insurance purposes

1under ch. 108. If the or, if an exempt employer is not covered under ch. 108, then the
2department shall determine
on the basis of the comparable gross payroll for the
3exempt employer as determined by the department. If payment of any assessment
4made under this subsection subd. 1. is not made within 30 days of after the date of
5the order of the department, the attorney general may appear on behalf of the state
6to collect the assessment.
AB711,44 7Section 44. 102.28 (7) (bm) of the statutes is created to read:
AB711,33,88 102.28 (7) (bm) The department may not do any of the following:
AB711,33,119 1. Require an employer that elects under sub. (2) (bm) to self-insure its liability
10for the payment of compensation under this chapter to pay into the fund established
11under sub. (8).
AB711,33,1512 2. Make any payments from the fund established under sub. (8) for the liability
13under this chapter of an employer that elects under sub. (2) (bm) to self-insure its
14liability for the payment of compensation under this chapter, whether currently or
15formerly exempt from the duty to insure under sub. (2) (a).
AB711,45 16Section 45. 102.29 (1) (b) 2. of the statutes is amended to read:
AB711,33,2417 102.29 (1) (b) 2. Out of the balance remaining after the deduction and payment
18specified in subd. 1., the employer, the insurance carrier, or, if applicable, the
19uninsured employers fund or the work injury supplemental benefit fund shall be
20reimbursed for all payments made by the employer, insurance carrier, or
21department, or which the employer, insurance carrier, or department may be
22obligated to make in the future, under this chapter, except that the employer,
23insurance carrier, or department shall not be reimbursed for any payments made or
24to be made under s. 102.18 (1) (b) 3. or (bp), 102.22, 102.35 (3), 102.57, or 102.60.
AB711,46 25Section 46. 102.29 (8) of the statutes is amended to read:
AB711,34,7
1102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private
2school, as defined in s. 115.001 (3r), or an institution of higher education who is
3named under s. 102.077 as an employee of the school district or, private school, or
4institution of higher education
for purposes of this chapter and who makes a claim
5for compensation under this chapter may make a claim or maintain an action in tort
6against the employer that provided the work training or work experience from which
7the claim arose.
AB711,47 8Section 47. 102.31 (2) (b) 2. of the statutes is amended to read:
AB711,34,149 102.31 (2) (b) 2. Regardless of whether the notices required under par. (a) have
10been given, a cancellation or termination is effective upon the effective date of
11replacement insurance coverage obtained by the employer or , of an order under s.
12102.28 (2) (b)
exempting the employer from carrying the duty to carry insurance
13under s. 102.28 (2) (a), or of an election by an employer under s. 102.28 (2) (bm) to
14self-insure its liability for the payment of compensation under this chapter
.
AB711,48 15Section 48. 102.315 (2) of the statutes is amended to read:
AB711,34,2316 102.315 (2) Employee leasing company liable. An employee leasing company
17is liable under s. 102.03 for all compensation payable under this chapter to a leased
18employee, including any payments required under s. 102.16 (3), 102.18 (1) (b) 3. or
19(bp), 102.22 (1), 102.35 (3), 102.57, or 102.60. Except as permitted under s. 102.29,
20an employee leasing company may not seek or receive reimbursement from another
21employer for any payments made as a result of that liability. An employee leasing
22company is not liable under s. 102.03 for any compensation payable under this
23chapter to an employee of a client who is not a leased employee.
AB711,49 24Section 49 . 102.423 of the statutes is created to read:
AB711,35,10
1102.423 Health service fee schedule. (1) Establishment of schedule. (a)
2By July 1, 2015, the department shall establish a schedule of the maximum fees that
3a health care provider may charge an employer or insurer for health services
4provided to an injured employee who claims benefits under this chapter. When that
5schedule is established, the department shall notify the legislative reference bureau
6and the legislative reference bureau shall publish that notice in the Wisconsin
7Administrative Register. In determining those maximum fees, the department shall
8divide the state into 5 regions based on geographical and economical similarity,
9including similarity in the cost of health services, and, for each region, shall do all
10of the following:
AB711,35,1911 1. Determine the average payment made by group health benefit plans, as
12defined in s. 632.745 (9), group health plans, as defined in s. 632.745 (10), and
13self-insured health plans, as defined in s. 632.745 (24), and the average copayment,
14coinsurance, and deductible payment made by persons covered under those plans,
15for each health service included in the schedule based on health service payment
16data obtained from the Wisconsin Health Information Organization, the Workers
17Compensation Research Institute, health insurers and health plan sponsors, the
18group health insurance plan under subch. IV of ch. 40, and other sources determined
19by the department to be credible.
AB711,35,2320 2. Set the maximum fee for each health service included in the schedule at 110
21percent of the sum of the average payment for that service and the average
22copayment, coinsurance, and deductible payment for that service, as determined
23under subd. 1.
AB711,36,224 (b) 1. In this paragraph, "consumer price index" means the average of the
25consumer price index for medical care services over each 12-month period for all

1urban consumers, U.S. city average, as determined by the bureau of labor statistics
2of the federal department of labor.
AB711,36,73 2. On each July 1, beginning on July 1, 2016, the department shall adjust the
4maximum fees established under par. (a) by the percentage difference between the
5consumer price index for the 12-month period ending on December 31 of the
6preceding year and the consumer price index for the 12-month period ending on
7December 31 of the year before the preceding year.
AB711,36,118 (c) No less often than every 2 years, the department shall obtain health service
9payment data from the sources specified in par. (a) 1., redetermine the average
10payments specified in par. (a) 1., and revise the maximum fees established under par.
11(a) 2. based on that redetermined average.
AB711,36,1412 (d) The department may not implement the fee schedule established under par.
13(a) or revise that schedule under par. (c) unless the schedule or revised schedule is
14approved by the council on worker's compensation.
AB711,36,1715 (e) The department shall post a link to the fee schedule established under par.
16(a) on the department's Internet site. Notwithstanding s. 227.10 (1), the fee schedule
17need not be promulgated as a rule.
AB711,37,4 18(2) Liability of employer or insurer. The liability of an employer or insurer
19for a health service included in the fee schedule established under sub. (1) (a) is
20limited to the maximum fee allowed under the schedule for that health service as of
21the date on which the health service was provided, any fee agreed to by contract
22between the employer or insurer and health care provider for that health service as
23of that date, or the health care provider's actual fee for the health service as of that
24date, whichever is less. A health care provider that provides health services to an
25injured employee under this chapter may not collect, or bring an action to collect,

1from the injured employee any charge that is in excess of the liability of the employer
2or insurer under this subsection. This subsection first applies to a health service
3provided to an injured employee on the date on which the notice under sub. (1) (a)
4is published in the Wisconsin Administrative Register.
AB711,37,5 5(3) Rules. The department shall promulgate rules to implement this section.
AB711,50 6Section 50. 102.425 (3) (am) of the statutes is created to read:
AB711,37,187 102.425 (3) (am) 1. Subject to subd. 2., if a prescription drug dispensed under
8sub. (2) (a) for outpatient use by an injured employee is a repackaged prescription
9drug, the liability of an employer or insurer for the cost of the repackaged
10prescription drug is limited to the average wholesale price, as determined under par.
11(a) 1., of the prescription drug set by the original manufacturer of the prescription
12drug, plus any dispensing fee that may be payable under par. (a) 2. and any taxes that
13may be applicable under par. (a) 3., except that if the national drug code number of
14the prescription drug as packaged by the original manufacturer of the prescription
15drug cannot be determined from the billing statement under par. (c), that liability
16is limited to the average wholesale price, as determined under par. (a) 1., of the
17lowest-priced drug product equivalent, plus any dispensing fee under par. (a) 2. and
18any taxes under par. (a) 3. that would be payable for the drug product equivalent.
AB711,37,2019 2. Subdivision 1. does not apply to a repackaged prescription drug dispensed
20from a retail, mail-order, or institutional pharmacy.
AB711,51 21Section 51. 102.425 (3) (b) of the statutes is amended to read:
AB711,37,2522 102.425 (3) (b) In addition to the liability under par. (a) or (am), whichever is
23applicable
, an employer or insurer is also liable for reimbursement to an injured
24employee for all out-of-pocket expenses incurred by the injured employee in
25obtaining the prescription drug dispensed.
AB711,52
1Section 52. 102.425 (4) (a) of the statutes is amended to read:
AB711,38,62 102.425 (4) (a) Except as provided in par. (b), a pharmacist or practitioner who
3dispenses a prescription drug under sub. (2) to an injured employee may not collect,
4or bring an action to collect, from the injured employee any charge that is in excess
5of the liability of the injured employee under sub. (2) (c) 2. or the liability of the
6employer or insurer under sub. (3) (a) or (am), whichever is applicable.
AB711,53 7Section 53. 102.425 (4) (b) of the statutes is amended to read:
AB711,38,198 102.425 (4) (b) If an employer or insurer denies or disputes liability for the cost
9of a drug prescribed to an injured employee under sub. (2), the pharmacist or
10practitioner who dispensed the drug may collect, or bring an action to collect, from
11the injured employee the cost of the prescription drug dispensed, subject to the
12limitations specified in sub. (3) (a) or (am), whichever is applicable. If an employer
13or insurer concedes liability for the cost of a drug prescribed to an injured employee
14under sub. (2), but disputes the reasonableness of the amount charged for the
15prescription drug, the employer or insurer shall provide notice under sub. (4m) (b)
16to the pharmacist or practitioner that the reasonableness of the amount charged is
17in dispute and the pharmacist or practitioner who dispensed the drug may not
18collect, or bring an action to collect, from the injured employee the cost of the
19prescription drug dispensed after receiving that notice.
AB711,54 20Section 54. 102.425 (4m) (b) of the statutes is amended to read:
AB711,39,521 102.425 (4m) (b) An employer or insurer that disputes the reasonableness of
22the amount charged for a prescription drug dispensed under sub. (2) for outpatient
23use by an injured employee or the department under sub. (4) (b) or s. 102.16 (1m) (c)
24or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a completed bill for
25the prescription drug, reasonable written notice to the pharmacist or practitioner

1that the charge is being disputed. After receiving reasonable written notice under
2this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1) (bg) 1. 3. that
3a prescription drug charge is being disputed, a pharmacist or practitioner may not
4collect the disputed charge from, or bring an action for collection of the disputed
5charge against, the employee who received the prescription drug.
AB711,55 6Section 55. 102.43 (5) (c) of the statutes is amended to read:
AB711,39,187 102.43 (5) (c) Compensation for temporary disability on account of receiving
8instruction under s. 102.61 (1) or (1m) shall not be reduced under sub. (2) on account
9of any wages earned for the first 24 hours worked by an employee during a week in
10which the employee is receiving that instruction. If an employee performs more than
1124 hours of work during a week in which the employee is receiving that instruction,
12all wages earned for hours worked in excess of 24 during that week shall be offset
13against the employee's average weekly wage in calculating compensation for
14temporary disability under sub. (2). An employee who is receiving compensation for
15temporary disability on account of receiving instruction under s. 102.61 (1) or (1m)
16shall report any wages earned during the period in which the employee is receiving
17that instruction to the insurance carrier or self-insured employer paying that
18compensation. This paragraph does not apply after April 30, 2014 2016.
AB711,56 19Section 56. 102.44 (1) (ag) of the statutes is amended to read:
AB711,40,420 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every
21employee who is receiving compensation under this chapter for permanent total
22disability or continuous temporary total disability more than 24 months after the
23date of injury resulting from an injury that occurred prior to January 1, 2001 2003,
24shall receive supplemental benefits that shall be payable in the first instance by the
25employer or, subject to par. (c), by the employer's insurance carrier, or in the case of

1benefits payable to an employee under s. 102.66, shall be paid by the department out
2of the fund created under s. 102.65. Those supplemental benefits shall be paid only
3for weeks of disability occurring after January 1, 2003 2005, and shall continue
4during the period of such total disability subsequent to that date.
AB711,57 5Section 57 . 102.44 (1) (ag) of the statutes, as affected by 2013 Wisconsin Act
6.... (this act), is amended to read:
AB711,40,167 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every
8employee who is receiving compensation under this chapter for permanent total
9disability or continuous temporary total disability more than 24 months after the
10date of injury resulting from an injury that occurred prior to January 1, 2003, shall
11receive supplemental benefits that shall be payable by the employer or, subject to par.
12(c), by
the employer's insurance carrier, or in the case of benefits payable to an
13employee under s. 102.66, shall be paid by the department out of the fund created
14under s. 102.65. Those supplemental benefits shall be paid only for weeks of
15disability occurring after January 1, 2005, and shall continue during the period of
16such total disability subsequent to that date.
AB711,58 17Section 58. 102.44 (1) (am) of the statutes is amended to read:
AB711,40,2218 102.44 (1) (am) If the employee is receiving the maximum weekly benefits in
19effect at the time of the injury, the supplemental benefit for a week of disability
20occurring after May 1, 2010 the effective date of this paragraph .... [LRB inserts
21date]
, shall be an amount that, when added to the regular benefit established for the
22case, shall equal $582 $669.
AB711,59 23Section 59. 102.44 (1) (b) of the statutes is amended to read:
AB711,41,424 102.44 (1) (b) If the employee is receiving a weekly benefit that is less than the
25maximum benefit that was in effect on the date of the injury, the supplemental

1benefit for a week of disability occurring after May 1, 2010 the effective date of this
2paragraph .... [LRB inserts date]
, shall be an amount sufficient to bring the total
3weekly benefits to the same proportion of $582 $669 as the employee's weekly benefit
4bears to the maximum in effect on the date of injury.
AB711,60 5Section 60. 102.44 (1) (c) of the statutes is renumbered 102.44 (1) (c) 1. and
6amended to read:
AB711,41,157 102.44 (1) (c) 1. Subject to any certificate filed under s. 102.65 (4), an employer
8or
An insurance carrier paying the supplemental benefits required under this
9subsection shall be entitled to reimbursement for each such case from the fund
10established by s. 102.65
worker's compensation operations fund, commencing one
11year after the date of the first payment of those benefits and annually thereafter
12while those payments continue. To receive reimbursement under this paragraph, an
13employer or insurance carrier must file a claim for that reimbursement with the
14department by no later than 12 months after the end of the year in which the
15supplemental benefits were paid and the claim must be approved by the department.
AB711,61 16Section 61. 102.44 (1) (c) 2. of the statutes is created to read:
AB711,41,2517 102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under
18subd. 1., the department shall determine the total amount of all claims filed by that
19deadline and shall use that total to determine the amount to be collected under s.
20102.75 (1g) from each licensed worker's compensation insurance carrier, deposited
21in the worker's compensation operations fund, and used to provide reimbursement
22to insurance carriers paying supplemental benefits under this subsection. The
23department shall pay a claim for reimbursement approved by the department by no
24later than 16 months after the end of the year in which the claim was received by the
25department.
AB711,62
1Section 62. 102.44 (1) (c) 3. of the statutes is created to read:
AB711,42,32 102.44 (1) (c) 3. This paragraph does not apply to supplemental benefits paid
3for an injury that occurs on or after July 1, 2015.
AB711,63 4Section 63. 102.44 (1m) of the statutes is created to read:
AB711,42,105 102.44 (1m) Notwithstanding any other provision of this chapter, for an
6employee who is receiving compensation under this chapter for permanent total
7disability or continuous temporary total disability more than 24 months after the
8date of injury resulting from an injury that occurs on or after July 1, 2015, payment
9of compensation under this chapter for periods of disability occurring more than 6
10years after the date of injury shall be made as follows:
AB711,42,1411 (a) If the employee was entitled to the maximum weekly benefit that was in
12effect at the time of the injury, payment of the weekly benefit for a week of disability
13occurring more than 6 years after the date of injury shall be at the maximum rate
14that is in effect at the time the benefit accrues and becomes payable.
AB711,42,2115 (b) If the employee was entitled to less than the maximum weekly benefit that
16was in effect at the time of the injury, payment of the weekly benefit for a week of
17disability occurring more than 6 years after the date of injury shall be in an amount
18that bears the same proportion to the maximum rate that is in effect at the time the
19benefit accrues and becomes payable as the employee's weekly benefit at the time of
20the injury bore to the maximum weekly benefit that was in effect at the time of the
21injury.
Loading...
Loading...