AB724,13,125 102.07 (1) (b) Every person, including all officials, in the service of the state,
6or of any municipality therein local governmental unit in this state, whether elected
7or under any appointment, or contract of hire, express or implied, and whether a
8resident of the state or employed or injured within or without the state. This
9paragraph first applies on the first day of the first July beginning after the day that
10the secretary files the certificate under s. 102.80 (3) (a), except that if the secretary
11files the certificate under s. 102.80 (3) (ag) this paragraph does apply to claims for
12compensation filed on or after the date specified in that certificate.
AB724,20 13Section 20. 102.07 (3) of the statutes is amended to read:
AB724,13,2014 102.07 (3) Nothing herein contained shall prevent municipalities in this
15chapter prevents a local governmental unit
from paying teachers, police officers, fire
16fighters and other employees
a teacher, police officer, fire fighter, or any other
17employee his or her
full salaries salary during a period of disability, nor interfere
18interferes with any pension funds fund, nor prevent prevents payment to teachers,
19police officers or fire fighters therefrom
a teacher, police officer, fire fighter, or any
20other employee from a pension fund
.
AB724,21 21Section 21. 102.07 (7) (a) of the statutes is amended to read:
AB724,14,622 102.07 (7) (a) Every member of a volunteer fire company or fire department
23organized under ch. 213, a legally organized rescue squad, or a legally organized
24diving team is considered to be an employee of that company, department, squad, or
25team. Every member of a company, department, squad, or team described in this

1paragraph, while serving as an auxiliary police officer at an emergency, is also
2considered to be an employee of that company, department, squad, or team. If a
3company, department, squad, or team described in this paragraph has not insured
4its liability for compensation to its employees, the municipality or county political
5subdivision
within which that company, department, squad, or team was organized
6shall be liable for that compensation.
AB724,22 7Section 22. 102.07 (10) of the statutes is amended to read:
AB724,14,188 102.07 (10) Further to effectuate the policy of the state that the benefits of this
9chapter shall extend and be granted to employees in the service of the state, or of any
10municipality therein local governmental unit in this state, on the same basis, in the
11same manner, under the same conditions, and with like right of recovery as in the
12case of employees of persons, firms, or private corporations, any question whether
13any person is an employee under this chapter shall be governed by and determined
14under the same standards, considerations, and rules of decision in all cases under
15subs. (1) to (9). Any statutes, ordinances, or administrative regulations which
16statute, ordinance, or rule that may be otherwise applicable to the classes of
17employees enumerated in sub. (1) shall not be controlling in deciding whether any
18person is an employee for the purposes of this chapter.
AB724,23 19Section 23. 102.07 (20) of the statutes is created to read:
AB724,15,320 102.07 (20) An individual who is performing services for a person participating
21in the self-directed services option, as defined in s. 46.2897 (1), for a person receiving
22long-term care benefits under s. 46.27, 46.275, or 46.277 or under any children's
23long-term support waiver program on a self-directed basis, or for a person receiving
24the Family Care benefit, as defined in s. 46.2805 (4), or benefits under the Family
25Care Partnership program, as described in s. 49.496 (1) (bk) 3., on a self-directed

1basis and who does not otherwise have worker's compensation coverage for those
2services is considered to be an employee of the entity that is providing financial
3management services for that person.
AB724,24 4Section 24. 102.11 (1) (intro.) of the statutes is amended to read:
AB724,15,205 102.11 (1) (intro.) The average weekly earnings for temporary disability,
6permanent total disability, or death benefits for injury in each calendar year on or
7after January 1, 1982, shall be not less than $30 nor more than the wage rate that
8results in a maximum compensation rate of 110 percent of the state's average weekly
9earnings as determined under s. 108.05 as of June 30 of the previous year. The
10average weekly earnings for permanent partial disability shall be not less than $30
11and, for permanent partial disability for injuries occurring on or after April 17, 2012,
12and before January 1, 2013, not more than $468, resulting in a maximum
13compensation rate of $312, and, for permanent partial disability for injuries
14occurring on or after January 1, 2013, not more than $483, resulting in a maximum
15compensation rate of $322, except as provided in 2011 Wisconsin Act 183, section 30
16(2) (a)
the effective date of this subsection .... [LRB inserts date], and before January
171, 2017, not more than $513, resulting in a maximum compensation rate of $342, and,
18for permanent partial disability for injuries occurring on or after January 1, 2017,
19not more than $543, resulting in a maximum compensation rate of $362
. Between
20such limits the average weekly earnings shall be determined as follows:
AB724,25 21Section 25. 102.125 (title) of the statutes is amended to read:
AB724,15,23 22102.125 (title) Fraudulent claims Fraud reporting and, investigation,
23and prosecution
.
AB724,26 24Section 26. 102.125 of the statutes is renumbered 102.125 (1) and amended
25to read:
AB724,16,10
1102.125 (1) Fraudulent claims reporting and investigation. If an insurer or
2self-insured employer has evidence that a claim is false or fraudulent in violation of
3s. 943.395 and if the insurer or self-insured employer is satisfied that reporting the
4claim to the department will not impede its ability to defend the claim, the insurer
5or self-insured employer shall report the claim to the department. The department
6may require an insurer or self-insured employer to investigate an allegedly false or
7fraudulent claim and may provide the insurer or self-insured employer with any
8records of the department relating to that claim. An insurer or self-insured
9employer that investigates a claim under this section subsection shall report on the
10results of that investigation to the department.
AB724,16,16 11(3) Prosecution. If based on the an investigation under sub. (1) or (2) the
12department has a reasonable basis to believe that a violation of s. 943.20, 943.38,
13943.39, 943.392,
943.395, 943.40, or any other criminal law has occurred, the
14department shall refer the results of the investigation to the department of justice
15or
to the district attorney of the county in which the alleged violation occurred for
16prosecution.
AB724,27 17Section 27. 102.125 (2) of the statutes is created to read:
AB724,16,2218 102.125 (2) Assistance by department of justice. The department of workforce
19development may request the department of justice to assist the department of
20workforce development in an investigation under sub. (1) or in the investigation of
21any other suspected fraudulent activity on the part of an employer, employee,
22insurer, health care provider, or other person related to worker's compensation.
AB724,28 23Section 28. 102.13 (2) (b) of the statutes is amended to read:
AB724,17,924 102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
25physician assistant, advanced practice nurse prescriber, hospital, or health service

1provider shall furnish a legible, certified duplicate of the written material requested
2under par. (a) in paper format upon payment of the actual costs of preparing the
3certified duplicate, not to exceed the greater of 45 cents per page or $7.50 per request,
4plus the actual costs of postage, or shall furnish a legible, certified duplicate of that
5material in electronic format upon payment of $26 per request
. Any person who
6refuses to provide certified duplicates of written material in the person's custody that
7is requested under par. (a) shall be liable for reasonable and necessary costs and,
8notwithstanding s. 814.04 (1), reasonable attorney fees incurred in enforcing the
9requester's right to the duplicates under par. (a).
AB724,29 10Section 29. 102.13 (2) (c) of the statutes is amended to read:
AB724,18,211 102.13 (2) (c) Except as provided in this paragraph, if an injured employee has
12a period of temporary disability that exceeds 3 weeks or a permanent disability, if the
13injured employee has undergone surgery to treat his or her injury, other than surgery
14to correct a hernia, or if the injured employee sustained an eye injury requiring
15medical treatment on 3 or more occasions off the employer's premises, the
16department may by rule require the insurer or self-insured employer to submit to
17the department a final report of the employee's treating practitioner. The
18department may not require an insurer or self-insured employer to submit to the
19department a final report of an employee's treating practitioner when the insurer or
20self-insured employer denies the employee's claim for compensation in its entirety
21and the employee does not contest that denial. A treating practitioner shall complete
22a final report on a timely basis and
may charge a reasonable fee for the completion
23of the final report, not to exceed $100, but may not require prepayment of that fee.
24An insurer or self-insured employer that disputes the reasonableness of a fee

1charged for the completion of a treatment practitioner's final report may submit that
2dispute to the department for resolution under s. 102.16 (2).
AB724,30 3Section 30. 102.17 (1) (a) 3. of the statutes, as affected by 2015 Wisconsin Act
455
, is amended to read:
AB724,18,95 102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has
6acted with malice or bad faith as described in s. 102.18 (1) (b) 3. or (bp), that party
7shall provide written notice stating with reasonable specificity the basis for the claim
8to the employer, the insurer, the department, and the division before the division
9schedules a hearing on the claim of malice or bad faith.
AB724,31 10Section 31. 102.17 (4) of the statutes is amended to read:
AB724,19,811 102.17 (4) Except as provided in this subsection and s. 102.555 (12) (b), in the
12case of occupational disease,
the right of an employee, the employee's legal
13representative, or a dependent to proceed under this section shall not extend beyond
1412 years after the date of the injury or death or after the date that compensation,
15other than for treatment or burial expenses, was last paid, or would have been last
16payable if no advancement were made, whichever date is latest, and in the case of
17traumatic injury, that right shall not extend beyond 6 years after that date
. In the
18case of occupational disease; a traumatic injury resulting in the loss or total
19impairment of a hand or any part of the rest of the arm proximal to the hand or of
20a foot or any part of the rest of the leg proximal to the foot, any loss of vision, or any
21permanent brain injury; or a traumatic injury causing the need for an artificial
22spinal disc or a total or partial knee or hip replacement, there shall be no statute of
23limitations, except that benefits or treatment expense for an occupational disease
24becoming due 12 years after the date of injury or death or last payment of
25compensation, other than for treatment or burial expenses, shall be paid from the

1work injury supplemental benefit fund under s. 102.65 and in the manner provided
2in s. 102.66 and benefits or treatment expense for such a traumatic injury becoming
3due 12 6 years after that date shall be paid from that fund and in that manner if the
4date of injury or death or last payment of compensation, other than for treatment or
5burial expenses, is before April 1, 2006. Payment of wages by the employer during
6disability or absence from work to obtain treatment shall be considered payment of
7compensation for the purpose of this section if the employer knew of the employee's
8condition and its alleged relation to the employment.
AB724,32 9Section 32. 102.175 (3) of the statutes is created to read:
AB724,19,2110 102.175 (3) (a) If it is established by the certified report of a physician,
11podiatrist, surgeon, psychologist, or chiropractor under s. 102.17 (1) (d) 1., a record
12of a hospital or sanitorium under s. 102.17 (1) (d) 2., or other competent evidence that
13an injured employee has incurred permanent disability, but that a percentage of that
14disability was caused by an accidental injury sustained in the course of employment
15with the employer against whom compensation is claimed and a percentage of that
16disability was caused by other factors, whether occurring before or after the time of
17the accidental injury, the employer shall be liable only for the percentage of
18permanent disability that was caused by the accidental injury. If, however, previous
19permanent disability is attributable to occupational exposure with the same
20employer, the employer is also liable for that previous permanent disability so
21established.
AB724,20,522 (b) A physician, podiatrist, surgeon, psychologist, or chiropractor who prepares
23a certified report under s. 102.17 (1) (d) 1. relating to a claim for compensation for
24an accidental injury causing permanent disability that was sustained in the course
25of employment with the employer against whom compensation is claimed shall

1address in the report the issue of causation of the disability and shall include in the
2report an opinion as to the percentage of permanent disability that was caused by
3the accidental injury and the percentage of permanent disability that was caused by
4other factors, including occupational exposure with the same employer, whether
5occurring before or after the time of injury.
AB724,20,106 (c) Upon request of the department, the division, the employer, or the
7employer's worker's compensation insurer, an injured employee who claims
8compensation for an injury causing permanent disability shall disclose all previous
9findings of permanent disability or other impairments that are relevant to that
10injury.
AB724,33 11Section 33. 102.18 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
12is renumbered 102.18 (1) (b) 1. and amended to read:
AB724,20,1813 102.18 (1) (b) 1. Within 90 days after the final hearing and close of the record,
14the division shall make and file its findings upon the ultimate facts involved in the
15controversy, and its order, which shall state the division's determination as to the
16rights of the parties. Pending the final determination of any controversy before it,
17the division, after any hearing, may, in its discretion, make interlocutory findings,
18orders, and awards, which may be enforced in the same manner as final awards.
AB724,20,23 192. The division may include in any interlocutory or final award or order an order
20directing the employer or insurer to pay for any future treatment that may be
21necessary to cure and relieve the employee from the effects of the injury or to pay for
22a future course of instruction or other rehabilitation training services provided
23under a rehabilitation training program developed under s. 102.61 (1) or (1m)
.
AB724,21,3 243. If the division finds that the employer or insurer has not paid any amount
25that the employer or insurer was directed to pay in any interlocutory order or award

1and that the nonpayment was not in good faith, the division may include in its final
2award a penalty not exceeding 25 percent of each amount that was not paid as
3directed.
AB724,21,8 44. When there is a finding that the employee is in fact suffering from an
5occupational disease caused by the employment of the employer against whom the
6application is filed, a final award dismissing the application upon the ground that
7the applicant has suffered no disability from the disease shall not bar any claim the
8employee may have for disability sustained after the date of the award.
AB724,34 9Section 34. 102.18 (3) of the statutes, as affected by 2015 Wisconsin Act 55,
10is amended to read:
AB724,22,411 102.18 (3) A party in interest may petition the commission for review of an
12examiner's decision awarding or denying compensation if the department, the
13division, or the commission receives the petition within 21 days after the department
14or the division mailed a copy of the examiner's findings and order to the last-known
15addresses of the parties in interest. The commission shall dismiss a petition that is
16not timely filed within those 21 days unless the petitioner shows probable good cause
17that the petition was filed late for a reason for failure to timely file that was beyond
18the petitioner's control. If no petition is filed within those 21 days after the date on
19which a copy of the findings or order of the examiner is mailed to the last-known
20addresses of the parties in interest
, the findings or order shall be considered final
21unless set aside, reversed, or modified by the examiner within that time. If the
22findings or order are set aside by the examiner, the status shall be the same as prior
23to the setting aside of the findings or order. If the findings or order are reversed or
24modified by the examiner, the time for filing a petition commences on the date on
25which notice of the reversal or modification is mailed to the last-known addresses

1of the parties in interest. The commission shall either affirm, reverse, set aside, or
2modify the findings or order, in whole or in part, or direct the taking of additional
3evidence. The commission's action shall be based on a review of the evidence
4submitted.
AB724,35 5Section 35. 102.18 (4) (b) of the statutes is amended to read:
AB724,22,86 102.18 (4) (b) Within 28 days after the date of a decision of the commission is
7mailed to the last-known address of each party in interest
, the commission may, on
8its own motion, set aside the decision for further consideration.
AB724,36 9Section 36. 102.21 of the statutes, as affected by 2015 Wisconsin Act 55, is
10amended to read:
AB724,22,24 11102.21 Payment of awards by municipalities local governmental units.
12Whenever When an award is made under this chapter or s. 66.191, 1981 stats.,
13against any municipality local governmental unit, the person in whose favor the
14award is made shall file a certified copy of the award with the municipal clerk of the
15local governmental unit
. Unless an appeal is taken, within 20 days after that filing,
16the municipal clerk shall draw an order on the municipal treasurer of the local
17governmental unit
for the payment of the award. If upon appeal the award is
18affirmed in whole or in part, the municipal clerk shall draw an order for payment of
19the award within 10 days after a certified copy of the judgment affirming the award
20is filed with that clerk. If the award or judgment provides for more than one
21payment, the municipal clerk shall draw orders for payment as the payments become
22due. No statute relating to the filing of claims against, or the auditing, allowing, and
23payment of claims by, a municipality local governmental unit applies to the payment
24of an award or judgment under this section.
AB724,37
1Section 37. 102.23 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
2is renumbered 102.23 (1) (a) 1. and amended to read:
AB724,23,93 102.23 (1) (a) 1. The findings of fact made by the commission acting within its
4powers shall, in the absence of fraud, be conclusive. The order or award granting or
5denying compensation, either interlocutory or final, whether judgment has been
6rendered on the order or award or not, is subject to review only as provided in this
7section and not under ch. 227 or s. 801.02. The commission shall identify in the order
8or award the persons that must be made parties to an action for review of the order
9or award.
AB724,23,25 102. Within 30 days after the date of an order or award made by the commission
11either originally or after the filing of a petition for review with the department, the
12division, or the commission under s. 102.18
, any party aggrieved by the order or
13award may commence an action in circuit court for review of the order or award by
14serving a complaint as provided in par. (b) and filing the summons and complaint
15with the clerk of the circuit court commence, in circuit court, an action against the
16commission for the review of the order or award, in which action the adverse party
17shall also be made a defendant
. The summons and complaint shall name the party
18commencing the action as the plaintiff and shall name as defendants the commission
19and all persons identified by the commission under subd. 1. If the circuit court
20determines that any other person is necessary for the proper resolution of the action,
21the circuit court may join that person as a party to the action, unless joinder of the
22person would unduly delay the resolution of the action
. If the circuit court is satisfied
23that a party in interest has been prejudiced because of an exceptional delay in the
24receipt of a copy of any finding or order, the circuit court may extend the time in
25within which an action may be commenced by an additional 30 days.
AB724,24,4
13. The proceedings shall be in the circuit court of the county where the plaintiff
2resides, except that if the plaintiff is a state agency, the proceedings shall be in the
3circuit court of the county where the defendant resides. The proceedings may be
4brought in any circuit court if all parties stipulate and that court agrees.
AB724,38 5Section 38. 102.23 (1) (c) of the statutes is amended to read:
AB724,24,136 102.23 (1) (c) Except as provided in par. (cm), the The commission shall serve
7its answer to the complaint within 20 days after the service of the complaint, and,
8within the like time, the adverse party
. Except as provided in par. (cm), any other
9defendant
may serve an answer to the complaint within 20 days after the service of
10the complaint
, which answer may, by way of counterclaim or cross complaint, ask for
11the review of the order or award referred to in the complaint, with the same effect
12as if the party defendant had commenced a separate action for the review thereof of
13the order or award
.
AB724,39 14Section 39. 102.23 (1) (cm) of the statutes is amended to read:
AB724,24,1715 102.23 (1) (cm) If an adverse party to the proceeding a defendant in an action
16brought under par. (a) is an insurance company, the insurance company may serve
17an answer to the complaint within 45 days after the service of the complaint.
AB724,40 18Section 40. 102.28 (2) (a) of the statutes is amended to read:
AB724,25,319 102.28 (2) (a) Duty to insure payment for compensation. Unless exempted by
20the department
under par. (b) or (bm) or sub. (3), every employer, as described in s.
21102.04 (1), shall insure payment for that compensation under this chapter in an
22insurer authorized to do business in this state. A joint venture may elect to be an
23employer under this chapter and obtain insurance for payment of compensation. If
24a joint venture that is subject to this chapter only because the joint venture elected
25to be an employer under this chapter is dissolved and cancels or terminates its

1contract for the insurance of compensation under this chapter, that joint venture is
2deemed to have effected withdrawal, which shall be effective on the day after the
3contract is canceled or terminated.
AB724,41 4Section 41. 102.28 (2) (b) (title) of the statutes is amended to read:
AB724,25,55 102.28 (2) (b) (title) Exemption from duty to insure; employers generally.
AB724,42 6Section 42. 102.28 (2) (bm) of the statutes is created to read:
AB724,25,167 102.28 (2) (bm) Exemption from duty to insure; governmental employers. 1.
8Subject to subds. 2. to 4., if the state or a local governmental unit that has
9independent taxing authority is not partially insured or fully insured for its liability
10for the payment of compensation under this chapter, or to the extent that the state
11or a local governmental unit that has independent taxing authority is not partially
12insured for that liability under one or more contracts issued with the consent of the
13department under s. 102.31 (1) (b), and if the state or local governmental unit agrees
14to report faithfully all compensable injuries and to comply with this chapter and all
15rules of the department, the state or local governmental unit may elect to self-insure
16that liability without further order of the department.
AB724,25,2317 2. Notwithstanding the absence of an order of exemption from the duty to
18insure under par. (a), the state or a local governmental unit that elects to self-insure
19as provided in subd. 1. is exempt from that duty. Notwithstanding that exemption,
20if the state or a local governmental unit that elects to self-insure as provided in subd.
211. desires partial insurance or divided insurance, the state or local governmental
22unit shall obtain the consent of the department under s. 102.31 (1) (b) to the issuance
23of a contract providing such insurance.
AB724,26,524 3. a. A local governmental unit that elects to self-insure its liability for the
25payment of compensation under this chapter shall notify the department of that

1election in writing before commencing to self-insure that liability and shall notify
2the department of its intent to continue to self-insure that liability every 3 years
3after that initial notice. A local government unit that wishes to withdraw that
4election shall notify the department of that withdrawal not less than 30 days before
5the effective date of that withdrawal.
AB724,26,126 b. A notice under subd. 3. a. shall be accompanied by a resolution adopted by
7the governing body of the local governmental unit and signed by the elected or
8appointed chief executive of the local governmental unit stating that the governing
9body intends and agrees to self-insure the liability of the local governmental unit for
10the payment of compensation under this chapter and that the local government unit
11agrees to report faithfully all compensable injuries and to comply with this chapter
12and all rules of the department.
AB724,26,2013 4. An election to self-insure under subd. 1. is subject to revocation under par.
14(c) 2. Once such an election is revoked, the employer whose election is revoked may
15not elect to self-insure its liability for the payment of compensation under this
16chapter unless at least 3 calendar years have elapsed since the revocation and the
17department finds that the employer's financial condition is adequate to pay its
18employees' claims for compensation, that the employer has not received an excessive
19number of claims for compensation, and that the employer has faithfully discharged
20its obligations under this chapter and the rules of the department.
AB724,43 21Section 43. 102.28 (2) (c) (title) of the statutes is amended to read:
AB724,26,2222 102.28 (2) (c) (title) Revocation of exemption or election.
AB724,44 23Section 44. 102.28 (2) (c) of the statutes is renumbered 102.28 (2) (c) 1. and
24amended to read:
AB724,27,7
1102.28 (2) (c) 1. The department, after seeking the advice of the self-insurers
2council, may revoke an exemption granted to an employer under par. (b), upon giving
3the employer 10 days' written notice, if the department finds that the employer's
4financial condition is inadequate to pay its employees' claims for compensation, that
5the employer has received an excessive number of claims for compensation , or that
6the employer has failed to discharge faithfully its obligations according to the
7agreement contained in the application for exemption. The employer may, within
AB724,27,19 83. Within 10 days after receipt of the a notice of revocation, under subd. 1. or
92., the employer may
request in writing a review of the revocation by the secretary
10or the secretary's designee and the secretary or the secretary's designee shall review
11the revocation within 30 days after receipt of the request for review. If the employer
12is aggrieved by the determination of the secretary or the secretary's designee, the
13employer may, within 10 days after receipt of notice of that determination, request
14a hearing under s. 102.17. If the secretary or the secretary's designee determines
15that the employer's exemption or election should be revoked, the employer shall
16obtain insurance coverage as required under par. (a) immediately upon receipt of
17notice of that determination and, notwithstanding the pendency of proceedings
18under ss. 102.17 to 102.25, shall keep that coverage in force until another exemption
19under par. (b) is granted or another election under par. (bm) is made.
AB724,45 20Section 45. 102.28 (2) (c) 2. of the statutes is created to read:
AB724,28,221 102.28 (2) (c) 2. The department may revoke an election made by an employer
22under par. (bm), upon giving the employer 10 days' written notice, if the department
23finds that the employer's financial condition is inadequate to pay its employees'
24claims for compensation, that the employer has received an excessive number of

1claims for compensation, or that the employer has failed to discharge faithfully its
2obligations under this chapter and the rules of the department.
AB724,46 3Section 46. 102.28 (2) (d) of the statutes is amended to read:
AB724,28,94 102.28 (2) (d) Effect of insuring with unauthorized insurer. An employer who
5procures an exemption under par. (b) and thereafter
If an employer that is exempted
6under par. (b) or (bm) from the duty to insure under par. (a)
enters into any agreement
7for excess insurance coverage with an insurer not authorized to do business in this
8state, the employer shall report that agreement to the department immediately. The
9placing of such coverage shall not by itself be grounds for revocation of the exemption.
AB724,47 10Section 47. 102.28 (2) (e) of the statutes is created to read:
AB724,28,1211 102.28 (2) (e) Rules. The department shall promulgate rules to implement this
12subsection.
AB724,48 13Section 48. 102.28 (7) (a) of the statutes is amended to read:
AB724,29,314 102.28 (7) (a) If an employer who is currently or was formerly exempted by
15written order of the department under sub. (2) (b) is unable to pay an award,
16judgment is rendered in accordance with s. 102.20 against that employer, and
17execution is levied and returned unsatisfied in whole or in part, payments for the
18employer's liability shall be made from the fund established under sub. (8). If a
19currently or formerly exempted employer files for bankruptcy and not less than 60
20days after that filing the department has reason to believe that compensation
21payments due are not being paid, the department in its discretion may make
22payment for the employer's liability from the fund established under sub. (8). The
23secretary of administration shall proceed to recover such those payments from the
24employer or the employer's receiver or trustee in bankruptcy, and may commence an
25action or proceeding or file a claim therefor for those payments. The attorney general

1shall appear on behalf of the secretary of administration in any such action or
2proceeding. All moneys recovered in any such action or proceeding shall be paid into
3the fund established under sub. (8).
AB724,49 4Section 49. 102.28 (7) (b) of the statutes is renumbered 102.28 (7) (b) 1. and
5amended to read:
AB724,29,186 102.28 (7) (b) 1. Each employer exempted by written order of the department
7under sub. (2) (b) shall pay into the fund established by sub. (8) a sum equal to that
8assessed against each of the other such exempt employers upon the issuance of an
9initial order. The order
an initial assessment based on orders of the department as
10provided in subd. 2. An order of the department requiring exempt employers to pay
11into that fund
shall provide for a sum an amount that is sufficient to secure
12estimated payments of the an insolvent exempt employer due for the period up to the
13date of the order and for one year following the date of the order and to pay the
14estimated cost of insurance carrier or insurance service organization services under
15par. (c). Payments ordered to be made to the fund shall be paid to the department
16within 30 days after the date of the order. If additional moneys are required, further
17assessments shall be made based on orders of the department with as provided under
18subd. 2.
AB724,30,2 192. An initial or further assessment under subd. 1. shall be prorated on the basis
20of the gross payroll for this state of the exempt employer, as reported to the
21department for the previous calendar year for unemployment insurance purposes
22under ch. 108. If the or, if an exempt employer is not covered under ch. 108, then the
23department shall determine
on the basis of the comparable gross payroll for the
24exempt employer as determined by the department. If payment of any assessment
25made under this subsection subd. 1. is not made within 30 days of after the date of

1the order of the department, the attorney general may appear on behalf of the state
2to collect the assessment.
AB724,50 3Section 50. 102.28 (7) (bm) of the statutes is created to read:
AB724,30,44 102.28 (7) (bm) The department may not do any of the following:
AB724,30,75 1. Require an employer that elects under sub. (2) (bm) to self-insure its liability
6for the payment of compensation under this chapter to pay into the fund established
7under sub. (8).
AB724,30,118 2. Make any payments from the fund established under sub. (8) for the liability
9under this chapter of an employer that elects under sub. (2) (bm) to self-insure its
10liability for the payment of compensation under this chapter, whether currently or
11formerly exempt from the duty to insure under sub. (2) (a).
AB724,51 12Section 51. 102.28 (7) (d) of the statutes is created to read:
AB724,30,1413 102.28 (7) (d) The department shall promulgate rules to implement this
14subsection.
AB724,52 15Section 52. 102.29 (1) (b) 2. of the statutes is amended to read:
AB724,30,2316 102.29 (1) (b) 2. Out of the balance remaining after the deduction and payment
17specified in subd. 1., the employer, the insurance carrier, or, if applicable, the
18uninsured employers fund or the work injury supplemental benefit fund shall be
19reimbursed for all payments made by the employer, insurance carrier, or
20department, or which the employer, insurance carrier, or department may be
21obligated to make in the future, under this chapter, except that the employer,
22insurance carrier, or department shall not be reimbursed for any payments made or
23to be made under s. 102.18 (1) (b) 3. or (bp), 102.22, 102.35 (3), 102.57, or 102.60.
AB724,53 24Section 53. 102.29 (12) of the statutes is created to read:
AB724,31,4
1102.29 (12) No individual who is an employee of an entity described in s. 102.07
2(20) for purposes of this chapter and who makes a claim for compensation under this
3chapter may make a claim or maintain an action in tort against the person described
4in s. 102.07 (20) who received the services from which the claim arose.
AB724,54 5Section 54. 102.31 (2) (b) 2. of the statutes is amended to read:
AB724,31,126 102.31 (2) (b) 2. Regardless of whether the notices required under par. (a) have
7been given, a cancellation or termination is effective upon the effective date of
8replacement insurance coverage obtained by the employer or , the effective date of an
9order under s. 102.28 (2) (b) exempting the employer from carrying the duty to carry
10insurance under s. 102.28 (2) (a), or the effective date of an election by an employer
11under s. 102.28 (2) (bm) to self-insure its liability for the payment of compensation
12under this chapter
.
AB724,55 13Section 55. 102.315 (2) of the statutes is amended to read:
AB724,31,2114 102.315 (2) Employee leasing company liable. An employee leasing company
15is liable under s. 102.03 for all compensation payable under this chapter to a leased
16employee, including any payments required under s. 102.16 (3), 102.18 (1) (b) 3. or
17(bp), 102.22 (1), 102.35 (3), 102.57, or 102.60. Except as permitted under s. 102.29,
18an employee leasing company may not seek or receive reimbursement from another
19employer for any payments made as a result of that liability. An employee leasing
20company is not liable under s. 102.03 for any compensation payable under this
21chapter to an employee of a client who is not a leased employee.
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