SB21: Bill Text

SB21,1156,22 102.35 (3) Any employer who without reasonable cause refuses to rehire an employee who is injured in the course of employment, where when suitable employment is available within the employee's physical and mental limitations, upon order of the department and in addition to other benefits division, has exclusive liability to pay to the employee, in addition to other benefits, the wages lost during the period of such that refusal, not exceeding one year's wages. In determining the availability of suitable employment, the continuance in business of the employer shall be considered and any written rules promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall govern.

SB21,2928 Section 2928. 102.37 of the statutes is amended to read:

SB21,1157,8 102.37 Employers' records. Every employer of 3 or more persons and every employer who is subject to this chapter shall keep a record of all accidents causing death or disability of any employee while performing services growing out of and incidental to the employment. This That record shall give the name, address, age, and wages of the deceased or injured employee, the time and causes of the accident, the nature and extent of the injury, and any other information the department office may require by rule or general order. Reports based upon this that record shall be furnished to the department office at such times and in such manner as the department office may require by rule or general order, in a format approved by the department office.

SB21,2929 Section 2929. 102.38 of the statutes is amended to read:

SB21,1157,16 102.38 Records and reports of payments. Every insurance company that transacts the business of compensation insurance, and every employer who is subject to this chapter, but whose liability is not insured, shall keep a record of all payments made under this chapter and of the time and manner of making the payments and shall furnish reports based upon these records and any other information to the department office as the department office may require by rule or general order, in a format approved by the department office.

SB21,2930 Section 2930. 102.39 of the statutes is amended to read:

SB21,1157,23 102.39 Rules and general orders; application of statutes. The provisions of s. 103.005 relating to the adoption, publication, modification, and court review of rules or general orders of the department shall of workforce development apply to all rules promulgated or general orders adopted by the office under this chapter in the same manner as those provisions apply to rules promulgated or general orders adopted by the department of workforce development.

SB21,2931 Section 2931. 102.40 of the statutes is amended to read:

SB21,1158,4 102.40 Reports not evidence in actions. Reports furnished to the department pursuant to office under ss. 102.37 and 102.38 shall not be are not admissible as evidence in any action or proceeding arising out of the death or accident reported.

SB21,2932 Section 2932. 102.42 (1m) of the statutes is amended to read:

SB21,1158,15 102.42 (1m) Liability for unnecessary treatment. If an employee who has sustained a compensable injury undertakes in good faith invasive treatment that is generally medically acceptable, but that is unnecessary, the employer shall pay disability indemnity for all disability incurred as a result of that treatment. An employer is not liable for disability indemnity for any disability incurred as a result of any unnecessary treatment undertaken in good faith that is noninvasive or not medically acceptable. This subsection applies to all findings that an employee has sustained a compensable injury, whether the finding results from a hearing, the default of a party, or a compromise or stipulation confirmed by the department division.

SB21,2933 Section 2933. 102.42 (6) of the statutes is amended to read:

SB21,1159,3 102.42 (6) Treatment rejected by employee. Unless the employee shall have has elected Christian Science treatment in lieu of medical, surgical, dental, or hospital treatment, no compensation shall be payable for the death or disability of an employee, if the death be is caused, or insofar as the disability may be aggravated, caused, or continued, by an unreasonable refusal or neglect to submit to or follow any competent and reasonable medical, surgical, or dental treatment or, in the case of tuberculosis, by refusal or neglect to submit to or follow hospital or medical treatment when found by the department division to be necessary. The right to compensation accruing during a period of refusal or neglect to submit to or follow hospital or medical treatment when found by the department division to be necessary in the case of tuberculosis shall be barred, irrespective of whether disability was aggravated, caused, or continued thereby by that refusal or neglect.

SB21,2934 Section 2934. 102.42 (8) of the statutes is amended to read:

SB21,1159,13 102.42 (8) Award to state employee. Whenever the division makes an award is made by the department in on behalf of a state employee, the department of workforce development division shall file duplicate copies of the award with the subunit of the the department of administration responsible for risk management. Upon receipt of the copies of the award, the department of administration shall promptly issue a voucher in payment of the award from the proper appropriation under s. 20.865 (1) (fm), (kr), or (ur), and shall transmit one copy of the voucher and the award to the officer, department, or agency by whom the affected employee is employed.

SB21,2935 Section 2935. 102.42 (9) (a) of the statutes is amended to read:

SB21,1159,17 102.42 (9) (a) One of the primary purposes of this chapter is restoration of an injured employee to gainful employment. To this end, the department office shall employ a specialist in physical, medical, and vocational rehabilitation.

SB21,2936 Section 2936. 102.42 (9) (b) of the statutes is amended to read:

SB21,1159,24 102.42 (9) (b) Such The specialist employed under par. (a) shall study the problems of rehabilitation, both physical and vocational and shall refer suitable cases to the department office for vocational evaluation and training. The specialist shall investigate and maintain a directory of such rehabilitation facilities, private and public, as are capable of rendering competent rehabilitation service to seriously injured employees.

SB21,2937 Section 2937. 102.425 (4m) (a) of the statutes is amended to read:

SB21,1160,5 102.425 (4m) (a) The department office has jurisdiction under this subsection and s. 102.16 (1m) (c) and s. 102.17 to resolve a dispute between a pharmacist or practitioner and an employer or insurer over the reasonableness of the amount charged for a prescription drug dispensed under sub. (2) for outpatient use by an injured employee who claims benefits under this chapter.

SB21,2938 Section 2938. 102.425 (4m) (b) of the statutes is amended to read:

SB21,1160,16 102.425 (4m) (b) An employer or insurer that disputes the reasonableness of the amount charged for a prescription drug dispensed under sub. (2) for outpatient use by an injured employee or the department division under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a completed bill for the prescription drug, reasonable written notice to the pharmacist or practitioner that the charge is being disputed. After receiving reasonable written notice under this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1) (bg) 1. that a prescription drug charge is being disputed, a pharmacist or practitioner may not collect the disputed charge from, or bring an action for collection of the disputed charge against, the employee who received the prescription drug.

SB21,2939 Section 2939. 102.425 (4m) (c) of the statutes is amended to read:

SB21,1160,21 102.425 (4m) (c) A pharmacist or practitioner that receives notice under par. (b) that the reasonableness of the amount charged for a prescription drug dispensed under sub. (2) for outpatient use by an injured employee is in dispute shall file the dispute with the department office within 6 months after receiving that notice.

SB21,2940 Section 2940. 102.425 (4m) (d) of the statutes is amended to read:

SB21,1161,4 102.425 (4m) (d) The department office shall deny payment of a prescription drug charge that the department office determines under this subsection to be unreasonable. A pharmacist or practitioner and an employer or insurer that are parties to a dispute under this subsection over the reasonableness of a prescription drug charge are bound by the department's office's determination under this subsection on the reasonableness of the disputed charge, unless that determination is set aside on judicial review as provided in par. (e).

SB21,2941 Section 2941. 102.425 (4m) (e) of the statutes is amended to read:

SB21,1161,13 102.425 (4m) (e) Within 30 days after a determination under this subsection, the department office may set aside, reverse, or modify the determination for any reason that the department office considers sufficient. Within 60 days after a determination under this subsection, the department office may set aside, reverse, or modify the determination on grounds of mistake. A pharmacist, practitioner, employer, or insurer that is aggrieved by a determination of the department office under this subsection may seek judicial review of that determination in the same manner that compensation claims are reviewed under s. 102.23.

SB21,2942 Section 2942. 102.43 (5) (b) of the statutes is amended to read:

SB21,1161,24 102.43 (5) (b) Except as provided in s. 102.61 (1g), temporary disability shall also include such period as the employee may be receiving instruction under s. 102.61 (1) or (1m). Temporary disability on account of receiving instruction under s. 102.61 (1) or (1m), and not otherwise resulting from the injury, shall not be in excess of 80 weeks. Such That 80-week limitation does not apply to temporary disability benefits under this section, the cost of tuition, fees, books, travel, or maintenance under s. 102.61 (1), or the cost of private rehabilitation counseling or rehabilitative training under s. 102.61 (1m) if the department office determines that additional training is warranted. The necessity for additional training as authorized by the department office for any employee shall be subject to periodic review and reevaluation.

SB21,2943 Section 2943. 102.44 (1) (ag) of the statutes is amended to read:

SB21,1162,10 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury that occurred prior to January 1, 2001, shall receive supplemental benefits that shall be payable in the first instance by the employer or, subject to par. (c), the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department out of the fund created under s. 102.65. Those supplemental benefits shall be paid only for weeks of disability occurring after January 1, 2003, and shall continue during the period of such total disability subsequent to that date.

SB21,2944 Section 2944 . 102.44 (1) (ag) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1162,22 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury that occurred prior to January 1, 2001, shall receive supplemental benefits that shall be payable by the employer or, subject to par. (c), the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department office out of the fund created under s. 102.65. Those supplemental benefits shall be paid only for weeks of disability occurring after January 1, 2003, and shall continue during the period of such total disability subsequent to that date.

SB21,2945 Section 2945. 102.44 (1) (c) of the statutes is renumbered 102.44 (1) (c) 1. and amended to read:

SB21,1163,9 102.44 (1) (c) 1. Subject to any certificate filed under s. 102.65 (4), an employer or An insurance carrier paying the supplemental benefits required under this subsection shall be entitled to reimbursement for each such case from the fund established by s. 102.65 worker's compensation operations fund, commencing one year after the date of the first payment of those benefits and annually thereafter while those payments continue. To receive reimbursement under this paragraph, an employer or insurance carrier must file a claim for that reimbursement with the department by no later than 12 months after the end of the year in which the supplemental benefits were paid and the claim must be approved by the department.

SB21,2946 Section 2946. 102.44 (1) (c) 1. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1163,19 102.44 (1) (c) 1. An insurance carrier paying the supplemental benefits required under this subsection shall be entitled to reimbursement for each such case from the worker's compensation operations fund, commencing one year after the date of the first payment of those benefits and annually thereafter while those payments continue. To receive reimbursement under this paragraph, an insurance carrier must file a claim for that reimbursement with the department office by no later than 12 months after the end of the year in which the supplemental benefits were paid and the claim must be approved by the department office.

SB21,2947 Section 2947. 102.44 (1) (c) 2. of the statutes is created to read:

SB21,1164,4 102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under subd. 1., the department shall determine the total amount of all claims filed by that deadline and shall use that total to determine the amount to be collected under s. 102.75 (1g) from each licensed worker's compensation insurance carrier, deposited in the worker's compensation operations fund, and used to provide reimbursement to insurance carriers paying supplemental benefits under this subsection. Subject to subd. 3., the department shall pay a claim for reimbursement approved by the department by no later than 16 months after the end of the year in which the claim was received by the department.

SB21,2948 Section 2948. 102.44 (1) (c) 2. of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1164,15 102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under subd. 1., the department office shall determine the total amount of all claims filed by that deadline and shall use that total to determine the amount to be collected under s. 102.75 (1g) from each licensed worker's compensation insurance carrier, deposited in the worker's compensation operations fund, and used to provide reimbursement to insurance carriers paying supplemental benefits under this subsection. Subject to subd. 3., the department office shall pay a claim for reimbursement approved by the department office by no later than 16 months after the end of the year in which the claim was received by the department office.

SB21,2949 Section 2949. 102.44 (1) (c) 3. of the statutes is created to read:

SB21,1165,2 102.44 (1) (c) 3. The maximum amount that the department may pay under subd. 2. in a calendar year is $5,000,000. If the amount determined payable under subd. 2. in a calendar year is $5,000,000 or less, the department shall pay that amount. If the amount determined payable under subd. 2. in a calendar year exceeds $5,000,000, the department shall pay $5,000,000 in the year in which the determination is made and, subject to the maximum amount payable of $5,000,000 per calendar year, shall pay the excess in the next calendar year or in subsequent calendar years until that excess is paid in full. The department shall pay claims for reimbursement under subd. 2. in the chronological order in which those claims are received.

SB21,2950 Section 2950. 102.44 (1) (c) 3. of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1165,14 102.44 (1) (c) 3. The maximum amount that the department office may pay under subd. 2. in a calendar year is $5,000,000. If the amount determined payable under subd. 2. in a calendar year is $5,000,000 or less, the department office shall pay that amount. If the amount determined payable under subd. 2. in a calendar year exceeds $5,000,000, the department office shall pay $5,000,000 in the year in which the determination is made and, subject to the maximum amount payable of $5,000,000 per calendar year, shall pay the excess in the next calendar year or in subsequent calendar years until that excess is paid in full. The department office shall pay claims for reimbursement under subd. 2. in the chronological order in which those claims are received.

SB21,2951 Section 2951. 102.44 (1) (c) 4. of the statutes is created to read:

SB21,1165,17 102.44 (1) (c) 4. This paragraph does not apply to supplemental benefits paid for an injury that occurs on or after January 1, 2016.

SB21,2952 Section 2952. 102.44 (2) of the statutes is amended to read:

SB21,1165,24 102.44 (2) In case of permanent total disability, aggregate indemnity shall be weekly indemnity for the period that the employee may live. Total impairment for industrial use of both eyes, or the loss of both arms at or near the shoulder, or the loss of both legs at or near the hip, or the loss of one arm at the shoulder and one leg at the hip, constitutes permanent total disability. This enumeration is not exclusive, but in other cases the department division shall find the facts.

SB21,2953 Section 2953. 102.44 (5) (d) of the statutes is amended to read:

SB21,1166,4 102.44 (5) (d) The employer or insurance carrier making such a reduction under this subsection shall report to the department office the reduction and, as requested by the department office, furnish to the department office satisfactory proof of the basis for the reduction.

SB21,2954 Section 2954. 102.44 (6) (b) of the statutes is amended to read:

SB21,1166,11 102.44 (6) (b) If, during the period set forth in s. 102.17 (4) the employment relationship is terminated by the employer at the time of the injury , or by the employee because his or her physical or mental limitations prevent his or her continuing in such employment, or if during such that period a wage loss of 15% 15 percent or more occurs, the department division may reopen any award and make a redetermination taking into account loss of earning capacity.

SB21,2955 Section 2955. 102.45 of the statutes is amended to read:

SB21,1166,23 102.45 Benefits payable to minors; how paid. Compensation and death benefit In the discretion of the office, compensation or death benefits payable to an employee or dependent who was a minor when the employee's or dependent's right of the employee or dependent to compensation or death benefits began to accrue, may, in the discretion of the department, be ordered paid to a bank, trust company, trustee, parent, or guardian, for the use of such the employee or dependent as may be found best calculated to conserve the employee's or dependent's interests. Such of the employee or dependent. The employee or dependent shall be entitled to receive payments, in the aggregate, at a rate that is not less than that the rate applicable to payments of primary compensation for total disability or death benefit as accruing from the employee's or dependent's 18th birthday of the employee or dependent.

SB21,2956 Section 2956. 102.475 (1) of the statutes is amended to read:

SB21,1167,13 102.475 (1) Special benefit. If the deceased employee is a law enforcement officer, correctional officer, fire fighter, rescue squad member, diving team member, national guard member, or state defense force member on state active duty as described in s. 102.07 (9) or if a deceased person is an employee or volunteer performing emergency management activities under ch. 323 during a state of emergency or a circumstance described in s. 323.12 (2) (c), who sustained an accidental injury while performing services growing out of and incidental to that employment or volunteer activity so that benefits are payable under s. 102.46 or 102.47 (1), the department office shall voucher and pay from the appropriation under s. 20.445 (1) 20.145 (6) (aa) a sum equal to 75% 75 percent of the primary death benefit as of the date of death, but not less than $50,000 to the persons wholly dependent upon the deceased. For purposes of this subsection, dependency shall be determined under ss. 102.49 and 102.51.

SB21,2957 Section 2957. 102.475 (6) of the statutes is amended to read:

SB21,1167,17 102.475 (6) Proof. In administering this section the department office may require reasonable proof of birth, marriage, domestic partnership under ch. 770, relationship, or dependency.

SB21,2958 Section 2958. 102.48 (1) of the statutes is amended to read:

SB21,1167,24 102.48 (1) An unestranged surviving parent or parents to whose support the deceased has contributed less than $500 in the 52 weeks next preceding the injury causing death shall receive a death benefit of $6,500. If the parents are not living together, the department office shall divide this sum in such proportion as it deems the office considers to be just, considering their ages and other facts bearing on dependency.

SB21,2959 Section 2959. 102.48 (2) of the statutes is amended to read:

SB21,1168,15 102.48 (2) In all other cases the death benefit shall be such sum as the department shall determine office determines to represent fairly and justly the aid to support which the dependent might reasonably have anticipated from the deceased employee but for the injury. To establish anticipation of support and dependency, it shall not be essential that the deceased employee made any contribution to support. The aggregate benefits in such that case shall not exceed twice the average annual earnings of the deceased; or 4 times the contributions of the deceased to the support of such his or her dependents during the year immediately preceding the deceased employee's death, whichever amount is the greater. In no event shall the aggregate benefits in such that case exceed the amount which that would accrue to a person who is solely and wholly dependent. Where When there is more than one partial dependent the weekly benefit shall be apportioned according to their relative dependency. The term "support" as used in ss. 102.42 to 102.63 shall include contributions to the capital fund of the dependents, for their necessary comfort.

SB21,2960 Section 2960. 102.48 (3) of the statutes is amended to read:

SB21,1168,20 102.48 (3) A Except as otherwise provided, a death benefit, other than burial expenses, except as otherwise provided, shall be paid in weekly installments corresponding in amount to two-thirds of the weekly earnings of the employee, until otherwise ordered by the department office.

SB21,2961 Section 2961. 102.49 (3) of the statutes is amended to read:

SB21,1169,5 102.49 (3) If the employee leaves a spouse or domestic partner under ch. 770 wholly dependent and also a child by a former marriage, domestic partnership under ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same in amount as if the child were the child of the surviving spouse or partner, and the entire benefit shall be apportioned to the dependents in the amounts that the department office determines to be just, considering the ages of the dependents and other factors bearing on dependency. The benefit awarded to the surviving spouse or partner shall not exceed 4 times the average annual earnings of the deceased employee.

SB21,2962 Section 2962. 102.49 (5) (d) of the statutes is amended to read:

SB21,1169,12 102.49 (5) (d) The payment into the state treasury shall be made in all such cases regardless of whether the dependents or personal representatives of the deceased employee commence action against a 3rd party under s. 102.29. If the payment is not made within 20 days after the department makes request therefor office requests the payment to be made, any sum payable shall bear interest at the rate of 7% 7 percent per year.

SB21,2963 Section 2963. 102.49 (6) of the statutes is amended to read:

SB21,1169,19 102.49 (6) The department office may award the additional benefits payable under this section to the surviving parent of the child, to the child's guardian, or to such other person, bank, or trust company for the child's use as may be found best calculated to conserve the interest interests of the child. In the case of death of a child If the child dies while benefits are still payable , there shall be paid the reasonable expense for burial, not exceeding $1,500.

SB21,2964 Section 2964. 102.51 (3) of the statutes is amended to read:

SB21,1169,25 102.51 (3) Division among dependents. If there is more than one person wholly or partially dependent on a deceased employee, the death benefit shall be divided between such those dependents in such proportion as the department shall determine office determines to be just, considering their ages and other facts bearing on such their dependency.

SB21,2965 Section 2965. 102.51 (4) of the statutes is amended to read:

SB21,1170,14 102.51 (4) Dependency as of the date of death. Questions as to who is a dependent and the extent of his or her dependency shall be determined as of the date of the death of the employee, and the dependent's right to any death benefit becomes fixed at that time, regardless of any subsequent change in conditions. The death benefit shall be directly recoverable by and payable to the dependents entitled thereto to the death benefit or their legal guardians or trustees. In case of the death of a dependent whose right to a death benefit has thus become fixed, so much of the benefit as is then unpaid is payable to the dependent's personal representatives in gross, unless the department office determines that the unpaid benefit shall be reassigned, under sub. (6), and paid to any other dependent who is physically or mentally incapacitated or a minor. A posthumous child is for the purpose For purposes of this subsection, a child of the employee who is born after the death of the employee is considered to be a dependent as of the date of death.

SB21,2966 Section 2966. 102.51 (6) of the statutes is amended to read:

SB21,1170,21 102.51 (6) Division among dependents. Benefits accruing to a minor dependent child may be awarded to either parent in the discretion of the department office. Notwithstanding sub. (1), the department office may reassign the death benefit, in accordance with their respective needs for the death benefit as between a surviving spouse or a domestic partner under ch. 770 and any children designated specified in sub. (1) and s. 102.49 in accordance with their respective needs for the death benefit.

SB21,2967 Section 2967. 102.55 (3) of the statutes is amended to read:

SB21,1171,6 102.55 (3) For all other injuries to the members of the body or its faculties which that are specified in this the schedule under s. 102.52 resulting in permanent disability, though the member be is not actually severed or the faculty is not totally lost, compensation shall bear such relation to that the compensation named in this the schedule as disabilities bear the disability bears to the disabilities disability named in this the schedule. Indemnity in such those cases shall be determined by allowing weekly indemnity during the healing period resulting from the injury and the percentage of permanent disability resulting thereafter after the healing period as found by the department division.

SB21,2968 Section 2968. 102.555 (12) (a) of the statutes is amended to read:

SB21,1171,12 102.555 (12) (a) An employer, the office, or the department division is not liable for the expense of any examination or test for hearing loss, any evaluation of such an exam or test, any medical treatment for improving or restoring hearing, or any hearing aid to relieve the effect of hearing loss unless it is determined that compensation for occupational deafness is payable under sub. (3), (4), or (11).

SB21,2969 Section 2969. 102.56 (1) of the statutes is amended to read:

SB21,1171,25 102.56 (1) Subject to sub. (2), if an employee is so permanently disfigured as to occasion potential wage loss due to the disfigurement, the department division may allow such sum as the department division considers just as compensation for the disfigurement, not exceeding the employee's average annual earnings. In determining the potential for wage loss due to the disfigurement and the sum awarded, the department division shall take into account the age, education, training, and previous experience and earnings of the employee, the employee's present occupation and earnings, and likelihood of future suitable occupational change. Consideration for disfigurement allowance is confined to those areas of the body that are exposed in the normal course of employment. The department division shall also take into account the appearance of the disfigurement, its location, and the likelihood of its exposure in occupations for which the employee is suited.