SB456,23,2419 102.18 (1) (b) 1. Within 90 days after the final hearing and close of the record,
20the division shall make and file its findings upon the ultimate facts involved in the
21controversy, and its order, which shall state the division's determination as to the
22rights of the parties. Pending the final determination of any controversy before it,
23the division, after any hearing, may, in its discretion, make interlocutory findings,
24orders, and awards, which may be enforced in the same manner as final awards.
SB456,24,5
12. The division may include in any interlocutory or final award or order an order
2directing the employer or insurer to pay for any future treatment that may be
3necessary to cure and relieve the employee from the effects of the injury or to pay for
4a future course of instruction or other rehabilitation training services provided
5under a rehabilitation training program developed under s. 102.16 (1) or (1m)
.
SB456,24,10 63. If the division finds that the employer or insurer has not paid any amount
7that the employer or insurer was directed to pay in any interlocutory order or award
8and that the nonpayment was not in good faith, the division may include in its final
9award a penalty not exceeding 25 percent of each amount that was not paid as
10directed.
SB456,24,15 114. When there is a finding that the employee is in fact suffering from an
12occupational disease caused by the employment of the employer against whom the
13application is filed, a final award dismissing the application upon the ground that
14the applicant has suffered no disability from the disease shall not bar any claim the
15employee may have for disability sustained after the date of the award.
SB456,27 16Section 27. 102.18 (3) of the statutes, as affected by 2015 Wisconsin Act 55,
17is amended to read:
SB456,25,1118 102.18 (3) A party in interest may petition the commission for review of an
19examiner's decision awarding or denying compensation if the department, the
20division, or
the commission receives the petition within 21 days after the department
21or the division mailed a copy of the examiner's findings and order to the last-known
22addresses of the parties in interest. The commission shall dismiss a petition that is
23not timely filed within those 21 days unless the petitioner shows probable good cause
24that the petition was filed late for a reason for failure to timely file that was beyond
25the petitioner's control. If no petition is filed within those 21 days after the date on

1which a copy of the findings or order of the examiner is mailed to the last-known
2addresses of the parties in interest
, the findings or order shall be considered final
3unless set aside, reversed, or modified by the examiner within that time. If the
4findings or order are set aside by the examiner, the status shall be the same as prior
5to the setting aside of the findings or order. If the findings or order are reversed or
6modified by the examiner, the time for filing a petition commences on the date on
7which notice of the reversal or modification is mailed to the last-known addresses
8of the parties in interest. The commission shall either affirm, reverse, set aside, or
9modify the findings or order, in whole or in part, or direct the taking of additional
10evidence. The commission's action shall be based on a review of the evidence
11submitted.
SB456,28 12Section 28. 102.18 (4) (b) of the statutes is amended to read:
SB456,25,1513 102.18 (4) (b) Within 28 days after the date of a decision of the commission is
14mailed to the last-known address of each party in interest
, the commission may, on
15its own motion, set aside the decision for further consideration.
SB456,29 16Section 29. 102.18 (7) of the statutes is created to read:
SB456,26,217 102.18 (7) In cases in which the division makes a final award of compensation
18based on a finding that the injured employee has incurred a permanent partial
19disability, the division shall order the injured employee to submit to a reexamination
20under s. 102.13 (1) (a) once every 3 years after the date of the award or order upon
21the written request of the employer or insurer. After such a reexamination, a party
22in interest may file an application requesting the division to review its findings on
23the issue of the level of the employee's disability. After that review, the division may
24make new findings on that issue and order a new award based on the level of the

1employee's disability as it may then appear. This subsection shall not affect the
2application of the limitation in s. 102.17 (4).
SB456,30 3Section 30. 102.21 of the statutes, as affected by 2015 Wisconsin Act 55, is
4amended to read:
SB456,26,18 5102.21 Payment of awards by municipalities. Whenever When an award
6is made under this chapter or s. 66.191, 1981 stats., against any municipality local
7governmental unit
, the person in whose favor the award is made shall file a certified
8copy of the award with the municipal clerk of the local governmental unit. Unless
9an appeal is taken, within 20 days after that filing, the municipal clerk shall draw
10an order on the municipal treasurer of the local governmental unit for the payment
11of the award. If upon appeal the award is affirmed in whole or in part, the municipal
12clerk shall draw an order for payment of the award within 10 days after a certified
13copy of the judgment affirming the award is filed with that clerk. If the award or
14judgment provides for more than one payment, the municipal clerk shall draw orders
15for payment as the payments become due. No statute relating to the filing of claims
16against, or the auditing, allowing, and payment of claims by, a municipality local
17governmental unit
applies to the payment of an award or judgment under this
18section.
SB456,31 19Section 31. 102.23 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
20is renumbered 102.23 (1) (a) 1. and amended to read:
SB456,27,221 102.23 (1) (a) 1. The findings of fact made by the commission acting within its
22powers shall, in the absence of fraud, be conclusive. The order or award granting or
23denying compensation, either interlocutory or final, whether judgment has been
24rendered on the order or award or not, is subject to review only as provided in this
25section and not under ch. 227 or s. 801.02. The commission shall identify in the order

1or award the persons that must be made parties to an action for review of the order
2or award.
SB456,27,18 32. Within 30 days after the date of an order or award made by the commission
4either originally or after the filing of a petition for review with the department, the
5division, or the commission under s. 102.18
, any party aggrieved by the order or
6award may commence an action in circuit court for review of the order or award by
7serving a complaint as provided in par. (b) and filing the summons and complaint
8with the clerk of the circuit court commence, in circuit court, an action against the
9commission for the review of the order or award, in which action the adverse party
10shall also be made a defendant
. The summons and complaint shall name the party
11commencing the action as the plaintiff and shall name as defendants the commission
12and all persons identified by the commission under subd. 1. If the circuit court
13determines that any other person is necessary for the proper resolution of the action,
14the circuit court may join that person as a party to the action, unless joinder of the
15person would unduly delay the resolution of the action
. If the circuit court is satisfied
16that a party in interest has been prejudiced because of an exceptional delay in the
17receipt of a copy of any finding or order, the circuit court may extend the time in
18within which an action may be commenced by an additional 30 days.
SB456,27,22 193. The proceedings shall be in the circuit court of the county where the plaintiff
20resides, except that if the plaintiff is a state agency, the proceedings shall be in the
21circuit court of the county where the defendant resides. The proceedings may be
22brought in any circuit court if all parties stipulate and that court agrees.
SB456,32 23Section 32. 102.23 (1) (c) of the statutes is amended to read:
SB456,28,624 102.23 (1) (c) Except as provided in par. (cm), the The commission shall serve
25its answer within 20 days after the service of the complaint, and, within the like time,

1the adverse party
. Except as provided in par. (cm), any other defendant may serve
2an answer to the complaint within 20 days after the service of the complaint, which
3answer may, by way of counterclaim or cross complaint, ask for the review of the
4order or award referred to in the complaint, with the same effect as if the party
5defendant had commenced a separate action for the review thereof of the order or
6award
.
SB456,33 7Section 33. 102.23 (1) (cm) of the statutes is amended to read:
SB456,28,108 102.23 (1) (cm) If an adverse party to the proceeding a defendant in an action
9brought under par. (a) is an insurance company, the insurance company may serve
10an answer to the complaint within 45 days after the service of the complaint.
SB456,34 11Section 34. 102.28 (2) (a) of the statutes is amended to read:
SB456,28,2112 102.28 (2) (a) Duty to insure payment for compensation. Unless exempted by
13the department
under par. (b) or (bm) or sub. (3), every employer, as described in s.
14102.04 (1), shall insure payment for that compensation under this chapter in an
15insurer authorized to do business in this state. A joint venture may elect to be an
16employer under this chapter and obtain insurance for payment of compensation. If
17a joint venture that is subject to this chapter only because the joint venture elected
18to be an employer under this chapter is dissolved and cancels or terminates its
19contract for the insurance of compensation under this chapter, that joint venture is
20deemed to have effected withdrawal, which shall be effective on the day after the
21contract is canceled or terminated.
SB456,35 22Section 35. 102.28 (2) (b) (title) of the statutes is amended to read:
SB456,28,2323 102.28 (2) (b) (title) Exemption from duty to insure; employers generally.
SB456,36 24Section 36. 102.28 (2) (bm) of the statutes is created to read:
SB456,29,10
1102.28 (2) (bm) Exemption from duty to insure; governmental employers. 1.
2Subject to subds. 2. to 4., if the state or a local governmental unit that has
3independent taxing authority is not partially insured or fully insured for its liability
4for the payment of compensation under this chapter, or to the extent that the state
5or a local governmental unit that has independent taxing authority is not partially
6insured for that liability under one or more contracts issued with the consent of the
7department under s. 102.31 (1) (b), and if the state or local governmental unit agrees
8to report faithfully all compensable injuries and to comply with this chapter and all
9rules of the department, the state or local governmental unit may elect to self-insure
10that liability without further order of the department.
SB456,29,1711 2. Notwithstanding the absence of an order of exemption from the duty to
12insure under par. (a), the state or a local governmental unit that elects to self-insure
13as provided in subd. 1. is exempt from that duty. Notwithstanding that exemption,
14if the state or a local governmental unit that elects to self-insure as provided in subd.
151. desires partial insurance or divided insurance, the state or local governmental
16unit shall obtain the consent of the department under s. 102.31 (1) (b) to the issuance
17of a contract providing such insurance.
SB456,29,2418 3. a. A local governmental unit that elects to self-insure its liability for the
19payment of compensation under this chapter shall notify the department of that
20election in writing before commencing to self-insure that liability and shall notify
21the department of its intent to continue to self-insure that liability every 3 years
22after that initial notice. A local government unit that wishes to withdraw that
23election shall notify the department of that withdrawal not less than 30 days before
24the effective date of that withdrawal.
SB456,30,7
1b. A notice under subd. 3. a. shall be accompanied by a resolution adopted by
2the governing body of the local governmental unit and signed by the elected or
3appointed chief executive of the local governmental unit stating that the governing
4body intends and agrees to self-insure the liability of the local governmental unit for
5the payment of compensation under this chapter and that the local government unit
6agrees to report faithfully all compensable injuries and to comply with this chapter
7and all rules of the department.
SB456,30,158 4. An election to self-insure under subd. 1. is subject to revocation under par.
9(c) 2. Once such an election is revoked, the employer whose election is revoked may
10not elect to self-insure its liability for the payment of compensation under this
11chapter unless at least 3 calendar years have elapsed since the revocation and the
12department finds that the employer's financial condition is adequate to pay its
13employees' claims for compensation, that the employer has not received an excessive
14number of claims for compensation, and that the employer has faithfully discharged
15its obligations under this chapter and the rules of the department.
SB456,37 16Section 37. 102.28 (2) (c) (title) of the statutes is amended to read:
SB456,30,1717 102.28 (2) (c) (title) Revocation of exemption or election.
SB456,38 18Section 38. 102.28 (2) (c) of the statutes is renumbered 102.28 (2) (c) 1. and
19amended to read:
SB456,31,220 102.28 (2) (c) 1. The department, after seeking the advice of the self-insurers
21council, may revoke an exemption granted to an employer under par. (b), upon giving
22the employer 10 days' written notice, if the department finds that the employer's
23financial condition is inadequate to pay its employees' claims for compensation, that
24the employer has received an excessive number of claims for compensation , or that

1the employer has failed to discharge faithfully its obligations according to the
2agreement contained in the application for exemption. The employer may, within
SB456,31,14 33. Within 10 days after receipt of the a notice of revocation, under subd. 1. or
42., the employer may
request in writing a review of the revocation by the secretary
5or the secretary's designee and the secretary or the secretary's designee shall review
6the revocation within 30 days after receipt of the request for review. If the employer
7is aggrieved by the determination of the secretary or the secretary's designee, the
8employer may, within 10 days after receipt of notice of that determination, request
9a hearing under s. 102.17. If the secretary or the secretary's designee determines
10that the employer's exemption or election should be revoked, the employer shall
11obtain insurance coverage as required under par. (a) immediately upon receipt of
12notice of that determination and, notwithstanding the pendency of proceedings
13under ss. 102.17 to 102.25, shall keep that coverage in force until another exemption
14under par. (b) is granted or another election under par. (bm) is made.
SB456,39 15Section 39. 102.28 (2) (c) 2. of the statutes is created to read:
SB456,31,2116 102.28 (2) (c) 2. The department may revoke an election made by an employer
17under par. (bm), upon giving the employer 10 days' written notice, if the department
18finds that the employer's financial condition is inadequate to pay its employees'
19claims for compensation, that the employer has received an excessive number of
20claims for compensation, or that the employer has failed to discharge faithfully its
21obligations under this chapter and the rules of the department.
SB456,40 22Section 40. 102.28 (2) (d) of the statutes is amended to read:
SB456,32,323 102.28 (2) (d) Effect of insuring with unauthorized insurer. An employer who
24procures an exemption under par. (b) and thereafter
If an employer that is exempted
25under par. (b) or (bm) from the duty to insure under par. (a)
enters into any agreement

1for excess insurance coverage with an insurer not authorized to do business in this
2state, the employer shall report that agreement to the department immediately. The
3placing of such coverage shall not by itself be grounds for revocation of the exemption.
SB456,41 4Section 41. 102.28 (7) (a) of the statutes is amended to read:
SB456,32,195 102.28 (7) (a) If an employer who is currently or was formerly exempted by
6written order of the department under sub. (2) (b) is unable to pay an award,
7judgment is rendered in accordance with s. 102.20 against that employer, and
8execution is levied and returned unsatisfied in whole or in part, payments for the
9employer's liability shall be made from the fund established under sub. (8). If a
10currently or formerly exempted employer files for bankruptcy and not less than 60
11days after that filing the department has reason to believe that compensation
12payments due are not being paid, the department in its discretion may make
13payment for the employer's liability from the fund established under sub. (8). The
14secretary of administration shall proceed to recover such those payments from the
15employer or the employer's receiver or trustee in bankruptcy, and may commence an
16action or proceeding or file a claim therefor for those payments. The attorney general
17shall appear on behalf of the secretary of administration in any such action or
18proceeding. All moneys recovered in any such action or proceeding shall be paid into
19the fund established under sub. (8).
SB456,42 20Section 42. 102.28 (7) (b) of the statutes is renumbered 102.28 (7) (b) 1. and
21amended to read:
SB456,33,922 102.28 (7) (b) 1. Each employer exempted by written order of the department
23under sub. (2) (b) shall pay into the fund established by sub. (8) a sum equal to that
24assessed against each of the other such exempt employers upon the issuance of an
25initial order. The order
an initial assessment based on orders of the department as

1provided in subd. 2. An order of the department requiring exempt employers to pay
2into that fund
shall provide for a sum an amount that is sufficient to secure
3estimated payments of the an insolvent exempt employer due for the period up to the
4date of the order and for one year following the date of the order and to pay the
5estimated cost of insurance carrier or insurance service organization services under
6par. (c). Payments ordered to be made to the fund shall be paid to the department
7within 30 days after the date of the order. If additional moneys are required, further
8assessments shall be made based on orders of the department with as provided under
9subd. 2.
SB456,33,18 102. An initial or further assessment under subd. 1. shall be prorated on the basis
11of the gross payroll for this state of the exempt employer, as reported to the
12department for the previous calendar year for unemployment insurance purposes
13under ch. 108. If the or, if an exempt employer is not covered under ch. 108, then the
14department shall determine
on the basis of the comparable gross payroll for the
15exempt employer as determined by the department. If payment of any assessment
16made under this subsection subd. 1. is not made within 30 days of after the date of
17the order of the department, the attorney general may appear on behalf of the state
18to collect the assessment.
SB456,43 19Section 43. 102.28 (7) (bm) of the statutes is created to read:
SB456,33,2020 102.28 (7) (bm) The department may not do any of the following:
SB456,33,2321 1. Require an employer that elects under sub. (2) (bm) to self-insure its liability
22for the payment of compensation under this chapter to pay into the fund established
23under sub. (8).
SB456,34,224 2. Make any payments from the fund established under sub. (8) for the liability
25under this chapter of an employer that elects under sub. (2) (bm) to self-insure its

1liability for the payment of compensation under this chapter, whether currently or
2formerly exempt from the duty to insure under sub. (2) (a).
SB456,44 3Section 44. 102.29 (1) (b) 2. of the statutes is amended to read:
SB456,34,114 102.29 (1) (b) 2. Out of the balance remaining after the deduction and payment
5specified in subd. 1., the employer, the insurance carrier, or, if applicable, the
6uninsured employers fund or the work injury supplemental benefit fund shall be
7reimbursed for all payments made by the employer, insurance carrier, or
8department, or which the employer, insurance carrier, or department may be
9obligated to make in the future, under this chapter, except that the employer,
10insurance carrier, or department shall not be reimbursed for any payments made or
11to be made under s. 102.18 (1) (b) 3. or (bp), 102.22, 102.35 (3), 102.57, or 102.60.
SB456,45 12Section 45. 102.31 (2) (b) 2. of the statutes is amended to read:
SB456,34,1813 102.31 (2) (b) 2. Regardless of whether the notices required under par. (a) have
14been given, a cancellation or termination is effective upon the effective date of
15replacement insurance coverage obtained by the employer or , of an order under s.
16102.28 (2) (b)
exempting the employer from carrying the duty to carry insurance
17under s. 102.28 (2) (a), or of an election by an employer under s. 102.28 (2) (bm) to
18self-insure its liability for the payment of compensation under this chapter
.
SB456,46 19Section 46. 102.315 (2) of the statutes is amended to read:
SB456,35,220 102.315 (2) Employee leasing company liable. An employee leasing company
21is liable under s. 102.03 for all compensation payable under this chapter to a leased
22employee, including any payments required under s. 102.16 (3), 102.18 (1) (b) 3. or
23(bp), 102.22 (1), 102.35 (3), 102.57, or 102.60. Except as permitted under s. 102.29,
24an employee leasing company may not seek or receive reimbursement from another
25employer for any payments made as a result of that liability. An employee leasing

1company is not liable under s. 102.03 for any compensation payable under this
2chapter to an employee of a client who is not a leased employee.
SB456,47 3Section 47. 102.42 (2) (a) of the statutes is renumbered 102.42 (2) (a) 1. and
4amended to read:
SB456,35,135 102.42 (2) (a) 1. When the employer has notice of an injury and its relationship
6to an employee who is covered under a health benefit plan, as defined in s. 609.01
7(1g), provided by the employer and of the relationship of the injury
to the
8employment, the employer shall offer to the injured employee his or her the
9employee's
choice of any physician, chiropractor, psychologist, dentist, physician
10assistant, advanced practice nurse prescriber, or podiatrist licensed to practice and
11practicing in this or any other state for treatment of the injury. By mutual
12agreement, the employee may have the choice of any qualified practitioner not
13licensed in this state
as provided under the health care plan.
SB456,35,20 143. In case of emergency, the employer may arrange for treatment without
15tendering a choice. After the emergency has passed the an employee who is covered
16under a health benefit plan provided by the employer
shall be given his or her choice
17of attending practitioner as provided under the health benefit plan at the earliest
18opportunity. The employee has the right to a 2nd choice of attending practitioner on
19notice to the employer or its insurance carrier. Any further choice shall be by mutual
20agreement. Partners
SB456,35,23 214. In this paragraph, partners and clinics are considered to be one practitioner.
22Treatment
, and treatment by a practitioner on referral from another practitioner is
23considered to be treatment by one practitioner.
SB456,48 24Section 48. 102.42 (2) (a) 2. of the statutes is created to read:
SB456,36,8
1102.42 (2) (a) 2. When the employer has notice of an injury to an employee who
2is not covered under a health benefit plan provided by the employer and of the
3relationship of the injury to the employment, the employer shall offer to the injured
4employee the employer's choice of any practitioner specified in subd. 1. for treatment
5of the injury in accordance with the employee's treatment plan. This subdivision
6permits an employer to choose a particular practitioner for treatment of an injury,
7but does not permit an employer to choose the type of treatment to be provided or the
8type of practitioner to provide that treatment.
SB456,49 9Section 49. 102.42 (3) of the statutes is amended to read:
SB456,36,1510 102.42 (3) Practitioner choice unrestricted. If the employer fails to tender
11treatment as provided in sub. (1) or choice of an attending practitioner as provided
12in sub. (2), the employee's right to choose the attending practitioner is not restricted

13subs. (1) and (2), the employee may choose an attending practitioner without
14restriction
and the employer is liable for the reasonable and necessary expense
15thereof of any treatment provided by that attending practitioner.
SB456,50 16Section 50. 102.425 (3) (am) of the statutes is created to read:
SB456,37,417 102.425 (3) (am) 1. Subject to subds. 2. and 3., if a prescription drug dispensed
18under sub. (2) (a) for outpatient use by an injured employee is a repackaged
19prescription drug, the liability of an employer or insurer for the cost of the
20repackaged prescription drug is limited to the average wholesale price, as
21determined under par. (a) 1., of the prescription drug set by the original
22manufacturer of the prescription drug, plus any dispensing fee that may be payable
23under par. (a) 2. and any taxes that may be applicable under par. (a) 3., except that
24if the national drug code number of the prescription drug as packaged by the original
25manufacturer of the prescription drug cannot be determined from the billing

1statement under par. (c), that liability is limited to the average wholesale price, as
2determined under par. (a) 1., of the lowest-priced drug product equivalent, plus any
3dispensing fee under par. (a) 2. and any taxes under par. (a) 3. that would be payable
4for the drug product equivalent.
SB456,37,65 2. An employer or insurer is not liable for the cost of a repackaged prescription
6drug dispensed from a retail, mail-order, or institutional pharmacy.
SB456,37,87 3. Subdivisions 1. and 2. do not apply to a repackaged prescription drug
8dispensed from a retail, mail-order, or institutional pharmacy.
SB456,51 9Section 51. 102.425 (3) (b) of the statutes is amended to read:
SB456,37,1310 102.425 (3) (b) In addition to the liability under par. (a) or (am), whichever is
11applicable
, an employer or insurer is also liable for reimbursement to an injured
12employee for all out-of-pocket expenses incurred by the injured employee in
13obtaining the prescription drug dispensed.
SB456,52 14Section 52. 102.425 (4) (a) of the statutes is amended to read:
SB456,37,1915 102.425 (4) (a) Except as provided in par. (b), a pharmacist or practitioner who
16dispenses a prescription drug under sub. (2) to an injured employee may not collect,
17or bring an action to collect, from the injured employee any charge that is in excess
18of the liability of the injured employee under sub. (2) (c) 2. or the liability of the
19employer or insurer under sub. (3) (a) or (am), whichever is applicable.
SB456,53 20Section 53. 102.425 (4) (b) of the statutes is amended to read:
SB456,38,721 102.425 (4) (b) If an employer or insurer denies or disputes liability for the cost
22of a drug prescribed to an injured employee under sub. (2), the pharmacist or
23practitioner who dispensed the drug may collect, or bring an action to collect, from
24the injured employee the cost of the prescription drug dispensed, subject to the
25limitations specified in sub. (3) (a) or (am), whichever is applicable. If an employer

1or insurer concedes liability for the cost of a drug prescribed to an injured employee
2under sub. (2), but disputes the reasonableness of the amount charged for the
3prescription drug, the employer or insurer shall provide notice under sub. (4m) (b)
4to the pharmacist or practitioner that the reasonableness of the amount charged is
5in dispute and the pharmacist or practitioner who dispensed the drug may not
6collect, or bring an action to collect, from the injured employee the cost of the
7prescription drug dispensed after receiving that notice.
SB456,54 8Section 54. 102.425 (4m) (b) of the statutes, as affected by 2015 Wisconsin Act
955
, is amended to read:
SB456,38,1910 102.425 (4m) (b) An employer or insurer that disputes the reasonableness of
11the amount charged for a prescription drug dispensed under sub. (2) for outpatient
12use by an injured employee or the department or division under sub. (4) (b) or s.
13102.16 (1m) (c) or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a
14completed bill for the prescription drug, reasonable written notice to the pharmacist
15or practitioner that the charge is being disputed. After receiving reasonable written
16notice under this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1)
17(bg) 1. 3. that a prescription drug charge is being disputed, a pharmacist or
18practitioner may not collect the disputed charge from, or bring an action for collection
19of the disputed charge against, the employee who received the prescription drug.
SB456,55 20Section 55. 102.43 (5) (c) of the statutes is amended to read:
SB456,39,721 102.43 (5) (c) Compensation for temporary disability on account of receiving
22instruction under s. 102.61 (1) or (1m) shall not be reduced under sub. (2) on account
23of any wages earned for the first 24 hours worked by an employee during a week in
24which the employee is receiving that instruction. If an employee performs more than
2524 hours of work during a week in which the employee is receiving that instruction,

1all wages earned for hours worked in excess of 24 during that week shall be offset
2against the employee's average weekly wage in calculating compensation for
3temporary disability under sub. (2). An employee who is receiving compensation for
4temporary disability on account of receiving instruction under s. 102.61 (1) or (1m)
5shall report any wages earned during the period in which the employee is receiving
6that instruction to the insurance carrier or self-insured employer paying that
7compensation. This paragraph does not apply after April 30, 2014 2018.
SB456,56 8Section 56. 102.43 (7) (c) 1. of the statutes is amended to read:
SB456,39,129 102.43 (7) (c) 1. If the employee was entitled to maximum weekly benefits at
10the time of injury, payment for the renewed period of temporary disability or the
11rehabilitative training shall be at the maximum rate in effect at the commencement
12of the new period
time of injury.
SB456,57 13Section 57. 102.43 (7) (c) 2. of the statutes is amended to read:
SB456,39,1914 102.43 (7) (c) 2. If the employee was entitled to less than the maximum rate,
15the employee shall receive the same proportion of the maximum which is in effect at
16the time of the commencement of
weekly benefit at the time of injury, payment for
17the renewed period of temporary disability or the rehabilitative training shall be at
18the same rate
as the employee's actual rate at the time of injury bore to the maximum
19rate in effect at that time
.
SB456,58 20Section 58. 102.43 (9) (e) of the statutes is created to read:
SB456,39,2421 102.43 (9) (e) The employee's employment with the employer has been
22suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial
23fault, as defined in s. 108.04 (5g) (a), by the employee connected with the employee's
24work.
SB456,59
1Section 59. 102.44 (1) (ag) of the statutes, as affected by 2015 Wisconsin Act
255
, section 2943, is amended to read:
SB456,40,123 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every
4employee who is receiving compensation under this chapter for permanent total
5disability or continuous temporary total disability more than 24 months after the
6date of injury resulting from an injury that occurred prior to January 1, 2001 2003,
7shall receive supplemental benefits that shall be payable by the employer or, subject
8to par. (c), by the employer's insurance carrier, or in the case of benefits payable to
9an employee under s. 102.66, shall be paid by the department out of the fund created
10under s. 102.65. Those supplemental benefits shall be paid only for weeks of
11disability occurring after January 1, 2003 2005, and shall continue during the period
12of such total disability subsequent to that date.
SB456,60 13Section 60. 102.44 (1) (am) of the statutes is amended to read:
SB456,40,1814 102.44 (1) (am) If the employee is receiving the maximum weekly benefits in
15effect at the time of the injury, the supplemental benefit for a week of disability
16occurring after May 1, 2010 the effective date of this paragraph .... [LRB inserts
17date]
, shall be an amount that, when added to the regular benefit established for the
18case, shall equal $582 $615.
SB456,61 19Section 61. 102.44 (1) (b) of the statutes is amended to read:
SB456,40,2520 102.44 (1) (b) If the employee is receiving a weekly benefit that is less than the
21maximum benefit that was in effect on the date of the injury, the supplemental
22benefit for a week of disability occurring after May 1, 2010 the effective date of this
23paragraph .... [LRB inserts date]
, shall be an amount sufficient to bring the total
24weekly benefits to the same proportion of $582 $615 as the employee's weekly benefit
25bears to the maximum in effect on the date of injury.
SB456,62
1Section 62. 102.44 (3) of the statutes is amended to read:
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