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:
SB456,41,92 102.44 (3) For permanent partial disability not covered by ss. 102.52 to 102.56,
3the aggregate number of weeks of indemnity shall bear such relation to 1,000 weeks
4as the nature of the injury bears to one causing permanent total disability and. The
5weekly indemnity for such permanent partial disability
shall be payable at the rate
6of two-thirds of the average weekly earnings of the employee, the earnings to be
7computed as provided in s. 102.11. The weekly indemnity , shall be in addition to
8compensation for the healing period, and shall be for the period that the employee
9may live, not to exceed 1,000 weeks.
SB456,63 10Section 63. 102.44 (4m) of the statutes is created to read:
SB456,41,1711 102.44 (4m) The department shall promulgate rules establishing minimum
12permanent disability ratings for amputation levels, losses of motion, sensory losses,
13and surgical procedures resulting from injuries for which permanent partial
14disability is claimed under sub. (3) or (4). Those rules shall provide that those
15minimum ratings for a surgical procedure performed on an injured employee do not
16apply if it is shown that after the procedure the injured employee suffers from no
17actual impairment as a result of the employee's injury.
SB456,64 18Section 64. 102.44 (5) (intro.) of the statutes is amended to read:
SB456,41,2219 102.44 (5) (intro.) In cases where in which it is determined that periodic
20benefits granted by the federal social security act are paid to the employee because
21of disability or old age, the benefits payable under this chapter shall be reduced as
22follows:
SB456,65 23Section 65. 102.44 (5) (a) of the statutes is amended to read:
SB456,42,724 102.44 (5) (a) For each dollar that the total monthly benefits payable under this
25chapter, excluding attorney fees and costs, plus the monthly benefits payable under

1the social security act for disability or old-age assistance exceed 80% 80 percent of
2the employee's average current earnings as determined by the social security
3administration, the benefits payable under this chapter shall be reduced by the same
4amount so that the total benefits payable shall do not exceed 80% 80 percent of the
5employee's average current earnings. However, no total benefit payable under this
6chapter and under the federal social security act may be reduced to an amount that
7is
less than the benefit payable under this chapter.
SB456,66 8Section 66. 102.44 (5) (c) of the statutes is amended to read:
SB456,42,139 102.44 (5) (c) Failure of the employee, except for excusable neglect, to report
10social security disability or old-age assistance payments within 30 days after written
11request shall allow the employer or insurance carrier to reduce weekly compensation
12benefits payable under this chapter by 75% 75 percent. Compensation benefits
13otherwise payable shall be reimbursed to the employee after reporting.
SB456,67 14Section 67. 102.44 (5) (e) of the statutes is amended to read:
SB456,42,2115 102.44 (5) (e) The reduction prescribed by this section subsection for benefits
16payable under the social security act for disability
shall be allowed only as to
17payments made on or after July 1, 1980, and the reduction prescribed by this
18subsection for benefits payable under the social security act for old-age assistance
19shall be allowed only as to payments made on or after July 1, 2016, and those
20reductions
shall be computed on the basis of payments made for temporary total,
21temporary partial, permanent total, and permanent partial disability.
SB456,68 22Section 68. 102.44 (5) (h) of the statutes is created to read:
SB456,43,223 102.44 (5) (h) No reduction under this subsection shall be made on account of
24periodic benefits paid to an injured employee under the social security act for old-age

1assistance if it is shown that, notwithstanding the receipt of those benefits, the
2injured employee is available for work.
SB456,69 3Section 69. 102.44 (5m) of the statutes is created to read:
SB456,43,104 102.44 (5m) (a) Subject to pars. (b) to (f), an employer or insurer may reduce
5the amount of benefits payable under this chapter to an injured employee, including
6benefits paid in a lump sum under a compromise settlement under s. 102.16 (1), by
7the amount of benefits paid or payable to the injured employee under the worker's
8compensation law of any other state for the same injury, including benefits paid in
9a lump sum under a compromise settlement under the worker's compensation law
10of that state.
SB456,43,2011 (b) An employer or insurer that is liable to an injured employee for benefits
12payable under this chapter may request in writing that the injured employee report
13to the employer or insurer any benefits paid or payable to the injured employee under
14the worker's compensation law of any other state. If for reasons other than excusable
15neglect an employee fails to respond to a request under this paragraph within 30
16days after the date of the request, the employer or insurer may reduce the employee's
17weekly compensation benefits under this chapter by 75 percent until such time as
18the employee reports that information. On receipt of that information, the employer
19or insurer shall reimburse the employee for all compensation benefits otherwise
20payable during the period of the reduction.
SB456,43,2421 (c) An employer or insurer that reduces the amount of benefits payable under
22this chapter as permitted under par. (a) shall report that reduction to the department
23and, on request of the department, shall furnish proof of the basis for that reduction
24that is satisfactory to the department.
SB456,44,6
1(d) An employer or insurer may reduce the amount of benefits payable under
2this chapter as permitted under par. (a) only as to payments under the worker's
3compensation law of another state made on or after the effective date of this
4paragraph .... [LRB inserts date], and shall compute that reduction on the basis of
5payments made for temporary total, temporary partial, permanent total, and
6permanent partial disability.
SB456,44,107 (e) An employer or insurer may not reduce the amount of benefits payable
8under this chapter as otherwise permitted under par. (a) on account of payments
9made under the worker's compensation law of another state to a dependent of the
10employee.
SB456,44,1511 (f) An employer or insurer may not reduce the amount of temporary disability
12benefits payable under this chapter by the amount of temporary disability benefits
13payable under the worker's compensation laws of another state during a period in
14which an injured employee is receiving vocational rehabilitation services under s.
15102.61 (1) or (1m).
SB456,70 16Section 70. 102.58 of the statutes, as affected by 2015 Wisconsin Act 55, is
17amended to read:
SB456,45,5 18102.58 Decreased compensation. If injury is caused by the failure of the
19employee to use safety devices that are provided in accordance with any statute, rule,
20or order of the department of safety and professional services and that are
21adequately maintained, and the use of which is reasonably enforced by the employer,
22if injury results from the employee's failure to obey any reasonable rule adopted and
23reasonably enforced by the employer for the safety of the employee and of which the
24employee has notice, or if injury results from the intoxication of the employee by
25alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as

1defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m),
2or if injury results from any other negligence attributable to the employee, the
3compensation and death benefit provided in this chapter shall be reduced by 15
4percent but the total reduction may not exceed $15,000
in proportion to the amount
5of negligence attributable to the employee
.
SB456,71 6Section 71. 102.75 (1) of the statutes, as affected by 2015 Wisconsin Act 55,
7is amended to read:
SB456,45,238 102.75 (1) The department shall assess upon and collect from each licensed
9worker's compensation insurance carrier and from each employer exempted under
10s. 102.28 (2) by special order or by rule, (b) or (bm) from the duty to carry insurance
11under s. 102.28 (2) (a)
the proportion of total costs and expenses incurred by the
12council on worker's compensation for travel and research and by the department, the
13division, and the commission in the administration of this chapter for the current
14fiscal year, plus any deficiencies in collections and anticipated costs from the
15previous fiscal year, that the total indemnity paid or payable under this chapter by
16each such carrier and exempt employer in worker's compensation cases initially
17closed during the preceding calendar year, other than for increased, double, or treble
18compensation, bore to the total indemnity paid in cases closed the previous calendar
19year under this chapter by all carriers and exempt employers, other than for
20increased, double, or treble compensation. The council on worker's compensation,
21the division, and the commission shall annually certify any costs and expenses for
22worker's compensation activities to the department at such time as the secretary
23requires.
SB456,72 24Section 72. 102.75 (4) of the statutes is amended to read:
SB456,46,5
1102.75 (4) From the appropriation under s. 20.445 (1) (ra), the department
2shall allocate the amounts that it collects in application fees from employers
3applying for exemption under s. 102.28 (2) (b) and the annual amount that it collects
4from employers that have been exempted under s. 102.28 (2) (b) to fund the activities
5of the department under s. 102.28 (2) (b) and (c) with respect to those employers.
SB456,73 6Section 73. 102.81 (1) (a) of the statutes is amended to read:
SB456,46,137 102.81 (1) (a) If an employee of an uninsured employer, other than an employee
8who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for
9which the uninsured employer is liable under s. 102.03, the department or the
10department's reinsurer shall pay to or on behalf of the injured employee or to the
11employee's dependents an amount equal to the compensation owed them by the
12uninsured employer under this chapter except penalties and interest due under ss.
13102.16 (3), 102.18 (1) (b) 3. and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60.
SB456,74 14Section 74. 108.10 (4) of the statutes is amended to read:
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