AB505, s. 40
19Section
40. 102.44 (1) (b) of the statutes is amended to read:
AB505,26,2420
102.44
(1) (b) If such employee is receiving a weekly benefit which is less than
21the maximum benefit which was in effect on the date of the injury, the supplemental
22benefit
for a week of disability occurring after January 1, 2002, shall be an amount
23sufficient to bring the total weekly benefits to the same proportion of
$150 $202 as
24the employee's weekly benefit bears to the maximum in effect on the date of injury.
AB505, s. 41
25Section
41. 102.57 of the statutes is amended to read:
AB505,27,7
1102.57 Violations of safety provisions, penalty. If injury is caused by the
2failure of the employer to comply with any statute
or any lawful, rule, or order of the
3department, compensation and death benefits provided in this chapter shall be
4increased 15% but the total increase may not exceed $15,000. Failure of an employer
5reasonably to enforce compliance by employees with
that any statute
, rule, or order
6of the department constitutes failure by the employer to comply with that statute
,
7rule, or order.
AB505, s. 42
8Section
42. 102.58 of the statutes is amended to read:
AB505,27,19
9102.58 Decreased compensation. If injury is caused by the failure of the
10employee to use safety devices
which that are provided in accordance with any
11statute
or lawful, rule, or order of the department and
that are adequately
12maintained, and the use of which is reasonably enforced by the employer,
or if injury
13results from the employee's failure to obey any reasonable rule adopted and
14reasonably enforced by the employer for the safety of the employee and of which the
15employee has notice, or if injury results from the intoxication of the employee by
16alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as
17defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m),
18the compensation and death benefit provided in this chapter shall be reduced 15%
19but the total reduction may not exceed $15,000.
AB505, s. 43
20Section
43. 102.59 (1) of the statutes is amended to read:
AB505,28,1021
102.59
(1) If an employee has at the time of injury permanent disability which
22if it had resulted from such injury would have entitled him or her to indemnity for
23200 weeks and, as a result of such injury, incurs further permanent disability which
24entitles him or her to indemnity for 200 weeks, the employee shall be paid from the
25funds provided in this section additional compensation equivalent to the amount
1which would be payable for said previous disability if it had resulted from such injury
2or the amount which is payable for said further disability, whichever is the lesser.
3If said disabilities result in permanent total disability the additional compensation
4shall be in such amount as will complete the payments which would have been due
5had said permanent total disability resulted from such injury. This additional
6compensation accrues from, and may not be paid to any person before, the end of the
7period for which compensation for permanent disability resulting from such injury
8is payable by the employer, and shall be subject to s. 102.32 (6)
, (6m), and (7). No
9compromise agreement of liability for this additional compensation may provide for
10any lump sum payment.
AB505, s. 44
11Section
44. 102.61 (1) of the statutes is amended to read:
AB505,28,1912
102.61
(1) Subject to
sub. subs. (1g) and (1m), an employee who is entitled to
13receive and has received compensation under this chapter, and who is entitled to and
14is receiving instructions under
29 USC 701 to
797b, as administered by the state in
15which the employee resides or in which the employee resided at the time of becoming
16physically disabled, shall, in addition to other indemnity, be paid the actual and
17necessary expenses of travel and, if the employee receives instructions elsewhere
18than at the place of residence, the actual and necessary costs of maintenance, during
19rehabilitation, subject to the conditions and limitations specified in sub. (1r).
AB505, s. 45
20Section
45. 102.61 (1g) of the statutes is created to read:
AB505,29,221
102.61
(1g) (a) In this subsection, "suitable employment" means employment
22that is within an employee's permanent work restrictions, that the employee has the
23necessary physical capacity, knowledge, transferable skills, and ability to perform,
24and that pays not less than 90% of the employee's preinjury average weekly wage,
1except that employment that pays 90% or more of the employee's preinjury average
2weekly wage does not constitute suitable employment if any of the following apply:
AB505,29,83
1. The employee's education, training, or employment experience
4demonstrates that the employee is on a career or vocational path, the employee's
5average weekly wage on the date of injury does not reflect the average weekly wage
6that the employee reasonably could have been expected to earn in the demonstrated
7career or vocational path, and the permanent work restrictions caused by the injury
8impede the employee's ability to pursue the demonstrated career or vocational path.
AB505,29,129
2. The employee was performing part-time employment at the time of the
10injury, the employee's average weekly wage for compensation purposes is calculated
11under s. 102.11 (1) (f) 1. or 2., and that average weekly wage exceeds the employee's
12gross average weekly wage for the part-time employment.
AB505,29,1813
(b) If an employer offers an employee suitable employment as provided in par.
14(c), the employer or the employer's insurance carrier is not liable for temporary
15disability benefits under s. 102.43 (5) or for travel and maintenance expenses under
16sub. (1). Ineligibility for compensation under this paragraph does not preclude an
17employee from receiving vocational rehabilitation services under
29 USC 701 to
797b 18if the department determines that the employee is eligible to receive those services.
AB505,30,1119
(c) On receiving notice that he or she is eligible to receive vocational
20rehabilitation services under
29 USC 701 to
797a, an employee shall provide the
21employer with a written report from a physician, chiropractor, psychologist, or
22podiatrist stating the employee's permanent work restrictions. Within 60 days after
23receiving that report, the employer shall provide to the employee in writing an offer
24of suitable employment, a statement that the employer has no suitable employment
25for the employee, or a report from a physician, chiropractor, psychologist, or
1podiatrist showing that the permanent work restrictions provided by the employee's
2practitioner are in dispute and documentation showing that the difference in work
3restrictions would materially affect either the employer's ability to provide suitable
4employment or a vocational rehabilitation counselor's ability to recommend a
5rehabilitative training program. If the employer and employee cannot resolve the
6dispute within 30 days after the employee receives the employer's report and
7documentation, the employer or employee may request a hearing before the
8department to determine the employee's work restrictions. Within 30 days after the
9department determines the employee's work restrictions, the employer shall provide
10to the employee in writing an offer of suitable employment or a statement that the
11employer has no suitable employment for the employee.
AB505, s. 46
12Section
46. 102.61 (1m) (c) of the statutes is amended to read:
AB505,30,2213
102.61
(1m) (c) The employer or insurance carrier shall pay the reasonable cost
14of any services provided for an employee by a private rehabilitation counselor under
15par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
16and by rule, if the private rehabilitation counselor determines that rehabilitative
17training is necessary, the reasonable cost of the rehabilitative training program
18recommended by that counselor, including tuition, fees, books
, and maintenance and
19travel expenses. Notwithstanding that the department
of workforce development 20may authorize under s. 102.43 (5) a rehabilitative training program that lasts longer
21than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is
22presumed to be reasonable.
AB505, s. 47
23Section
47. 102.61 (1m) (d) of the statutes is amended to read:
AB505,31,624
102.61
(1m) (d) If an employee receives services from a private rehabilitation
25counselor under par. (a) and later receives similar services from the department
of
1health and family services under sub. (1) without the prior approval of the employer
2or insurance carrier, the employer or insurance carrier is not liable for temporary
3disability benefits under s. 102.43 (5) or for travel and maintenance expenses under
4sub. (1) that exceed what the employer or insurance carrier would have been liable
5for under the rehabilitative training program developed by the private rehabilitation
6counselor.
AB505, s. 48
7Section
48. 102.61 (1m) (e) of the statutes is amended to read:
AB505,31,118
102.61
(1m) (e) Nothing in this subsection prevents an employer or insurance
9carrier from providing an employee with the services of a private rehabilitation
10counselor or with rehabilitative training under sub. (3) before the department
of
11health and family services makes its determination under par. (a).
AB505, s. 49
12Section
49. 102.61 (1m) (f) of the statutes is amended to read:
AB505,31,1713
102.61
(1m) (f) The department
of workforce development shall promulgate
14rules establishing procedures and requirements for the private rehabilitation
15counseling and rehabilitative training process under this subsection. Those rules
16shall include rules specifying the procedure and requirements for certification of
17private rehabilitation counselors.
AB505, s. 50
18Section
50. 102.61 (2) of the statutes is amended to read:
AB505,32,219
102.61
(2) The department
of workforce development, the commission
, and the
20courts shall determine the rights and liabilities of the parties under this section in
21like manner and with like effect as
that the department, the commission
, and the
22courts
do determine other issues under
compensation this chapter. A determination
23under this subsection may include a determination based on the evidence regarding
24the cost or scope of the services provided by a private rehabilitation counselor under
1sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program
2developed under sub. (1m) (a).
AB505, s. 51
3Section
51. 102.66 (1) of the statutes is amended to read:
AB505,32,184
102.66
(1) In the event that there is an otherwise meritorious claim for
5occupational disease
, a traumatic injury resulting in the loss or total impairment of
6a hand or any part of the rest of the arm proximal to the hand or of a foot or any part
7of the rest of the leg proximal to the foot, any loss of vision, any permanent brain
8injury, or any injury causing the need for a total or partial knee or hip replacement,
9and the claim is barred solely by the statute of limitations under s. 102.17 (4), the
10department may
, in lieu of worker's compensation benefits
, direct payment from the
11work injury supplemental benefit fund under s. 102.65
of such compensation and
12such medical expenses as would otherwise be due, based on the date of injury
, to or
13on behalf of the injured employee. The benefits shall be supplemental
, to the extent
14of compensation liability
, to any disability or medical benefits payable from any
15group insurance policy
where the whose premium is paid in whole or in part by any
16employer, or under any federal insurance or benefit program providing disability or
17medical benefits. Death benefits payable under any such group policy do not limit
18the benefits payable under this section.
AB505, s. 52
19Section
52. 102.66 (2) of the statutes is amended to read:
AB505,33,220
102.66
(2) In the case of occupational disease
, a traumatic injury resulting in
21the loss or total impairment of a hand or any part of the rest of the arm proximal to
22the hand or of a foot or any part of the rest of the leg proximal to the foot, any loss
23of vision, any permanent brain injury, or any injury causing the need for a total or
24partial knee or hip replacement, appropriate benefits may be awarded from the work
25injury supplemental benefit fund
where when the status or existence of the employer
1or its insurance carrier cannot be determined or
where when there is otherwise no
2adequate remedy, subject to the limitations contained in sub. (1).
AB505, s. 53
3Section
53. 626.32 (1) (a) of the statutes is amended to read:
AB505,33,124
626.32
(1) (a)
General. Every insurer writing any insurance specified under
5s. 626.03 shall report its insurance in this state to the bureau at least annually, on
6forms and under rules prescribed by the bureau. The bureau
must shall file,
7pursuant to under rules
adopted promulgated by the department of workforce
8development, a record of such reports with
the that department. No such
9information may be made public by the bureau or any of its employees except as
10required by law and in accordance with its rules.
No such information may be made
11public by the department of workforce development or any of its employees except
12as authorized by the bureau.
AB505,33,1614
(1)
Necessity of treatment determinations. The treatment of section 102.16
15(2m) (c) of the statutes first applies to necessity of treatment determinations made
16on the effective date of this subsection.
AB505,33,1917
(2)
Payments of awards. The treatment of section 102.18 (1) (e) of the statutes
18first applies to orders awarding compensation entered on the effective date of this
19subsection.
AB505,33,2220
(3)
Disability as a result of unnecessary treatment. The treatment of section
21102.42 (1m) of the statutes first applies to treatment provided on the effective date
22of this subsection.
AB505,34,223
(4)
Statute of limitations; payments from supplemental work injury benefit
24fund. The treatment of sections 102.17 (4) and 102.66 (1) and (2) of the statutes first
1applies to benefits or treatment expenses that are payable on the effective date of this
2subsection, regardless of the date of the injury.
AB505,34,53
(5)
Permanent disability payments. The treatment of section 102.32 (6) of the
4statutes first applies to compensation that becomes due on the effective date of this
5subsection.
AB505,34,87
(1)
This act takes effect on January 1, 2002, or on the day after publication,
8whichever is later.