SB474: Bill Text

SB474,38,8 102.66 (2) In the case of occupational disease, a traumatic injury resulting in the loss or total impairment of a hand or any part of the rest of the arm proximal to the hand or of a foot or any part of the rest of the leg proximal to the foot, any loss of vision, any permanent brain injury, or any injury causing the need for a total or partial knee or hip replacement, appropriate benefits may be awarded from the work injury supplemental benefit fund when the status or existence of the employer or its insurance carrier cannot be determined or when there is otherwise no adequate remedy, subject to the limitations contained in sub. (1).

SB474, s. 64 Section 64. 102.75 (1m) of the statutes is created to read:

SB474,38,14 102.75 (1m) The moneys collected under sub. (1) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and (rp) and may not be used for any other purpose of the state.

SB474, s. 65 Section 65. 102.75 (2) of the statutes is amended to read:

SB474,38,24 102.75 (2) The department shall require that payments for costs and expenses for each fiscal year shall be made on such dates as the department prescribes by each licensed worker's compensation insurance carrier and employer exempted under s. 102.28 (2). Each such payment shall be a sum equal to a proportionate share of the annual costs and expenses assessed upon each carrier and employer as estimated by the department. Interest shall accrue on amounts not paid within 90 days after the date prescribed by the department under this subsection at the rate of 1 percent per month. All interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

SB474, s. 66 Section 66. 102.75 (4) of the statutes is amended to read:

SB474,39,5 102.75 (4) From the appropriation under s. 20.445 (1) (ha) (ra), the department shall allocate the amounts that it collects in application fees from employers applying for exemption under s. 102.28 (2) and the annual amount that it collects from employers that have been exempted under s. 102.28 (2) to fund the activities of the department under s. 102.28 (2) (b) and (c).

SB474, s. 67 Section 67. 102.80 (1m) of the statutes is created to read:

SB474,39,10 102.80 (1m) The moneys collected or received under sub. (1), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the uninsured employers fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (sm) and may not be used for any other purpose of the state.

SB474, s. 68 Section 68. 102.81 (1) (a) of the statutes is amended to read:

SB474,39,18 102.81 (1) (a) If an employee of an uninsured employer, other than an employee who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for which the uninsured employer is liable under s. 102.03, the department or the department's reinsurer shall pay to or on behalf of the injured employee or to the employee's dependents an amount equal to the compensation owed them by the uninsured employer under this chapter except penalties and interest due under ss. 102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60 (6).

SB474, s. 69 Section 69. 102.81 (2) of the statutes is amended to read:

SB474,40,6 102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 20.930 and subch. IV of ch. 16 do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (hp) (rp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).

SB474, s. 70 Section 70. 102.87 (4) of the statutes is amended to read:

SB474,40,14 102.87 (4) A defendant may make a stipulation of no contest by submitting a deposit and a stipulation in the manner provided by sub. (3) before the court appearance date. The signed stipulation is a plea of no contest and submission to a forfeiture, plus the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable uninsured employers assessment and costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit.

SB474, s. 71 Section 71. 103.78 (4) of the statutes is amended to read:

SB474,40,19 103.78 (4) Treble the amount of compensation otherwise recoverable as provided in s. 102.60 (4) and wage Wage loss as provided in s. 102.60 (6) are is payable to a minor injured during the course of the minor's employment or appearance in violation of this section.

SB474, s. 72 Section 72. 814.75 (24m) of the statutes is created to read:

SB474,40,22 814.75 (24m) The work injury supplemental benefit fund surcharge under s. 102.35 (1).

SB474, s. 73 Section 73 . Nonstatutory provisions.

SB474,41,5 (1) Permanent partial disability maximum compensation rate. Notwithstanding section 102.03 (4) of the statutes, the average weekly earnings for permanent partial disability for injuries occurring on or after January 1, 2006, and before the effective date of this subsection .... [revisor inserts date], shall be not more than $363, resulting in a maximum compensation rate of $242. If the treatment of section 102.11 (1) (intro.) of the statutes takes effect on January 1, 2006, this subsection does not apply.

SB474, s. 74 Section 74. Initial applicability.

SB474,41,9 (1) Reports considered substantial evidence. The treatment of section 102.17 (1) (d) 4. and (h) of the statutes first applies to a disputed claim in which a final hearing is held on the effective date of this subsection.

SB474,41,12 (2) Traumatic injuries. The treatment of sections 102.17 (4) and 102.66 (1) and (2) of the statutes first applies to benefits or treatment expenses that are payable on the effective date of this subsection, regardless of the date of injury.

SB474,41,15 (3) Malice or bad faith. The treatment of section 102.18 (1) (bp) of the statutes first applies to events or occurrences of malice or bad faith that take place of the effective date of this subsection.

SB474,41,18 (4) Compensation pending judicial review. The treatment of section 102.23 (5) of the statutes first applies to actions for judicial review that are commenced under section 102.23 (1) of the statutes on the effective date of this subsection.

SB474,41,19 (5) Professional employer organizations and employee leasing organization.

SB474,41,22 (a) The treatment of section 102.31 (2m) (a) of the statutes first applies to an employee leasing agreement whose effective date is 10 working days before the effective date of this paragraph.

SB474,41,25 (b) The treatment of section 102.31 (2m) (b) and (c) of the statutes first applies to an employee leasing agreement whose termination date is 30 days after the effective date of this paragraph.

SB474,42,3 (6) Permanent disability payments. The treatment of section 102.32 (6) (b) of the statutes first applies to compensation for permanent disability that becomes due on the effective date of this subsection.

SB474,42,6 (7) Work injury supplemental benefits fund surcharges and assessments. The treatment of sections 102.35 (1) and 102.75 (2) of the statutes first applies to surcharges and assessments imposed on the effective date of this subsection.

SB474,42,9 (8) Travel for treatment or rehabilitation. The treatment of sections 102.42 (2) (b) and 102.61 (1) and (1m) (c) of the statutes first applies to travel to obtain treatment or rehabilitation that takes place on the effective date of this subsection.

SB474,42,12 (9) Prescription drug treatment. The treatment of section 102.425 of the statutes first applies to a drug, as defined in section 102.425 (1) (b) of the statutes, as created by this act, that is prescribed on the effective date of this subsection.

SB474, s. 75 Section 75. Effective dates. This act takes effect on January 1, 2006, or on the day after publication, whichever is later, except as follows:

SB474,42,17 (1) Supplemental benefits. The treatment of section 102.44 (1) (intro.) (by Section 38) of the statutes and the repeal and recreation of section 102.44 (1) (a) and (b) of the statutes take effect on January 1, 2007.

SB474,42,19 (2) Permanent partial disability maximum compensation rate. Section 73 (1 ) of this act takes effect retroactively to January 1, 2006.

SB474,42,20 (End)