SB21-SSA1,2879d
8Section 2879d. 102.30 (7) (a) of the statutes is amended to read:
SB21-SSA1,881,149
102.30
(7) (a) The department
or the division may order direct reimbursement
10out of the proceeds payable under this chapter for payments made under a
11nonindustrial insurance policy covering the same disability and expenses
12compensable under s. 102.42 when the claimant consents or when it is established
13that the payments under the nonindustrial insurance policy were improper. No
14attorney fee is due with respect to that reimbursement.
SB21-SSA1,2905d
15Section 2905d. 102.32 (1m) (intro.) of the statutes is amended to read:
SB21-SSA1,881,2016
102.32
(1m) (intro.) In any case in which compensation payments for an injury
17have extended or will extend over 6 months or more after the date of the injury or in
18any case in which death benefits are payable, any party in interest may, in the
19discretion of the department
or the division, be discharged from, or compelled to
20guarantee, future compensation payments by doing any of the following:
SB21-SSA1,2906d
21Section 2906d. 102.32 (1m) (a) of the statutes is amended to read:
SB21-SSA1,881,2522
102.32
(1m) (a) Depositing the present value of the total unpaid compensation
23upon a 5 percent interest discount basis with a credit union, savings bank, savings
24and loan association, bank, or trust company designated by the department
or the
25division.
SB21-SSA1,2907d
1Section 2907d. 102.32 (1m) (c) of the statutes is amended to read:
SB21-SSA1,882,32
102.32
(1m) (c) Making payment in gross upon a 5 percent interest discount
3basis to be approved by the department
or the division.
SB21-SSA1,2908d
4Section 2908d. 102.32 (1m) (d) of the statutes is amended to read:
SB21-SSA1,882,185
102.32
(1m) (d) In cases in which the time for making payments or the amounts
6of payments cannot be definitely determined, furnishing a bond, or other security,
7satisfactory to the department
or the division for the payment of compensation as
8may be due or become due. The acceptance of the bond, or other security, and the form
9and sufficiency of the bond or other security, shall be subject to the approval of the
10department
or the division. If the employer or insurer is unable or fails to
11immediately procure the bond,
then, the employer or insurer, in lieu of procuring the
12bond,
shall deposit
shall be made with a credit union, savings bank, savings and loan
13association, bank, or trust company designated by the department
, of or the division 14the maximum amount that may reasonably become payable in
these those cases, to
15be determined by the department
or the division at amounts consistent with the
16extent of the injuries and the law. The bonds and deposits
are to may be reduced only
17to satisfy claims and
may be withdrawn only after the claims which they are to
18guarantee are fully satisfied or liquidated under par. (a), (b), or (c).
SB21-SSA1,2909d
19Section 2909d. 102.32 (5) of the statutes is amended to read:
SB21-SSA1,883,220
102.32
(5) Any insured employer may,
within in the discretion of the
21department
or the division, compel the insurer to discharge, or to guarantee payment
22of, the employer's liabilities in any case described in sub. (1m) and
thereby by that
23discharge or guarantee release the employer from
compensation liability
for
24compensation in that case,
but except that if for any reason a bond furnished or
25deposit made under sub. (1m) (d) does not fully protect
the beneficiary of the bond
1or deposit, the compensation insurer or insured employer, as the case may be, shall
2still be liable to
the that beneficiary
of the bond or deposit.
SB21-SSA1,2913d
3Section 2913d. 102.32 (6m) of the statutes is amended to read:
SB21-SSA1,883,114
102.32
(6m) The department
or the division may direct an advance on a
5payment of unaccrued compensation for permanent disability or death benefits if the
6department
or the division determines that the advance payment is in the best
7interest of the injured employee or the employee's dependents. In directing the
8advance, the department
or the division shall give the employer or the employer's
9insurer an interest credit against its liability. The credit shall be computed at 5
10percent. An injured employee or dependent may receive no more than 3 advance
11payments per calendar year.
SB21-SSA1,2914
12Section
2914. 102.32 (7) of the statutes is amended to read:
SB21-SSA1,883,1613
102.32
(7) No lump sum settlement shall be allowed in any case of permanent
14total disability upon an estimated life expectancy, except upon consent of all parties,
15after hearing and finding by the
department division that the interests of the injured
16employee will be conserved
thereby by the lump sum settlement.
SB21-SSA1,2915
17Section
2915. 102.33 (title) of the statutes is amended to read:
SB21-SSA1,883,18
18102.33 (title)
Department forms Forms and records; public access.
SB21-SSA1,2916d
19Section 2916d. 102.33 (1) of the statutes is amended to read:
SB21-SSA1,883,2420
102.33
(1) The department
and the division shall print and furnish free to any
21employer or employee any blank forms that
the department considers are necessary
22to facilitate efficient administration of this chapter. The department
and the division 23shall keep any record books or records that
the department considers are necessary
24for the proper and efficient administration of this chapter.
SB21-SSA1,2917d
25Section 2917d. 102.33 (2) (a) of the statutes is amended to read:
SB21-SSA1,884,4
1102.33
(2) (a) Except as provided in pars. (b) and (c), the records of the
2department,
and the records of the division, and the commission, related to the
3administration of this chapter are subject to inspection and copying under s. 19.35
4(1).
SB21-SSA1,2918d
5Section 2918d. 102.33 (2) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,884,186
102.33
(2) (b) (intro.) Except as provided in this paragraph and par. (d), a record
7maintained by the department
or by, the division, or the commission that reveals the
8identity of an employee who claims worker's compensation benefits, the nature of the
9employee's claimed injury, the employee's past or present medical condition, the
10extent of the employee's disability, or the amount, type, or duration of benefits paid
11to the employee and a record maintained by the department that reveals any
12financial information provided to the department by a self-insured employer or by
13an applicant for exemption under s. 102.28 (2) (b) are confidential and not open to
14public inspection or copying under s. 19.35 (1). The department
or, the division, or
15the commission may deny a request made under s. 19.35 (1) or, subject to s. 102.17
16(2m) and (2s), refuse to honor a subpoena issued by an attorney of record in a civil
17or criminal action or special proceeding to inspect and copy a record that is
18confidential under this paragraph, unless one of the following applies:
SB21-SSA1,2919d
19Section 2919d. 102.33 (2) (b) 1. of the statutes is amended to read:
SB21-SSA1,884,2420
102.33
(2) (b) 1. The requester is the employee who is the subject of the record
21or an attorney or authorized agent of that employee. An attorney or authorized agent
22of an employee who is the subject of a record shall provide a written authorization
23for inspection and copying from the employee if requested by the department
or, the
24division, or the commission.
SB21-SSA1,2920d
25Section 2920d. 102.33 (2) (b) 2. of the statutes is amended to read:
SB21-SSA1,885,12
1102.33
(2) (b) 2. The record that is requested contains confidential information
2concerning a worker's compensation claim and the requester is an insurance carrier
3or employer that is a party to any worker's compensation claim involving the same
4employee or an attorney or authorized agent of that insurance carrier or employer,
5except that the department
or, the division, or the commission is not required to do
6a random search of its records and may require the requester to provide the
7approximate date of the injury and any other relevant information that would assist
8the department
or, the division, or the commission in finding the record requested.
9An attorney or authorized agent of an insurance carrier or employer that is a party
10to an employee's worker's compensation claim shall provide a written authorization
11for inspection and copying from the insurance carrier or employer if requested by the
12department
or, the division, or the commission.
SB21-SSA1,2922d
13Section 2922d. 102.33 (2) (b) 4. of the statutes is amended to read:
SB21-SSA1,885,1514
102.33
(2) (b) 4. A court of competent jurisdiction in this state orders the
15department
or, the division, or the commission to release the record.
SB21-SSA1,2923d
16Section 2923d. 102.33 (2) (c) of the statutes is amended to read:
SB21-SSA1,885,2217
102.33
(2) (c) A record maintained by the department
, the division, or the
18commission that contains employer or insurer information obtained from the
19Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is
20confidential and not open to public inspection or copying under s. 19.35 (1) unless the
21Wisconsin compensation rating bureau authorizes public inspection or copying of
22that information.
SB21-SSA1,2924d
23Section 2924d. 102.33 (2) (d) 2. of the statutes is amended to read:
SB21-SSA1,886,1424
102.33
(2) (d) 2. The department
or
, the division, or the commission may release
25information that is confidential under par. (b) to a government unit, an institution
1of higher education, or a nonprofit research organization for purposes of research and
2may release information that is confidential under par. (c) to those persons for that
3purpose if the Wisconsin compensation rating bureau authorizes that release. A
4government unit, institution of higher education, or nonprofit research organization
5may not permit inspection or disclosure of any information released to it under this
6subdivision that is confidential under par. (b) unless the department
or, the division,
7or the commission authorizes that inspection or disclosure and may not permit
8inspection or disclosure of any information released to it under this subdivision that
9is confidential under par. (c) unless the department
or
, the division, or the 10commission, and the Wisconsin compensation rating bureau, authorize the
11inspection or disclosure. A government unit, institution of higher education, or
12nonprofit research organization that obtains any confidential information under this
13subdivision for purposes of research shall provide the results of that research free of
14charge to the person that released or authorized the release of that information.
SB21-SSA1,2927d
15Section 2927d. 102.35 (3) of the statutes is amended to read:
SB21-SSA1,886,2516
102.35
(3) Any employer who without reasonable cause refuses to rehire an
17employee who is injured in the course of employment,
where when suitable
18employment is available within the employee's physical and mental limitations,
19upon order of the department
and in addition to other benefits or the division, has
20exclusive liability to pay to the employee
, in addition to other benefits, the wages lost
21during the period of such refusal, not exceeding one year's wages. In determining
22the availability of suitable employment the continuance in business of the employer
23shall be considered and any written rules promulgated by the employer with respect
24to seniority or the provisions of any collective bargaining agreement with respect to
25seniority shall govern.
SB21-SSA1,2932d
1Section 2932d. 102.42 (1m) of the statutes is amended to read:
SB21-SSA1,887,112
102.42
(1m) Liability for unnecessary treatment. If an employee who has
3sustained a compensable injury undertakes in good faith invasive treatment that is
4generally medically acceptable, but that is unnecessary, the employer shall pay
5disability indemnity for all disability incurred as a result of that treatment. An
6employer is not liable for disability indemnity for any disability incurred as a result
7of any unnecessary treatment undertaken in good faith that is noninvasive or not
8medically acceptable. This subsection applies to all findings that an employee has
9sustained a compensable injury, whether the finding results from a hearing, the
10default of a party, or a compromise or stipulation confirmed by the department
or the
11division.
SB21-SSA1,2933d
12Section 2933d. 102.42 (6) of the statutes is amended to read:
SB21-SSA1,887,2413
102.42
(6) Treatment rejected by employee. Unless the employee
shall have 14has elected Christian Science treatment in lieu of medical, surgical, dental
, or
15hospital treatment, no compensation shall be payable for the death or disability of
16an employee, if the death
be is caused, or insofar as the disability may be aggravated,
17caused
, or continued by an unreasonable refusal or neglect to submit to or follow any
18competent and reasonable medical, surgical
, or dental treatment or, in the case of
19tuberculosis, by refusal or neglect to submit to or follow hospital or medical
20treatment when found by the department
or the division to be necessary. The right
21to compensation accruing during a period of refusal or neglect to submit to or follow
22hospital or medical treatment when found by the department
or the division to be
23necessary in the case of tuberculosis shall be barred, irrespective of whether
24disability was aggravated, caused
, or continued
thereby by that refusal or neglect.
SB21-SSA1,2934d
25Section 2934d. 102.42 (8) of the statutes is amended to read:
SB21-SSA1,888,9
1102.42
(8) Award to state employee. Whenever
the department or the division
2makes an award
is made by the department in
on behalf of a state employee, the
3department
of workforce development or the division shall file duplicate copies of the
4award with the
subunit of the department of administration
responsible for risk
5management. Upon receipt of the copies of the award, the department of
6administration shall promptly issue a voucher in payment of the award from the
7proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and shall transmit one copy
8of the voucher and the award to the officer, department
, or agency by whom the
9affected employee is employed.
SB21-SSA1,2937d
10Section 2937d. 102.425 (4m) (a) of the statutes is amended to read:
SB21-SSA1,888,1611
102.425
(4m) (a) The department has jurisdiction under this subsection
and,
12the department and the division have jurisdiction under s. 102.16 (1m) (c)
, and
the
13division has jurisdiction under s. 102.17 to resolve a dispute between a pharmacist
14or practitioner and an employer or insurer over the reasonableness of the amount
15charged for a prescription drug dispensed under sub. (2) for outpatient use by an
16injured employee who claims benefits under this chapter.
SB21-SSA1,2938d
17Section 2938d. 102.425 (4m) (b) of the statutes is amended to read:
SB21-SSA1,889,218
102.425
(4m) (b) An employer or insurer that disputes the reasonableness of
19the amount charged for a prescription drug dispensed under sub. (2) for outpatient
20use by an injured employee or the department
or division under sub. (4) (b) or s.
21102.16 (1m) (c) or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a
22completed bill for the prescription drug, reasonable written notice to the pharmacist
23or practitioner that the charge is being disputed. After receiving reasonable written
24notice under this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1)
25(bg) 1. that a prescription drug charge is being disputed, a pharmacist or practitioner
1may not collect the disputed charge from, or bring an action for collection of the
2disputed charge against, the employee who received the prescription drug.
SB21-SSA1,2942d
3Section 2942d. 102.43 (5) (b) of the statutes is amended to read:
SB21-SSA1,889,144
102.43
(5) (b) Except as provided in s. 102.61 (1g), temporary disability shall
5also include such period as the employee may be receiving instruction under s. 102.61
6(1) or (1m). Temporary disability on account of receiving instruction under s. 102.61
7(1) or (1m), and not otherwise resulting from the injury, shall not be in excess of 80
8weeks.
Such That 80-week limitation does not apply to temporary disability benefits
9under this section, the cost of tuition, fees, books, travel, or maintenance under s.
10102.61 (1), or the cost of private rehabilitation counseling or rehabilitative training
11under s. 102.61 (1m) if the department
or the division determines that additional
12training is warranted. The necessity for additional training as authorized by the
13department
or the division for any employee shall be subject to periodic review and
14reevaluation.
SB21-SSA1,2943
15Section
2943. 102.44 (1) (ag) of the statutes is amended to read:
SB21-SSA1,889,2516
102.44
(1) (ag) Notwithstanding any other provision of this chapter, every
17employee who is receiving compensation under this chapter for permanent total
18disability or continuous temporary total disability more than 24 months after the
19date of injury resulting from an injury that occurred prior to January 1, 2001, shall
20receive supplemental benefits that shall be payable
in the first instance by the
21employer or
, subject to par. (c), the employer's insurance carrier, or in the case of
22benefits payable to an employee under s. 102.66, shall be paid by the department out
23of the fund created under s. 102.65. Those supplemental benefits shall be paid only
24for weeks of disability occurring after January 1, 2003, and shall continue during the
25period of such total disability subsequent to that date.
SB21-SSA1,2944d
1Section 2944d. 102.44 (1) (ag) of the statutes, as affected by 2015 Wisconsin
2Act .... (this act), is amended to read:
SB21-SSA1,890,123
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, shall
7receive supplemental benefits that shall be payable by the employer or
, subject to par.
8(c), the employer's insurance carrier, or in the case of benefits payable to an employee
9under s. 102.66, shall be paid by the department out of the fund created under s.
10102.65. Those supplemental benefits shall be paid only for weeks of disability
11occurring after January 1, 2003, and shall continue during the period of such total
12disability subsequent to that date.
SB21-SSA1,2945
13Section
2945. 102.44 (1) (c) of the statutes is renumbered 102.44 (1) (c) 1. and
14amended to read:
SB21-SSA1,890,2315
102.44
(1) (c) 1.
Subject to any certificate filed under s. 102.65 (4), an employer
16or An insurance carrier paying the supplemental benefits required under this
17subsection shall be entitled to reimbursement for each such case from the
fund
18established by s. 102.65 worker's compensation operations fund, commencing one
19year after the date of the first payment of those benefits and annually thereafter
20while those payments continue. To receive reimbursement under this paragraph, an
21employer or insurance carrier must file a claim for that reimbursement with the
22department by no later than 12 months after the end of the year in which the
23supplemental benefits were paid and the claim must be approved by the department.
SB21-SSA1,2947
24Section
2947. 102.44 (1) (c) 2. of the statutes is created to read:
SB21-SSA1,891,9
1102.44
(1) (c) 2. After the expiration of the deadline for filing a claim under
2subd. 1., the department shall determine the total amount of all claims filed by that
3deadline and shall use that total to determine the amount to be collected under s.
4102.75 (1g) from each licensed worker's compensation insurance carrier, deposited
5in the worker's compensation operations fund, and used to provide reimbursement
6to insurance carriers paying supplemental benefits under this subsection. Subject
7to subd. 3., the department shall pay a claim for reimbursement approved by the
8department by no later than 16 months after the end of the year in which the claim
9was received by the department.
SB21-SSA1,2949
10Section
2949. 102.44 (1) (c) 3. of the statutes is created to read:
SB21-SSA1,891,2011
102.44
(1) (c) 3. The maximum amount that the department may pay under
12subd. 2. in a calendar year is $5,000,000. If the amount determined payable under
13subd. 2. in a calendar year is $5,000,000 or less, the department shall pay that
14amount. If the amount determined payable under subd. 2. in a calendar year exceeds
15$5,000,000, the department shall pay $5,000,000 in the year in which the
16determination is made and, subject to the maximum amount payable of $5,000,000
17per calendar year, shall pay the excess in the next calendar year or in subsequent
18calendar years until that excess is paid in full. The department shall pay claims for
19reimbursement under subd. 2. in the chronological order in which those claims are
20received.
SB21-SSA1,2951
21Section
2951. 102.44 (1) (c) 4. of the statutes is created to read:
SB21-SSA1,891,2322
102.44
(1) (c) 4. This paragraph does not apply to supplemental benefits paid
23for an injury that occurs on or after January 1, 2016.
SB21-SSA1,2952
24Section
2952. 102.44 (2) of the statutes is amended to read:
SB21-SSA1,892,6
1102.44
(2) In case of permanent total disability
, aggregate indemnity shall be
2weekly indemnity for the period that the employee may live. Total impairment for
3industrial use of both eyes,
or the loss of both arms at or near the shoulder,
or the loss 4of both legs at or near the hip, or
the loss of one arm at the shoulder and one leg at
5the hip
, constitutes permanent total disability. This enumeration is not exclusive,
6but in other cases the
department division shall find the facts.
SB21-SSA1,2954
7Section
2954. 102.44 (6) (b) of the statutes is amended to read:
SB21-SSA1,892,138
102.44
(6) (b) If
, during the period set forth in s. 102.17 (4) the employment
9relationship is terminated by the employer at the time of the injury
, or by the
10employee because his or her physical or mental limitations prevent his or her
11continuing in such employment, or if during
such
that period a wage loss of
15% 15
12percent or more occurs
, the
department division may reopen any award and make
13a redetermination taking into account loss of earning capacity.
SB21-SSA1,2957d
14Section 2957d. 102.475 (6) of the statutes is amended to read:
SB21-SSA1,892,1715
102.475
(6) Proof. In administering this section the department
or the division 16may require reasonable proof of birth, marriage, domestic partnership under ch. 770,
17relationship, or dependency.
SB21-SSA1,2958d
18Section 2958d. 102.48 (1) of the statutes is amended to read:
SB21-SSA1,892,2419
102.48
(1) An unestranged surviving parent or parents to whose support the
20deceased has contributed less than $500 in the 52 weeks next preceding the injury
21causing death shall receive a death benefit of $6,500. If the parents are not living
22together, the department
or the division shall divide this sum in such proportion as
23it deems the department or division considers to be just, considering their ages and
24other facts bearing on dependency.
SB21-SSA1,2959d
25Section 2959d. 102.48 (2) of the statutes is amended to read:
SB21-SSA1,893,15
1102.48
(2) In all other cases the death benefit shall be such sum as the
2department
shall determine or the division determines to represent fairly and justly
3the aid to support which the dependent might reasonably have anticipated from the
4deceased employee but for the injury. To establish anticipation of support and
5dependency, it shall not be essential that the deceased employee made any
6contribution to support. The aggregate benefits in
such that case shall not exceed
7twice the average annual earnings of the deceased
; or 4 times the contributions of the
8deceased to the support of
such his or her dependents during the year immediately
9preceding the deceased employee's death, whichever amount is the greater. In no
10event shall the aggregate benefits in
such that case exceed the amount
which that 11would accrue to a person
who is solely and wholly dependent.
Where When there is
12more than one partial dependent the weekly benefit shall be apportioned according
13to their relative dependency. The term "support" as used in ss. 102.42 to 102.63 shall
14include contributions to the capital fund of the dependents
, for their necessary
15comfort.
SB21-SSA1,2960d
16Section 2960d. 102.48 (3) of the statutes is amended to read:
SB21-SSA1,893,2017
102.48
(3) A Except as otherwise provided, a death benefit, other than burial
18expenses,
except as otherwise provided, shall be paid in weekly installments
19corresponding in amount to two-thirds of the weekly earnings of the employee, until
20otherwise ordered by the department
or the division.
SB21-SSA1,2961d
21Section 2961d. 102.49 (3) of the statutes is amended to read:
SB21-SSA1,894,522
102.49
(3) If the employee leaves a spouse or domestic partner under ch. 770
23wholly dependent and also a child by a former marriage, domestic partnership under
24ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same
25in amount as if the child were the child of the surviving spouse or partner, and the
1entire benefit shall be apportioned to the dependents in the amounts that the
2department
or the division determines to be just, considering the ages of the
3dependents and other factors bearing on dependency. The benefit awarded to the
4surviving spouse or partner shall not exceed 4 times the average annual earnings of
5the deceased employee.
SB21-SSA1,2963d
6Section 2963d. 102.49 (6) of the statutes is amended to read:
SB21-SSA1,894,127
102.49
(6) The department
or the division may award the additional benefits
8payable under this section to the surviving parent of the child, to the child's guardian
, 9or to such other person, bank
, or trust company for the child's use as may be found
10best calculated to conserve the
interest interests of the child.
In the case of death of
11a child If the child dies while benefits are still payable
, there shall be paid the
12reasonable expense for burial, not exceeding $1,500.
SB21-SSA1,2964d
13Section 2964d. 102.51 (3) of the statutes is amended to read:
SB21-SSA1,894,1814
102.51
(3) Division among dependents. If there is more than one person wholly
15or partially dependent
on a deceased employee, the death benefit shall be divided
16between
such those dependents in such proportion as the department
shall
17determine or the division determines to be just, considering their ages and other facts
18bearing on
such their dependency.
SB21-SSA1,2965d
19Section 2965d. 102.51 (4) of the statutes is amended to read:
SB21-SSA1,895,720
102.51
(4) Dependency as of the date of death. Questions as to who is a
21dependent and the extent of his or her dependency shall be determined as of the date
22of the death of the employee, and the dependent's right to any death benefit becomes
23fixed at that time, regardless of any subsequent change in conditions. The death
24benefit shall be directly recoverable by and payable to the dependents entitled
25thereto to the death benefit or their legal guardians or trustees. In case of the death
1of a dependent whose right to a death benefit has
thus become fixed, so much of the
2benefit as is
then unpaid is payable to the dependent's personal representatives in
3gross, unless the department
or the division determines that the unpaid benefit shall
4be reassigned
, under sub. (6)
, and paid to any other dependent who is physically or
5mentally incapacitated or a minor.
A posthumous child is for the purpose For
6purposes of this subsection
, a child of the employee who is born after the death of the
7employee is considered to be a dependent as of the date of death.
SB21-SSA1,2966d
8Section 2966d. 102.51 (6) of the statutes is amended to read:
SB21-SSA1,895,159
102.51
(6) Division among dependents. Benefits accruing to a minor dependent
10child may be awarded to either parent in the discretion of the department
or the
11division. Notwithstanding sub. (1), the department
or the division may reassign the
12death benefit
, in accordance with their respective needs for the death benefit as
13between a surviving spouse or a domestic partner under ch. 770 and
any children
14designated specified in sub. (1) and s. 102.49
in accordance with their respective
15needs for the death benefit.
SB21-SSA1,2967d
16Section 2967d. 102.55 (3) of the statutes is amended to read:
SB21-SSA1,895,2517
102.55
(3) For all other injuries to the members of the body or its faculties
18which that are specified in
this the schedule
under s. 102.52 resulting in permanent
19disability, though the member
be is not actually severed or the faculty
is not totally
20lost, compensation shall bear such relation to
that
the compensation named in
this 21the schedule as
disabilities bear
the disability bears to the
disabilities
disability 22named in
this the schedule. Indemnity in
such those cases shall be determined by
23allowing weekly indemnity during the healing period resulting from the injury and
24the percentage of permanent disability resulting
thereafter after the healing period 25as found by the department
or the division.
SB21-SSA1,2968d
1Section 2968d. 102.555 (12) (a) of the statutes is amended to read:
SB21-SSA1,896,62
102.555
(12) (a) An employer
, the department, or the
department division is
3not liable for the expense of any examination or test for hearing loss, any evaluation
4of such an exam or test, any medical treatment for improving or restoring hearing,
5or any hearing aid to relieve the effect of hearing loss unless it is determined that
6compensation for occupational deafness is payable under sub. (3), (4), or (11).
SB21-SSA1,2969d
7Section 2969d. 102.56 (1) of the statutes is amended to read:
SB21-SSA1,896,208
102.56
(1) Subject to sub. (2), if an employee is so permanently disfigured as
9to occasion potential wage loss due to the disfigurement, the department
or the
10division may allow such sum as the department
or the division considers just as
11compensation for the disfigurement, not exceeding the employee's average annual
12earnings. In determining the potential for wage loss due to the disfigurement and
13the sum awarded, the department
or the division shall take into account the age,
14education, training, and previous experience and earnings of the employee, the
15employee's present occupation and earnings, and likelihood of future suitable
16occupational change. Consideration for disfigurement allowance is confined to those
17areas of the body that are exposed in the normal course of employment. The
18department
or the division shall also take into account the appearance of the
19disfigurement, its location, and the likelihood of its exposure in occupations for which
20the employee is suited.
SB21-SSA1,2970d
21Section 2970d. 102.56 (2) of the statutes is amended to read: