SB21,1103,166 102.17 (1) (a) 2. Subject to subd. 3., the department division shall cause notice
7of hearing on the application to be given to each interested party , by service of that
8notice on the interested party personally, by electronically delivering a copy of that
9notice to the interested party,
or by mailing a copy of that notice to the interested
10party's last-known address at least 10 days before the hearing. If a party in interest
11is located without this state, and has no post-office address within this state, the
12copy of the application and copies of all notices shall be filed with the department
13of financial institutions
and professional standards and shall also be sent by
14registered or certified mail to the last-known post-office address of the party. Such
15filing and mailing shall constitute sufficient service, with the same effect as if served
16upon a party located within this state.
SB21,2796 17Section 2796. 102.17 (1) (a) 3. of the statutes is amended to read:
SB21,1103,2218 102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has
19acted with malice or bad faith, as described in s. 102.18 (1) (b) or (bp), that party shall
20provide written notice stating with reasonable specificity the basis for the claim to
21the employer, the insurer, the office, and the department division before the
22department division schedules a hearing on the claim of malice or bad faith.
SB21,2797 23Section 2797. 102.17 (1) (a) 4. of the statutes is amended to read:
SB21,1104,724 102.17 (1) (a) 4. The hearing may be adjourned in the discretion of the
25department division, and hearings may be held at such places as the department

1division designates, within or without the state. The department division may also
2arrange to have hearings held by the commission, officer, or tribunal having
3authority to hear cases arising under the worker's compensation law of any other
4state, of the District of Columbia, or of any territory of the United States, with the
5testimony and proceedings at any such hearing to be reported to the department
6division and to be made part of the record in the case. Any evidence so taken shall
7be subject to rebuttal upon final hearing before the department division.
SB21,2798 8Section 2798. 102.17 (1) (b) of the statutes is amended to read:
SB21,1104,229 102.17 (1) (b) In any dispute or controversy pending before the department
10division, the department division may direct the parties to appear before an
11examiner for a conference to consider the clarification of issues, the joining of
12additional parties, the necessity or desirability of amendments to the pleadings, the
13obtaining of admissions of fact or of documents, records, reports, and bills which that
14may avoid unnecessary proof, and such other matters as may aid in disposition of the
15dispute or controversy. After this that conference the department division may issue
16an order requiring disclosure or exchange of any information or written material
17which it that the division considers material to the timely and orderly disposition of
18the dispute or controversy. If a party fails to disclose or exchange that information
19within the time stated in the order, the department division may issue an order
20dismissing the claim without prejudice or excluding evidence or testimony relating
21to the information or written material. The department division shall provide each
22party with a copy of any order issued under this paragraph.
SB21,2799 23Section 2799. 102.17 (1) (c) of the statutes is renumbered 102.17 (1) (c) 1. and
24amended to read:
SB21,1105,14
1102.17 (1) (c) 1. Any party shall have the right to be present at any hearing,
2in person or by attorney or any other agent, and to present such testimony as may
3be pertinent to the controversy before the department division. No person, firm, or
4corporation, other than an attorney at law who is licensed to practice law in the state,
5may appear on behalf of any party in interest before the department division or any
6member or employee of the department division assigned to conduct any hearing,
7investigation, or inquiry relative to a claim for compensation or benefits under this
8chapter, unless the person is 18 years of age or older, does not have an arrest or
9conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified,
10and has obtained from the department office a license with authorization to appear
11in matters or proceedings before the department division. Except as provided under
12pars. (cm), (cr), and (ct), the license shall be issued by the department office under
13rules promulgated by the department office. The department office shall maintain
14in its office a current list of persons to whom licenses have been issued.
SB21,1106,5 152. Any license issued under subd. 1. may be suspended or revoked by the
16department office for fraud or serious misconduct on the part of an agent, any license
17may be denied, suspended, nonrenewed, or otherwise withheld by the department
18office for failure to pay court-ordered payments as provided in par. (cm) on the part
19of an agent, and any license may be denied or revoked if the department of revenue
20certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes
21or if the department of workforce development determines under par. (ct) s. 108.227
22that the applicant or licensee is liable for delinquent unemployment insurance
23contributions. Before suspending or revoking the license of the agent on the grounds
24of fraud or misconduct, the department office shall give notice in writing to the agent
25of the charges of fraud or misconduct and shall give the agent full opportunity to be

1heard in relation to those charges. In denying, suspending, restricting, refusing to
2renew, or otherwise withholding a license for failure to pay court-ordered payments
3as provided in par. (cm), the department office shall follow the procedure provided
4in a memorandum of understanding entered into under s. 49.857. The license and
5certificate of authority shall, unless
SB21,1106,9 63. Unless otherwise suspended or revoked, a license issued under subd. 1. shall
7be in force from the date of issuance until the June 30 following the date of issuance
8and may be renewed by the department office from time to time, but each renewed
9license shall expire on the June 30 following the issuance of the renewed license.
SB21,2800 10Section 2800. 102.17 (1) (cg) 1. of the statutes is amended to read:
SB21,1106,1611 102.17 (1) (cg) 1. Except as provided in subd. 2m., the department office shall
12require each applicant for a license under par. (c) who is an individual to provide the
13department office with the applicant's social security number, and shall require each
14applicant for a license under par. (c) who is not an individual to provide the
15department office with the applicant's federal employer identification number, when
16initially applying for or applying to renew the license.
SB21,2801 17Section 2801. 102.17 (1) (cg) 2. of the statutes is amended to read:
SB21,1106,2418 102.17 (1) (cg) 2. If an applicant who is an individual fails to provide the
19applicant's social security number to the department office or if an applicant who is
20not an individual fails to provide the applicant's federal employer identification
21number to the department office, the department office may not issue or renew a
22license under par. (c) to or for the applicant unless the applicant is an individual who
23does not have a social security number and the applicant submits a statement made
24or subscribed under oath or affirmation as required under subd. 2m.
SB21,2802 25Section 2802. 102.17 (1) (cg) 2m. of the statutes is amended to read:
SB21,1107,6
1102.17 (1) (cg) 2m. If an applicant who is an individual does not have a social
2security number, the applicant shall submit a statement made or subscribed under
3oath or affirmation to the department office that the applicant does not have a social
4security number. The form of the statement shall be prescribed by the department
5office. A license issued in reliance upon a false statement submitted under this
6subdivision is invalid.
SB21,2803 7Section 2803. 102.17 (1) (cg) 3. of the statutes is amended to read:
SB21,1107,138 102.17 (1) (cg) 3. The department of workforce development office may not
9disclose any information received under subd. 1. to any person except to the
10department of revenue for the sole purpose of requesting certifications under s.
1173.0301, the department of workforce development for the sole purpose of requesting
12certifications under s. 108.227,
or the department of children and families for
13purposes of administering s. 49.22.
SB21,2804 14Section 2804. 102.17 (1) (cm) of the statutes is amended to read:
SB21,1108,215 102.17 (1) (cm) The department of workforce development office shall deny,
16suspend, restrict, refuse to renew, or otherwise withhold a license under par. (c) for
17failure of the applicant or agent to pay court-ordered payments of child or family
18support, maintenance, birth expenses, medical expenses, or other expenses related
19to the support of a child or former spouse or for failure of the applicant or agent to
20comply, after appropriate notice, with a subpoena or warrant issued by the
21department of children and families or a county child support agency under s. 59.53
22(5) and related to paternity or child support proceedings, as provided in a
23memorandum of understanding entered into under s. 49.857. Notwithstanding par.
24(c), an action taken under this paragraph is subject to review only as provided in the

1memorandum of understanding entered into under s. 49.857 and not as provided in
2ch. 227.
SB21,2805 3Section 2805. 102.17 (1) (cr) of the statutes is amended to read:
SB21,1108,94 102.17 (1) (cr) The department office shall deny an application for the issuance
5or renewal of a license under par. (c), or revoke such a license already issued, if the
6department of revenue certifies under s. 73.0301 that the applicant or licensee is
7liable for delinquent taxes. Notwithstanding par. (c), an action taken under this
8paragraph is subject to review only as provided under s. 73.0301 (5) and not as
9provided in ch. 227.
SB21,2806 10Section 2806. 102.17 (1) (ct) of the statutes is repealed and recreated to read:
SB21,1108,1611 102.17 (1) (ct) The office shall deny an application for the issuance or renewal
12of a license under par. (c), or revoke such a license already issued, if the department
13of workforce development certifies under s. 108.227 that the applicant or licensee is
14liable for delinquent unemployment insurance contributions. Notwithstanding par.
15(c), an action taken under this paragraph is subject to review only as provided under
16s. 108.227 (5) and not as provided in ch. 227.
SB21,2807 17Section 2807. 102.17 (1) (d) 1. of the statutes is amended to read:
SB21,1109,1218 102.17 (1) (d) 1. The contents of certified medical and surgical reports by
19physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
20advanced practice nurse prescribers, and chiropractors licensed in and practicing in
21this state, and of certified reports by experts concerning loss of earning capacity
22under s. 102.44 (2) and (3), presented by a party for compensation constitute prima
23facie evidence as to the matter contained in those reports, subject to any rules and
24limitations the department division prescribes. Certified reports of physicians,
25podiatrists, surgeons, dentists, psychologists, physician assistants, advanced

1practice nurse prescribers, and chiropractors, wherever licensed and practicing, who
2have examined or treated the claimant, and of experts, if the practitioner or expert
3consents to being subjected to cross-examination, also constitute prima facie
4evidence as to the matter contained in those reports. Certified reports of physicians,
5podiatrists, surgeons, psychologists, and chiropractors are admissible as evidence of
6the diagnosis, necessity of the treatment, and cause and extent of the disability.
7Certified reports by doctors of dentistry, physician assistants, and advanced practice
8nurse prescribers are admissible as evidence of the diagnosis and necessity of
9treatment but not of the cause and extent of disability. Any physician, podiatrist,
10surgeon, dentist, psychologist, chiropractor, physician assistant, advanced practice
11nurse prescriber, or expert who knowingly makes a false statement of fact or opinion
12in such a certified report may be fined or imprisoned, or both, under s. 943.395.
SB21,2808 13Section 2808. 102.17 (1) (d) 2. of the statutes is amended to read:
SB21,1109,2114 102.17 (1) (d) 2. The record of a hospital or sanatorium in this state that is
15satisfactory to the department division, established by certificate, affidavit, or
16testimony of the supervising officer of the hospital or sanitorium, any other person
17having charge of the record, or a physician, podiatrist, surgeon, dentist, psychologist,
18physician assistant, advanced practice nurse prescriber, or chiropractor to be the
19record of the patient in question, and made in the regular course of examination or
20treatment of the patient, constitutes prima facie evidence as to the matter contained
21in the record, to the extent that the record is otherwise competent and relevant.
SB21,2809 22Section 2809. 102.17 (1) (d) 3. of the statutes is amended to read:
SB21,1110,523 102.17 (1) (d) 3. The department division may, by rule, establish the
24qualifications of and the form used for certified reports submitted by experts who
25provide information concerning loss of earning capacity under s. 102.44 (2) and (3).

1The department division may not admit into evidence a certified report of a
2practitioner or other expert or a record of a hospital or sanatorium that was not filed
3with the department division and all parties in interest at least 15 days before the
4date of the hearing, unless the department division is satisfied that there is good
5cause for the failure to file the report.
SB21,2810 6Section 2810. 102.17 (1) (d) 4. of the statutes is amended to read:
SB21,1110,97 102.17 (1) (d) 4. A report or record described in subd. 1., 2., or 3. that is admitted
8or received into evidence by the department division constitutes substantial
9evidence under s. 102.23 (6) as to the matter contained in the report or record.
SB21,2811 10Section 2811. 102.17 (1) (e) of the statutes is amended to read:
SB21,1110,1911 102.17 (1) (e) The department division may, with or without notice to any party,
12cause testimony to be taken, an inspection of the premises where the injury occurred
13to be made, or the time books and payrolls of the employer to be examined by any
14examiner, and may direct any employee claiming compensation to be examined by
15a physician, chiropractor, psychologist, dentist, or podiatrist. The testimony so
16taken, and the results of any such inspection or examination, shall be reported to the
17department division for its consideration upon final hearing. All ex parte testimony
18taken by the department division shall be reduced to writing, and any party shall
19have opportunity to rebut that testimony on final hearing.
SB21,2812 20Section 2812. 102.17 (1) (f) of the statutes is amended to read:
SB21,1110,2221 102.17 (1) (f) Sections 804.05 and 804.07 shall not apply to proceedings under
22this chapter, except as to a witness who is any of the following:
SB21,1110,2323 1. Who is beyond Beyond reach of the subpoena of the department; or division.
SB21,1110,2524 2. Who is about About to go out of the state, not intending to return in time for
25the hearing; or hearing.
SB21,1111,2
13. Who is so So sick, infirm, or aged as to make it probable that the witness will
2not be able to attend the hearing; or hearing.
SB21,1111,53 4. Who is a A member of the legislature, if any committee of the same or
4legislature or of the house of which the witness is a member, is in session, provided
5and the witness waives his or her privilege.
SB21,2813 6Section 2813. 102.17 (1) (g) of the statutes is amended to read:
SB21,1111,197 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a
8dispute or creates a doubt as to the extent or cause of disability or death, the
9department division may direct that the injured employee be examined, that an
10autopsy be performed, or that an opinion be obtained without examination or
11autopsy, by or from an impartial, competent physician, chiropractor, dentist,
12psychologist or podiatrist designated by the department division who is not under
13contract with or regularly employed by a compensation insurance carrier or
14self-insured employer. The expense of the examination, autopsy, or opinion shall be
15paid by the employer or, if the employee claims compensation under s. 102.81, from
16the uninsured employers fund. The report of the examination, autopsy, or opinion
17shall be transmitted in writing to the department division and a copy of the report
18shall be furnished by the department division to each party, who shall have an
19opportunity to rebut such the report on further hearing.
SB21,2814 20Section 2814. 102.17 (1) (h) of the statutes is amended to read:
SB21,1112,221 102.17 (1) (h) The contents of certified reports of investigation, made by
22industrial safety specialists who are employed, contracted, or otherwise secured by
23the department division and who are available for cross-examination, if served upon
24the parties 15 days prior to hearing, shall constitute prima facie evidence as to
25matter contained in those reports. A report described in this paragraph that is

1admitted or received into evidence by the department division constitutes
2substantial evidence under s. 102.23 (6) as to the matter contained in the report.
SB21,2815 3Section 2815. 102.17 (2) of the statutes is amended to read:
SB21,1112,134 102.17 (2) If the department shall have division has reason to believe that the
5payment of compensation has not been made, it the division may on its own motion
6give notice to the parties, in the manner provided for the service of an application,
7of a time and place when a hearing will be held for the purpose of determining the
8facts. Such The notice shall contain a statement of the matter to be considered.
9Thereafter all other All provisions of this chapter governing proceedings on an
10application shall attach apply, insofar as the same may be applicable, to a proceeding
11under this subsection
. When the department division schedules a hearing on its own
12motion, the department division does not become a party in interest and is not
13required to appear at the hearing.
SB21,2816 14Section 2816. 102.17 (2m) of the statutes is amended to read:
SB21,1112,2015 102.17 (2m) Any The division or any party, including the department office,
16may require any person to produce books, papers, and records at the hearing by
17personal service of a subpoena upon the person along with a tender of witness fees
18as provided in ss. 814.67 and 885.06. Except as provided in sub. (2s), the subpoena
19shall be on a form provided by the department division and shall give the name and
20address of the party requesting the subpoena.
SB21,2817 21Section 2817. 102.17 (2s) of the statutes is amended to read:
SB21,1113,322 102.17 (2s) A party's attorney of record may issue a subpoena to compel the
23attendance of a witness or the production of evidence. A subpoena issued by an
24attorney must be in substantially the same form as provided in s. 805.07 (4) and must
25be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of

1issuance, send a copy of the subpoena to the appeal tribunal hearing examiner or
2other representative of the department division responsible for conducting the
3proceeding.
SB21,2818 4Section 2818. 102.17 (7) (b) of the statutes is amended to read:
SB21,1113,165 102.17 (7) (b) Except as provided in par. (c), the department division shall
6exclude from evidence testimony or certified reports from expert witnesses under
7par. (a) offered by the party that raises the issue of loss of earning capacity if that
8party failed to notify the department division and the other parties of interest, at
9least 60 days before the date of the hearing, of the party's intent to provide the
10testimony or reports and of the names of the expert witnesses involved. Except as
11provided in par. (c), the department division shall exclude from evidence testimony
12or certified reports from expert witnesses under par. (a) offered by a party of interest
13in response to the party that raises the issue of loss of earning capacity if the
14responding party failed to notify the department division and the other parties of
15interest, at least 45 days before the date of the hearing, of the party's intent to provide
16the testimony or reports and of the names of the expert witnesses involved.
SB21,2819 17Section 2819. 102.17 (7) (c) of the statutes is amended to read:
SB21,1113,2218 102.17 (7) (c) Notwithstanding the notice deadlines provided in par. (b), the
19department division may receive in evidence testimony or certified reports from
20expert witnesses under par. (a) when the applicable notice deadline under par. (b) is
21not met if good cause is shown for the delay in providing the notice required under
22par. (b) and if no party is prejudiced by the delay.
SB21,2820 23Section 2820. 102.17 (8) of the statutes is amended to read:
SB21,1114,1224 102.17 (8) Unless otherwise agreed to by all parties, an injured employee shall
25file with the department division and serve on all parties at least 15 days before the

1date of the hearing an itemized statement of all medical expenses and incidental
2compensation under s. 102.42 claimed by the injured employee. The itemized
3statement shall include, if applicable, information relating to any travel expenses
4incurred by the injured employee in obtaining treatment including the injured
5employee's destination, number of trips, round trip mileage, and meal and lodging
6expenses. The department division may not admit into evidence any information
7relating to medical expenses and incidental compensation under s. 102.42 claimed
8by an injured employee if the injured employee failed to file with the department
9division and serve on all parties at least 15 days before the date of the hearing an
10itemized statement of the medical expenses and incidental compensation under s.
11102.42 claimed by the injured employee, unless the department division is satisfied
12that there is good cause for the failure to file and serve the itemized statement.
SB21,2821 13Section 2821. 102.175 (2) of the statutes is amended to read:
SB21,1114,2114 102.175 (2) If after a hearing or a prehearing conference the department
15division determines that an injured employee is entitled to compensation but that
16there remains in dispute only the issue of which of 2 or more parties is liable for that
17compensation, the department division may order one or more parties to pay
18compensation in an amount, time, and manner as determined by the department
19division. If the department division later determines that another party is liable for
20compensation, the department division shall order that other party to reimburse any
21party that was ordered to pay compensation under this subsection.
SB21,2822 22Section 2822. 102.18 (1) (b) of the statutes is amended to read:
SB21,1115,1623 102.18 (1) (b) Within 90 days after the final hearing and close of the record, the
24department division shall make and file its findings upon the ultimate facts involved
25in the controversy, and its order, which shall state its the division's determination as

1to the rights of the parties. Pending the final determination of any controversy before
2it, the department may in its discretion division, after any hearing, may, in its
3discretion,
make interlocutory findings, orders, and awards, which may be enforced
4in the same manner as final awards. The department division may include in any
5interlocutory or final award or order an order directing the employer or insurer to pay
6for any future treatment that may be necessary to cure and relieve the employee from
7the effects of the injury. If the department division finds that the employer or insurer
8has not paid any amount that the employer or insurer was directed to pay in any
9interlocutory order or award and that the nonpayment was not in good faith, the
10department division may include in its final award a penalty not exceeding 25% 25
11percent
of each amount that was not paid as directed. When there is a finding that
12the employee is in fact suffering from an occupational disease caused by the
13employment of the employer against whom the application is filed, a final award
14dismissing the application upon the ground that the applicant has suffered no
15disability from the disease shall not bar any claim the employee may thereafter have
16for disability sustained after the date of the award.
SB21,2823 17Section 2823. 102.18 (1) (bg) 1. of the statutes is amended to read:
SB21,1116,818 102.18 (1) (bg) 1. If the department division finds under par. (b) that an insurer
19or self-insured employer is liable under this chapter for any health services provided
20to an injured employee by a health service provider, but that the reasonableness of
21the fee charged by the health service provider is in dispute, the department division
22may include in its order under par. (b) a determination made by the office under s.
23102.16 (2)
as to the reasonableness of the fee or the department, if such a
24determination has not yet been made, the division
may notify, or direct the insurer
25or self-insured employer to notify, the health service provider under s. 102.16 (2) (b)

1that the reasonableness of the fee is in dispute. The department shall deny payment
2of a health service fee that the department determines under this subdivision to be
3unreasonable. An insurer or self-insured employer and a health service provider
4that are parties to a fee dispute under this subdivision are bound by the department's
5determination under this subdivision on the reasonableness of the disputed fee,
6unless that determination is set aside, reversed, or modified by the department
7under sub. (3) or by the commission under sub. (3) or (4) or is set aside on judicial
8review under s. 102.23.
SB21,2824 9Section 2824. 102.18 (1) (bg) 2. of the statutes is amended to read:
SB21,1117,710 102.18 (1) (bg) 2. If the department division finds under par. (b) that an
11employer or insurance carrier is liable under this chapter for any treatment provided
12to an injured employee by a health service provider, but that the necessity of the
13treatment is in dispute, the department division may include in its order under par.
14(b) a determination made by the office under s. 102.16 (2m) as to the necessity of the
15treatment or the department, if such a determination has not yet been made, the
16division
may notify, or direct the employer or insurance carrier to notify, the health
17service provider under s. 102.16 (2m) (b) that the necessity of the treatment is in
18dispute. Before determining under this subdivision the necessity of treatment
19provided to an injured employee, the department may, but is not required to, obtain
20the opinion of an expert selected by the department who is qualified as provided in
21s. 102.16 (2m) (c). The standards promulgated under s. 102.16 (2m) (g) shall be
22applied by an expert in rendering an opinion as to, and in determining, necessity of
23treatment under this subdivision. In cases in which no standards promulgated
24under s. 102.16 (2m) (g) apply, the department shall find the facts regarding
25necessity of treatment. The department shall deny payment for any treatment that

1the department determines under this subdivision to be unnecessary. An insurer or
2self-insured employer and a health service provider that are parties to a dispute
3under this subdivision over the necessity of treatment are bound by the department's
4determination under this subdivision on the necessity of the disputed treatment,
5unless that determination is set aside, reversed, or modified by the department
6division under sub. (3) or by the commission under sub. (3) or (4) or is set aside on
7judicial review under s. 102.23.
SB21,2825 8Section 2825. 102.18 (1) (bg) 3. of the statutes is amended to read:
SB21,1118,29 102.18 (1) (bg) 3. If the department division finds under par. (b) that an insurer
10or self-insured employer is liable under this chapter for the cost of a prescription
11drug dispensed under s. 102.425 (2) for outpatient use by an injured employee, but
12that the reasonableness of the amount charged for that prescription drug is in
13dispute, the department division may include in its order under par. (b) a
14determination made by the office under s. 102.425 (4m) as to the reasonableness of
15the prescription drug charge or the department, if such a determination has not yet
16been made, the division
may notify, or direct the insurer or self-insured employer to
17notify, the pharmacist or practitioner dispensing the prescription drug under s.
18102.425 (4m) (b) that the reasonableness of the prescription drug charge is in
19dispute. The department shall deny payment of a prescription drug charge that the
20department determines under this subdivision to be unreasonable. An insurer or
21self-insured employer and a pharmacist or practitioner that are parties to a dispute
22under this subdivision over the reasonableness of a prescription drug charge are
23bound by the department's determination under par. (b) on the reasonableness of the
24disputed prescription drug charge, unless that determination is set aside, reversed,

1or modified by the department under sub. (3) or by the commission under sub. (3) or
2(4) or is set aside on judicial review under s. 102.23.
SB21,2826 3Section 2826. 102.18 (1) (bp) of the statutes is amended to read:
SB21,1118,194 102.18 (1) (bp) If the department division determines that the employer or
5insurance carrier suspended, terminated, or failed to make payments or failed to
6report an injury as a result of malice or bad faith, the department division may
7include a penalty in an award to an employee for each event or occurrence of malice
8or bad faith. This That penalty is the exclusive remedy against an employer or
9insurance carrier for malice or bad faith. If this the penalty is imposed for an event
10or occurrence of malice or bad faith that causes a payment that is due an injured
11employee to be delayed in violation of s. 102.22 (1) or overdue in violation of s. 628.46
12(1), the department division may not also order an increased payment under s.
13102.22 (1) or the payment of interest under s. 628.46 (1). The department division
14may award an amount that it the division considers just, not to exceed the lesser of
15200 percent of total compensation due or $30,000 for each event or occurrence of
16malice or bad faith. The department division may assess the penalty against the
17employer, the insurance carrier, or both. Neither the employer nor the insurance
18carrier is liable to reimburse the other for the penalty amount. The department
19division may, by rule, define actions which that demonstrate malice or bad faith.
SB21,2827 20Section 2827. 102.18 (1) (bw) of the statutes is amended to read:
SB21,1119,221 102.18 (1) (bw) If an insurer, a self-insured employer , or, if applicable, the
22uninsured employers fund pays compensation to an employee in excess of its liability
23and another insurer is liable for all or part of the excess payment, the department
24division may order the insurer or self-insured employer that is liable for that excess

1payment
to reimburse the insurer or self-insured employer that made the excess
2payment or, if applicable, the uninsured employers fund.
SB21,2828 3Section 2828. 102.18 (1) (c) of the statutes is amended to read:
SB21,1119,104 102.18 (1) (c) If 2 or more examiners have conducted a formal hearing on a claim
5and are unable to agree on the order or award to be issued, the decision shall be the
6decision of the majority. If the examiners are equally divided on the decision, the
7department division may appoint an additional examiner who shall review the
8record and consult with the other examiners concerning their personal impressions
9of the credibility of the evidence. Findings of fact and an order or award may then
10be issued by a majority of the examiners.
SB21,2829 11Section 2829. 102.18 (1) (e) of the statutes is amended to read:
SB21,1119,1812 102.18 (1) (e) Except as provided in s. 102.21, if the department division orders
13a party to pay an award of compensation, the party shall pay the award no later than
1421 days after the date on which the order is electronically delivered to the party or
15mailed to the last-known address of the party, unless the party files a petition for
16review under sub. (3). This paragraph applies to all awards of compensation ordered
17by the department division, whether the award results from a hearing, the default
18of a party, or a compromise or stipulation confirmed by the department division.
SB21,2830 19Section 2830. 102.18 (2) of the statutes is amended to read:
SB21,1120,220 102.18 (2) The department division shall have and maintain on its staff such
21examiners as are necessary to hear and decide disputed claims and to assist in the
22effective administration of adjudication of disputes under this chapter. These Those
23examiners shall be attorneys and may be designated as administrative law judges.
24These Those examiners may make findings and orders, and may approve, review, set

1aside, modify, or confirm stipulations of settlement or compromises of claims for
2compensation.
SB21,2831 3Section 2831. 102.18 (3) of the statutes is amended to read:
SB21,1120,244 102.18 (3) A party in interest may petition the commission for review of an
5examiner's decision awarding or denying compensation if the department division
6or commission receives the petition within 21 days after the department division
7electronically delivered a copy of the examiner's findings and order to the parties in
8interest or
mailed a copy of the examiner's findings and order to the party's
9last-known address addresses of the parties in interest. The commission shall
10dismiss a petition which that is not timely filed unless the petitioner shows probable
11good cause that the reason for failure to timely file was beyond the petitioner's
12control. If no petition is filed within 21 days from after the date that on which a copy
13of the findings or order of the examiner is electronically delivered to the parties in
14interest or
mailed to the last-known address addresses of the parties in interest, the
15findings or order shall be considered final unless set aside, reversed , or modified by
16the examiner within that time. If the findings or order are set aside by the examiner,
17the status shall be the same as prior to the setting aside of the findings or order set
18aside
. If the findings or order are reversed or modified by the examiner, the time for
19filing a petition commences with on the date that on which notice of reversal or
20modification is electronically delivered to the parties in interest or mailed to the
21last-known address addresses of the parties in interest. The commission shall either
22affirm, reverse, set aside, or modify the findings or order, in whole or in part, or direct
23the taking of additional evidence. This The commission's action shall be based on a
24review of the evidence submitted.
SB21,2832 25Section 2832. 102.18 (4) (b) of the statutes is amended to read:
SB21,1121,4
1102.18 (4) (b) Within 28 days after a decision of the commission is electronically
2delivered to each party in interest or
mailed to the last-known address of each party
3in interest, the commission may, on its own motion, set aside the decision for further
4consideration.
SB21,2833 5Section 2833. 102.18 (4) (c) 3. of the statutes is amended to read:
SB21,1121,76 102.18 (4) (c) 3. Remand the case to the department division for further
7proceedings.
SB21,2834 8Section 2834. 102.18 (4) (d) of the statutes is amended to read:
SB21,1121,159 102.18 (4) (d) While a petition for review by the commission is pending or after
10entry of an order or award by the commission, but before commencement of an action
11for judicial review or expiration of the period in which to commence an action for
12judicial review, the commission shall remand any compromise presented to it to the
13department division for consideration and approval or rejection pursuant to under
14s. 102.16 (1). Presentation of a compromise does not affect the period in which to
15commence an action for judicial review.
SB21,2835 16Section 2835. 102.18 (5) of the statutes is amended to read:
SB21,1122,217 102.18 (5) If it shall appear to the department appears to the division that a
18mistake may have been made as to cause of injury in the findings, order, or award
19upon an alleged injury based on accident, when in fact the employee was suffering
20from an occupational disease, within 3 years after the date of the findings, order, or
21award
the department division may, upon its own motion, with or without hearing,
22within 3 years from the date of such findings, order or award, set aside such the
23findings, order or award, or the department division may take such that action upon
24application made within such those 3 years. Thereafter, and after After an
25opportunity for hearing, the department division may, if in fact the employee is

1suffering from disease arising out of the employment, make new findings, and a new
2order or
award, or it the division may reinstate the previous findings, order, or award.
SB21,2836 3Section 2836. 102.18 (6) of the statutes is amended to read:
Loading...
Loading...