SB21: Bill Text

SB21,1120,2 102.18 (2) The department division shall have and maintain on its staff such examiners as are necessary to hear and decide disputed claims and to assist in the effective administration of adjudication of disputes under this chapter. These Those examiners shall be attorneys and may be designated as administrative law judges. These Those examiners may make findings and orders, and may approve, review, set aside, modify, or confirm stipulations of settlement or compromises of claims for compensation.

SB21,2831 Section 2831. 102.18 (3) of the statutes is amended to read:

SB21,1120,24 102.18 (3) A party in interest may petition the commission for review of an examiner's decision awarding or denying compensation if the department division or commission receives the petition within 21 days after the department division electronically delivered a copy of the examiner's findings and order to the parties in interest or mailed a copy of the examiner's findings and order to the party's last-known address addresses of the parties in interest. The commission shall dismiss a petition which that is not timely filed unless the petitioner shows probable good cause that the reason for failure to timely file was beyond the petitioner's control. If no petition is filed within 21 days from after the date that on which a copy of the findings or order of the examiner is electronically delivered to the parties in interest or mailed to the last-known address addresses of the parties in interest, the findings or order shall be considered final unless set aside, reversed , or modified by the examiner within that time. If the findings or order are set aside by the examiner, the status shall be the same as prior to the setting aside of the findings or order set aside. If the findings or order are reversed or modified by the examiner, the time for filing a petition commences with on the date that on which notice of reversal or modification is electronically delivered to the parties in interest or mailed to the last-known address addresses of the parties in interest. The commission shall either affirm, reverse, set aside, or modify the findings or order, in whole or in part, or direct the taking of additional evidence. This The commission's action shall be based on a review of the evidence submitted.

SB21,2832 Section 2832. 102.18 (4) (b) of the statutes is amended to read:

SB21,1121,4 102.18 (4) (b) Within 28 days after a decision of the commission is electronically delivered to each party in interest or mailed to the last-known address of each party in interest, the commission may, on its own motion, set aside the decision for further consideration.

SB21,2833 Section 2833. 102.18 (4) (c) 3. of the statutes is amended to read:

SB21,1121,7 102.18 (4) (c) 3. Remand the case to the department division for further proceedings.

SB21,2834 Section 2834. 102.18 (4) (d) of the statutes is amended to read:

SB21,1121,15 102.18 (4) (d) While a petition for review by the commission is pending or after entry of an order or award by the commission, but before commencement of an action for judicial review or expiration of the period in which to commence an action for judicial review, the commission shall remand any compromise presented to it to the department division for consideration and approval or rejection pursuant to under s. 102.16 (1). Presentation of a compromise does not affect the period in which to commence an action for judicial review.

SB21,2835 Section 2835. 102.18 (5) of the statutes is amended to read:

SB21,1122,2 102.18 (5) If it shall appear to the department appears to the division that a mistake may have been made as to cause of injury in the findings, order, or award upon an alleged injury based on accident, when in fact the employee was suffering from an occupational disease, within 3 years after the date of the findings, order, or award the department division may, upon its own motion, with or without hearing, within 3 years from the date of such findings, order or award, set aside such the findings, order or award, or the department division may take such that action upon application made within such those 3 years. Thereafter, and after After an opportunity for hearing, the department division may, if in fact the employee is suffering from disease arising out of the employment, make new findings, and a new order or award, or it the division may reinstate the previous findings, order, or award.

SB21,2836 Section 2836. 102.18 (6) of the statutes is amended to read:

SB21,1122,8 102.18 (6) In case of disease arising out of the employment, the department division may from time to time review its findings, order, or award, and make new findings, or a new order or award, based on the facts regarding disability or otherwise as they those facts may then appear at the time of the review. This subsection shall not affect the application of the limitation in s. 102.17 (4).

SB21,2837 Section 2837. 102.19 of the statutes is amended to read:

SB21,1123,5 102.19 Alien dependents; payments through consular officers. In case If a deceased employee, for whose injury or death compensation is payable, leaves surviving alien dependents residing outside of the United States, the duly accredited consular officer of the country of which such those dependents are citizens or such that officer's designated representative residing within the state shall, except as otherwise determined by the department office, be the sole representative of the deceased employee and dependents in all matters pertaining to their claims for compensation. The receipt by such officer or agent of compensation funds and the distribution thereof of those funds by a consular officer or representative shall be made only upon order of the department office, and payment to such the officer or agent pursuant to any such representative under that order shall be a full discharge of the benefits or compensation. Such due the deceased employee and his or her dependents. If required by the office, a consular officer or such officer's representative shall furnish, if required by the department, a bond to be approved by it the office, conditioned upon the proper application of all moneys received by such person the consular officer or representative. Before such that bond is discharged, such the consular officer or representative shall file with the department a office an itemized and verified account of the items of his or her receipts and disbursements receipt and disbursement of such that compensation. Such The consular officer or representative shall make interim reports to the department office as it the office may require.

SB21,2838 Section 2838. 102.195 of the statutes is amended to read:

SB21,1123,14 102.195 Employees confined in institutions; payment of benefits. In case If an employee is adjudged insane mentally ill or incompetent, or convicted of a felony, and is confined in a public institution and has wholly dependent upon the employee for support a person, whose dependency is determined as if the employee were deceased, compensation payable during the period of the employee's confinement may be paid to the employee and the employee's dependents , in such manner, for such time, and in such amount as the department office by order provides.

SB21,2839 Section 2839. 102.21 of the statutes is amended to read:

SB21,1124,5 102.21 Payment of awards by municipalities. Whenever an award is made by the department under this chapter or s. 66.191, 1981 stats., against any municipality, the person in whose favor it the award is made shall file a certified copy thereof of the award with the municipal clerk. Within 20 days thereafter, unless Unless an appeal is taken, such within 20 days after that filing, the municipal clerk shall draw an order on the municipal treasurer for the payment of the award. If upon appeal such the award is affirmed in whole or in part the, the municipal clerk shall draw an order for payment shall be drawn of the award within 10 days after a certified copy of such the judgment affirming the award is filed with the proper that clerk. If the award or judgment provides for more than one payment is provided for in the award or judgment, orders shall be drawn, the municipal clerk shall draw orders for payment as the payments become due. No statute relating to the filing of claims against, and or the auditing, allowing, and payment of claims by municipalities shall apply, a municipality applies to the payment of an award or judgment under this section.

SB21,2840 Section 2840. 102.22 (1) of the statutes is amended to read:

SB21,1124,23 102.22 (1) If the employer or his or her insurer inexcusably delays in making the first payment that is due an injured employee for more than 30 days after the day date on which the employee leaves work as a result of an injury and if the amount due is $500 or more, the payments as to which the delay is found shall be increased by 10% 10 percent. If the employer or his or her insurer inexcusably delays in making the first payment that is due an injured employee for more than 14 days after the day date on which the employee leaves work as a result of an injury, the payments as to which the delay is found may be increased by 10% 10 percent. If the employer or his or her insurer inexcusably delays for any length of time in making any other payment that is due an injured employee, the payments as to which the delay is found may be increased by 10%. Where 10 percent. If the delay is chargeable to the employer and not to the insurer, s. 102.62 shall apply applies and the relative liability of the parties shall be fixed and discharged as therein provided in that section. The department division may also order the employer or insurance carrier to reimburse the employee for any finance charges, collection charges, or interest which that the employee paid as a result of the inexcusable delay by the employer or insurance carrier.

SB21,2841 Section 2841. 102.22 (2) of the statutes is amended to read:

SB21,1125,9 102.22 (2) If the sum ordered by the department any sum that the division orders to be paid is not paid when due, that sum shall bear interest at the rate of 10% 10 percent per year. The state is liable for such interest on awards issued against it under this chapter. The department division has jurisdiction to issue an award for payment of such interest under this subsection at any time within one year of after the date of its order, or upon appeal , if the order is appealed, within one year after final court determination. Such interest Interest awarded under this subsection becomes due from the date the examiner's order becomes final or from the date of a decision by the labor and industry review commission, whichever is later.

SB21,2842 Section 2842. 102.23 (1) (a) of the statutes is amended to read:

SB21,1126,3 102.23 (1) (a) The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive. The order or award granting or denying compensation, either interlocutory or final, whether judgment has been rendered on it the order or award or not, is subject to review only as provided in this section and not under ch. 227 or s. 801.02. Within 30 days after the date of an order or award made by the commission either originally or after the filing of a petition for review with the department division under s. 102.18 any party aggrieved thereby by the order or award may by serving a complaint as provided in par. (b) and filing the summons and complaint with the clerk of the circuit court commence, in circuit court, an action against the commission for the review of the order or award, in which action the adverse party shall also be made a defendant. If the circuit court is satisfied that a party in interest has been prejudiced because of an exceptional delay in the receipt of a copy of any finding or order, it the circuit court may extend the time in which an action may be commenced by an additional 30 days. The proceedings shall be in the circuit court of the county where the plaintiff resides, except that if the plaintiff is a state agency, the proceedings shall be in the circuit court of the county where the defendant resides. The proceedings may be brought in any circuit court if all parties stipulate and that court agrees.

SB21,2843 Section 2843. 102.23 (1) (b) of the statutes is amended to read:

SB21,1126,12 102.23 (1) (b) In such an action for review of an order or award a complaint shall be served with an authenticated copy of the summons. The complaint need not be verified, but shall state the grounds upon which a review is sought. Service upon a commissioner or member of the commission or an agent authorized by the commission to accept service constitutes complete service on all parties, but there shall be left with the person so served as many copies of the summons and complaint as there are defendants, and the commission shall electronically deliver or mail one copy to each other defendant.

SB21,2844 Section 2844. 102.23 (2) of the statutes is amended to read:

SB21,1126,17 102.23 (2) Upon the trial of any such an action for review of an order or award the court shall disregard any irregularity or error of the commission or the department division unless it is made to affirmatively appear that the plaintiff was damaged thereby by that irregularity or error.

SB21,2845 Section 2845. 102.23 (3) of the statutes is amended to read:

SB21,1126,22 102.23 (3) The record in any case shall be transmitted to the department division within 5 days after expiration of the time for appeal from the order or judgment of the court, unless an appeal shall be is taken from such that order or judgment.

SB21,2846 Section 2846. 102.23 (5) of the statutes is amended to read:

SB21,1127,3 102.23 (5) When an action for review involves only the question of liability as between the employer and one or more insurance companies or as between several insurance companies, a party that has been ordered by the department division, the commission, or a court to pay compensation is not relieved from paying compensation as ordered.

SB21,2847 Section 2847. 102.24 (2) of the statutes is amended to read:

SB21,1127,13 102.24 (2) After the commencement of an action to review any order or award of the commission, the parties may have the record remanded by the court for such time and under such condition as they the parties may provide, for the purpose of having the department division act upon the question of approving or disapproving any settlement or compromise that the parties may desire to have so approved. If approved, the action shall be at an end and judgment may be entered upon the approval as upon an award. If not approved, the division shall immediately return the record shall forthwith be returned to the circuit court and the action shall proceed as if no remand had been made.

SB21,2848 Section 2848. 102.25 (1) of the statutes is amended to read:

SB21,1127,25 102.25 (1) Any party aggrieved by a judgment entered upon the review of any order or award may appeal therefrom the judgment within the time period specified in s. 808.04 (1). A trial court shall may not require the commission or any party to the action to execute, serve, or file an undertaking under s. 808.07 or to serve, or secure approval of, a transcript of the notes of the stenographic reporter or the tape of the recording machine. The state is a party aggrieved under this subsection if a judgment is entered upon the review confirming any order or award against it the state. At any time before the case is set down for hearing in the court of appeals or the supreme court, the parties may have the record remanded by the court to the department division in the same manner and for the same purposes as provided for remanding from the circuit court to the department division under s. 102.24 (2).

SB21,2849 Section 2849. 102.26 (2) of the statutes is amended to read:

SB21,1128,14 102.26 (2) Unless previously authorized by the department division, no fee may be charged or received for the enforcement or collection of any claim for compensation, nor may any contract for that enforcement or collection be enforceable when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that enforcement or collection, exceeds 20 percent of the amount at which that the claim is compromised or of the amount awarded, adjudged, or collected, except that in cases of admitted liability in which there is no dispute as to the amount of compensation due and in which no hearing or appeal is necessary, the fee charged may not exceed 10 percent, but not to exceed $250, of the amount at which that the claim is compromised or of the amount awarded, adjudged, or collected. The limitation as to fees shall apply to the combined charges of attorneys, solicitors, representatives, and adjusters who knowingly combine their efforts toward the enforcement or collection of any compensation claim.

SB21,2850 Section 2850. 102.26 (3) (b) 1. of the statutes is amended to read:

SB21,1128,19 102.26 (3) (b) 1. The department may Subject to sub. (2), upon application of any interested party and subject to sub. (2), the division may fix the fee of the claimant's attorney or representative and provide in the award for that fee to be paid directly to the attorney or representative.

SB21,2851 Section 2851. 102.26 (3) (b) 3. of the statutes is amended to read:

SB21,1129,3 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer to pay any compensation that is due the claimant by depositing the payment directly into an account maintained by the claimant at a financial institution. If the insurer or self-insured employer agrees to the request, the insurer or self-insured employer may deposit the payment by direct deposit, electronic funds transfer, or any other money transfer technique approved by the department division. The claimant may revoke a request under this subdivision at any time by providing appropriate written notice to the insurer or self-insured employer.

SB21,2852 Section 2852. 102.26 (4) of the statutes is amended to read:

SB21,1129,11 102.26 (4) The charging or receiving of Any attorney or other person who charges or receives any fee in violation of this section shall be unlawful, and the attorney or other person guilty thereof shall may be required to forfeit double the amount retained by the attorney or other person, the same to which forfeiture shall be collected by the state in an action in debt, upon complaint of the department division. Out of the sum recovered the court shall direct payment to the injured party of the amount of the overcharge.

SB21,2853 Section 2853. 102.27 (2) (b) of the statutes is amended to read:

SB21,1129,24 102.27 (2) (b) If a governmental unit provides public assistance under ch. 49 to pay medical costs or living expenses related to a claim under this chapter and if the governmental unit has given the parties to the claim written notice stating that the governmental unit provided the assistance and the cost of that assistance, the employer or insurance carrier owing compensation shall reimburse that governmental unit any compensation awarded or paid if the governmental unit has given the parties to the claim written notice stating that it provided the assistance and the cost of the assistance provided. Reimbursement shall equal the lesser of either for the amount of assistance the governmental unit provided or two-thirds of the amount of the award or payment remaining after deduction of attorney fees and any other fees or costs chargeable under ch. 102, whichever is less. The department office shall comply with this paragraph when making payments under s. 102.81.

SB21,2854 Section 2854. 102.28 (2) (a) of the statutes is amended to read:

SB21,1130,10 102.28 (2) (a) Duty to insure payment for compensation. Unless exempted by the department office under par. (b) or sub. (3), every employer, as described in s. 102.04 (1), shall insure payment for that compensation in an insurer authorized to do business in this state. A joint venture may elect to be an employer under this chapter and obtain insurance for payment of compensation. If a joint venture that is subject to this chapter only because the joint venture elected to be an employer under this chapter is dissolved and cancels or terminates its contract for the insurance of compensation under this chapter, that joint venture is deemed considered to have effected withdrawal, which shall be effective on the day after the contract is canceled or terminated.

SB21,2855 Section 2855. 102.28 (2) (b) of the statutes is amended to read:

SB21,1131,2 102.28 (2) (b) Exemption from duty to insure. The department office may grant a written order of exemption to an employer who shows its financial ability to pay the amount of compensation, agrees to report faithfully all compensable injuries, and agrees to comply with this chapter and the rules of the department office. The department office may condition the granting of an exemption upon the employer's furnishing of satisfactory security to guarantee payment of all claims under for compensation. The department office may require that bonds or other personal guarantees be enforceable against sureties in the same manner as an award may be enforced. The department office may from time to time require proof of financial ability of the employer to pay compensation. Any exemption shall be void if the application for it contains a financial statement which that is false in any material respect. An employer who files an application containing a false financial statement remains subject to par. (a). The department office may promulgate rules establishing an amount to be charged to an initial applicant for exemption under this paragraph and an annual amount to be charged to employers that have been exempted under this paragraph.

SB21,2856 Section 2856. 102.28 (2) (c) of the statutes is amended to read:

SB21,1131,23 102.28 (2) (c) Revocation of exemption. The department, after After seeking the advice of the self-insurers council, the office may revoke an exemption granted to an employer under par. (b), upon giving the employer 10 days' written notice, if the department office finds that the employer's financial condition is inadequate to pay its employees' claims for compensation, that the employer has received an excessive number of claims for compensation, or that the employer has failed to discharge faithfully its obligations according to the agreement contained in the application for exemption. The employer may, within Within 10 days after receipt of the notice of revocation, the employer may request in writing a review of the revocation by the secretary commissioner or the secretary's commissioner's designee and the secretary commissioner or the secretary's designee shall review the revocation within 30 days after receipt of the request for review. If the employer is aggrieved by the determination of the secretary commissioner or the secretary's commissioner's designee, the employer may, within 10 days after receipt of notice of that determination, request a hearing under s. 102.17. If the secretary commissioner or the secretary's commissioner's designee determines that the employer's exemption should be revoked, the employer shall obtain insurance coverage as required under par. (a) immediately upon receipt of notice of that determination and, notwithstanding the pendency of proceedings under ss. 102.17 to 102.25, shall keep that coverage in force until another exemption under par. (b) is granted.

SB21,2857 Section 2857. 102.28 (2) (d) of the statutes is amended to read:

SB21,1132,6 102.28 (2) (d) Effect of insuring with unauthorized insurer. An employer who procures after procuring an exemption under par. (b) and thereafter enters into any agreement for excess insurance coverage with an insurer not authorized to do business in this state shall report that agreement to the department office immediately. The placing of such that coverage shall not by itself be grounds for revocation of the exemption.

SB21,2858 Section 2858. 102.28 (3) (a) (intro.) of the statutes is amended to read:

SB21,1132,14 102.28 (3) (a) (intro.) An employer may file with the department office an application for exemption from the duty to pay compensation under this chapter with respect to any employee who signs the waiver described in subd. 1. and the affidavit described in subd. 2. if an authorized representative of the religious sect to which the employee belongs signs the affidavit specified in subd. 3. and the agreement described in subd. 4. An application for exemption under this paragraph shall include all of the following:

SB21,2859 Section 2859. 102.28 (3) (b) (intro.) of the statutes is amended to read:

SB21,1132,18 102.28 (3) (b) (intro.) The department office shall approve an application under par. (a) if the department office determines that all of the following conditions are satisfied:

SB21,2860 Section 2860. 102.28 (3) (b) 3. of the statutes is amended to read:

SB21,1133,3 102.28 (3) (b) 3. The religious sect to which the employee belongs has a long-established history of providing its members who become dependent on the religious sect as a result of work-related injuries, and the dependents of those members, with a standard of living and medical treatment that are reasonable when compared to the general standard of living and medical treatment for members of the religious sect. In determining whether the religious sect has a long-standing history of providing the financial and medical assistance described in this subdivision, the department office shall presume that a 25-year history of providing that financial and medical assistance is long-standing for purposes of this subdivision.

SB21,2861 Section 2861. 102.28 (3) (c) of the statutes is amended to read:

SB21,1133,20 102.28 (3) (c) An employee who has signed a waiver under par. (a) 1. and an affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the employer would be liable for under s. 102.03, who at the time of the injury was a member of a religious sect whose authorized representative has filed an affidavit under par. (a) 3. and an agreement under par. (a) 4., and who as a result of the injury becomes dependent on the religious sect for financial and medical assistance, or the employee's dependent, may request a hearing under s. 102.17 (1) to determine if the religious sect has provided the employee and his or her dependents with a standard of living and medical treatment that are reasonable when compared to the general standard of living and medical treatment for members of the religious sect. If, after hearing, the department division determines that the religious sect has not provided that standard of living or medical treatment, or both, the department division may order the religious sect to provide alternative benefits to that employee or his or her dependent, or both, in an amount that is reasonable under the circumstances, but not in excess of the benefits that the employee or dependent could have received under this chapter but for the waiver under par. (a) 1.

SB21,2862 Section 2862. 102.28 (3) (d) of the statutes is amended to read:

SB21,1134,2 102.28 (3) (d) The department office shall provide a form for the application for exemption of an employer under par. (a) (intro.), the waiver and affidavit of an employee under par. (a) 1. and 2., the affidavit of a religious sect under par. (a) 3., and the agreement of a religious sect under par. (a) 4. A properly completed form is prima facie evidence of satisfaction of the conditions under par. (b) as to the matter contained in the form.

SB21,2863 Section 2863. 102.28 (4) (a) of the statutes is amended to read:

SB21,1134,6 102.28 (4) (a) When the department office discovers an uninsured employer, the department office may order the employer to cease operations until the employer complies with sub. (2).

SB21,2864 Section 2864. 102.28 (4) (b) of the statutes is amended to read:

SB21,1134,12 102.28 (4) (b) If the department office believes that an employer may be an uninsured employer, the department office shall notify the employer of the alleged violation of sub. (2) and the possibility of closure under this subsection. The employer may request and shall receive a hearing under s. 102.17 on the matter if the employer applies for a hearing within 10 days after the notice of the alleged violation is served.

SB21,2865 Section 2865. 102.28 (4) (c) of the statutes is amended to read:

SB21,1134,17 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not requested, the department division may issue an order to an employer to cease operations on a finding that the employer is an uninsured employer. If no hearing is requested, the office may issue such an order.

SB21,2866 Section 2866. 102.28 (4) (d) of the statutes is amended to read:

SB21,1134,21 102.28 (4) (d) The department of justice may bring an action in any court of competent jurisdiction for an injunction or other remedy to enforce the department's an order to cease operations under par. (c).

SB21,2867 Section 2867. 102.28 (6) of the statutes is amended to read:

SB21,1135,6 102.28 (6) Reports by employer. Every employer shall upon Upon request of the department office, an employer shall report to it the office the number of employees and employed by the employer, the nature of their work and also, the name of the insurance company with whom which the employer has insured its liability under this chapter, and the policy number and date of expiration of such the policy insuring that liability. Failure to furnish such a report requested under this subsection within 10 days from the making of a request after the request is sent to the employer by certified mail shall constitute constitutes presumptive evidence that the delinquent employer is violating in violation of sub. (2).

SB21,2868 Section 2868. 102.28 (7) (a) of the statutes is amended to read:

SB21,1135,22 102.28 (7) (a) If an employer who is currently or was formerly exempted by written order of the department under sub. (2) is unable to pay an award, judgment is rendered in accordance with s. 102.20 against that employer, and execution is levied and returned unsatisfied in whole or in part, payments for the employer's liability shall be made from the fund established under sub. (8). If a currently or formerly exempted employer files for bankruptcy and if not less than 60 days after that filing the department office has reason to believe that compensation payments due are not being paid, the department office in its discretion may make payment for the employer's liability from the fund established under sub. (8). The secretary of administration shall proceed to recover such those payments from the employer or the employer's receiver or trustee in bankruptcy, and may commence an action or proceeding or file a claim therefor to recover those payments. The attorney general shall appear on behalf of the secretary of administration in any such action or proceeding. All moneys recovered in any such action or proceeding shall be paid into the fund established under sub. (8).

SB21,2869 Section 2869. 102.28 (7) (b) of the statutes is amended to read:

SB21,1136,18 102.28 (7) (b) Each Upon the issuance of an initial order exempting an employer under sub. (2), the employer exempted by written order of the department under sub. (2) shall pay into the fund established by under sub. (8) a sum equal to that the amount assessed against each of the other such exempt employers upon the issuance of an initial order that are exempt under sub. (2). The order shall provide for a sum that is sufficient to secure estimated payments of the insolvent exempt employer due for the period up to the date of the order and for one year following the date of the order and to pay the estimated cost of insurance carrier or insurance service organization services under par. (c). Payments ordered to be made to the fund shall be paid to the department office within 30 days after the date of the order. If additional moneys are required, further assessments shall be made based on orders of the department office with assessment those assessments to be prorated on the basis of the gross payroll for this state of the exempt employer, as reported to the department of workforce development for the previous calendar year for unemployment insurance purposes under ch. 108. If the exempt employer is not covered under ch. 108, then the department office shall determine the comparable gross payroll for the exempt employer. If payment of any assessment made under this subsection paragraph is not made within 30 days of after the date of the order of the department office, the attorney general may appear on behalf of the state to collect the assessment.

SB21,2870 Section 2870. 102.28 (7) (c) of the statutes is amended to read:

SB21,1136,23 102.28 (7) (c) The department office may retain an insurance carrier or insurance service organization to process, investigate, and pay valid claims. The charge for such service those services shall be paid from the fund as provided under par. (b).

SB21,2871 Section 2871. 102.28 (8) of the statutes is amended to read:

SB21,1137,5 102.28 (8) Self-insured employers liability fund. The moneys paid into the state treasury under sub. (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the self-insured employers liability fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) 20.145 (6) (s) and may not be used for an any other purpose of the state.

SB21,2872 Section 2872. 102.29 (1) (a) of the statutes is amended to read:

SB21,1137,23 102.29 (1) (a) The making of a claim for compensation against an employer or compensation insurer for the injury or death of an employee shall does not affect the right of the employee, the employee's personal representative, or other person entitled to bring action to make a claim or maintain an action in tort against any other party for such that injury or death, hereinafter referred to as a 3rd party; nor shall does the making of a claim by any such person against a 3rd party for damages by reason of an injury to which ss. 102.03 to 102.66 are applicable, or the adjustment of any such claim, affect the right of the injured employee or the employee's dependents to recover compensation. An employer or compensation insurer that has paid or is obligated to pay a lawful claim under this chapter shall have the same right to make a claim or maintain an action in tort against any other party for such that injury or death. If the department office pays or is obligated to pay a claim under s. 102.66 (1) or 102.81 (1), the department office shall also have the right to make a claim or maintain an action in tort against any other party for the employee's injury or death. However, each party shall give to the other parties reasonable notice and, the opportunity to join in the making of such a claim or the instituting of such an action, and the opportunity to be represented by counsel.

SB21,2873 Section 2873. 102.29 (1) (b) (intro.) of the statutes is amended to read:

SB21,1138,11 102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the department office shall become the agent of that party for the giving of a notice as required in par. (a) and the notice, when given to the department office, shall include an affidavit setting forth the facts, including the steps taken to locate that party. Each party shall have an equal voice in the prosecution of the claim, and any disputes arising shall be passed upon by the court before whom the case is pending, and if no action is pending, then by a court of record or by the department division. If notice is given as provided in par. (a), the liability of the tort-feasor shall be determined as to all parties having a right to make claim and, irrespective of whether or not all parties join in prosecuting the claim, the proceeds of the claim shall be divided as follows:

SB21,2874 Section 2874. 102.29 (1) (b) 2. of the statutes is amended to read:

SB21,1138,20 102.29 (1) (b) 2. Out of the balance remaining after the deduction and payment specified in subd. 1., the employer, the insurance carrier, or, if applicable, the uninsured employers fund or the work injury supplemental benefit fund shall be reimbursed for all payments made by the employer, insurance carrier, or department office, or which that the employer, insurance carrier, or department office may be obligated to make in the future, under this chapter, except that the employer, insurance carrier, or department office shall not be reimbursed for any payments made or to be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57, or 102.60.