SB21: Bill Text

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.

SB21,2875 Section 2875. 102.29 (1) (c) of the statutes is amended to read:

SB21,1139,2 102.29 (1) (c) If both the employee or the employee's personal representative or other person entitled to bring action, and the employer, compensation insurer, or department office, join in the pressing of said claim and are represented by counsel, the attorney fees allowed as a part of the costs of collection shall be, unless otherwise agreed upon, divided between the attorneys for those parties as directed by the court or by the department division.

SB21,2876 Section 2876. 102.29 (1) (d) of the statutes is amended to read:

SB21,1139,7 102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the settlement and the distribution of the proceeds of the settlement are approved by the court before whom the action is pending or, if no action is pending, then by a court of record or by the department division.

SB21,2877 Section 2877. 102.29 (4) of the statutes is amended to read:

SB21,1139,15 102.29 (4) If the employer and the 3rd party are insured by the same insurer, or by the insurers who are under common control, the employer's insurer shall promptly notify the parties in interest and the department office. If the employer has assumed the liability of the 3rd party, it the employer shall give similar notice, in default of which any settlement with an injured employee or beneficiary is void. This subsection does not prevent the employer or compensation insurer from sharing in the proceeds of any 3rd-party claim or action, as set forth as provided in sub. (1).

SB21,2878 Section 2878. 102.29 (8) of the statutes is amended to read:

SB21,1139,23 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private school, as defined in s. 115.001 (3r), or an institution of higher education who is named under s. 102.077 as an employee of the school district, private school, or institution of higher education for purposes of this chapter and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer that provided the work training or work experience from which the claim arose.

SB21,2879 Section 2879. 102.30 (7) (a) of the statutes is amended to read:

SB21,1140,6 102.30 (7) (a) The department office may order direct reimbursement out of the proceeds payable under this chapter for payments made under a nonindustrial insurance policy covering the same disability and expenses compensable under s. 102.42 when the claimant consents or when it is established that the payments under the nonindustrial insurance policy were improper. No attorney fee is due with respect to that reimbursement.

SB21,2880 Section 2880. 102.31 (1) (b) of the statutes is amended to read:

SB21,1140,11 102.31 (1) (b) Except as provided in par. (c), a contract under par. (a) shall be construed to grant full coverage of all liability of the assured under this chapter unless the department office specifically consents by written order to the issuance of a contract providing divided insurance or partial insurance.

SB21,2881 Section 2881. 102.31 (2) (a) of the statutes is amended to read:

SB21,1141,9 102.31 (2) (a) No party to a contract of insurance may cancel the contract within the contract period or terminate or not renew nonrenew the contract upon the expiration date of the contract until a notice in writing is given to the other party fixing the proposed date of cancellation or declaring that the party intends to terminate or does not intend to renew nonrenew the policy contract upon expiration. Except as provided in par. (b), when an insurance company does not renew nonrenews a policy contract upon expiration, the nonrenewal is not effective until 60 days after the insurance company has given written notice of the nonrenewal to the insured employer and the department office. Cancellation or termination of a policy contract by an insurance company for any reason other than nonrenewal is not effective until 30 days after the insurance company has given written notice of the cancellation or termination to the insured employer and the department office. Notice to the department office may be given by personal service of the notice upon the department office at its office in Madison or by sending the notice to the department office in a medium approved by the department office. The department office may provide by rule that the a notice of cancellation or termination be given to the Wisconsin compensation rating bureau rather than to the department office in a medium approved by the department office after consultation with the Wisconsin compensation rating bureau. Whenever the Wisconsin compensation rating bureau receives such a notice of cancellation or termination it that bureau shall immediately notify the department office of the notice of cancellation or termination.

SB21,2882 Section 2882. 102.31 (3) of the statutes is amended to read:

SB21,1141,18 102.31 (3) The department office may examine from time to time the books and records of any insurer insuring the liability or for compensation for of an employer in this state. The department may require an insurer to designate one mailing address for use by the department and to respond to correspondence from the department within 30 days as provided in s. 601.42. Any insurer that refuses or fails to answer correspondence from the department or to allow the department to examine its books and records as required under s. 601.42 is subject to enforcement proceedings under s. 601.64.

SB21,2883 Section 2883. 102.31 (4) of the statutes is amended to read:

SB21,1142,5 102.31 (4) If any insurer authorized to transact worker's compensation insurance in this state fails to promptly pay claims for compensation for which it the insurer is liable or fails to make reports to the department office required by under s. 102.38, the department may recommend to the commissioner of insurance, with detailed reasons, that enforcement proceedings under s. 601.64 be invoked. The commissioner shall furnish a copy of the recommendation to the insurer and shall set a date for a hearing, at which both the insurer and the department shall be afforded an opportunity to present evidence. If after the hearing the commissioner finds that the insurer has failed to carry out its obligations under this chapter, the commissioner shall may institute enforcement proceedings under s. 601.64. If the commissioner does not so find, the commissioner shall dismiss the complaint.

SB21,2884 Section 2884. 102.31 (5) of the statutes is amended to read:

SB21,1142,11 102.31 (5) If any employer whom the department office has exempted from carrying the duty to carry compensation insurance arbitrarily or unreasonably refuses employment to or discharges employees an employee because of a nondisabling physical condition, the department office shall revoke the exemption of that employer.

SB21,2885 Section 2885. 102.31 (6) of the statutes is repealed.

SB21,2886 Section 2886. 102.31 (7) of the statutes is amended to read:

SB21,1142,22 102.31 (7) If the department office by one or more written orders specifically consents to the issuance of one or more contracts covering only the liability incurred on a construction project and if the construction project owner designates the insurance carrier and pays for each such contract, the construction project owner shall reimburse the department office for all costs incurred by the department office in issuing the written orders and in ensuring minimum confusion and maximum safety on the construction project. All moneys received under this subsection shall be deposited in the worker's compensation operations fund and credited to the appropriation account under s. 20.445 (1) 20.145 (6) (rb).

SB21,2887 Section 2887. 102.31 (8) of the statutes is amended to read:

SB21,1143,9 102.31 (8) The Wisconsin compensation rating bureau shall provide the department office with any information that the department office may request relating to worker's compensation insurance coverage, including the names of employers insured and any insured employer's address, business status, type and date of coverage, manual premium code, and policy information including policy numbers, cancellations, terminations, endorsements, and reinstatement dates. The department office may enter into contracts with the Wisconsin compensation rating bureau to share the costs of data processing and other services. No information obtained by the department office under this subsection may be made public by the department office except as authorized by the Wisconsin compensation rating bureau.

SB21,2888 Section 2888. 102.315 (4) of the statutes is amended to read:

SB21,1144,2 102.315 (4) Master policy; approval required. An employee leasing company may insure its liability under sub. (2) by obtaining a master policy that has been approved by the commissioner of insurance as provided in this subsection. The commissioner of insurance may approve the issuance of a master policy if the insurer proposing to issue the master policy submits a filing to the bureau showing that the insurer has the technological capacity and operation capability to provide to the bureau information, including unit statistical data, information concerning proof of coverage and cancellation, termination, and nonrenewal of coverage, and any other information that the bureau may require, at the client level and in a format required by the bureau and the bureau submits the filing to the commissioner of insurance for approval under s. 626.13. A master policy filing under this subsection shall also establish basic manual rules governing the issuance of an insurance policy covering the leased employees of a divided workforce that are consistent with sub. (6) and the cancellation, termination, and nonrenewal of policies that are consistent with sub. (10). On approval by the commissioner of insurance of a master policy filing, an insurer may issue a master policy to an employee leasing company insuring the liability of the employee leasing company under sub. (2).

SB21,2889 Section 2889. 102.315 (5) (b) (intro.) of the statutes is amended to read:

SB21,1144,7 102.315 (5) (b) (intro.) Within 30 days after the effective date of an employee leasing agreement with a small client that is covered under a master policy under par. (a), the employee leasing company shall report to the department office all of the following information:

SB21,2890 Section 2890. 102.315 (5) (c) of the statutes is amended to read:

SB21,1144,17 102.315 (5) (c) Within 30 days after the effective date of coverage of a small client under a master policy under par. (a), the insurer or, if authorized by the insurer, the employee leasing company shall file proof of that coverage with the department office. Coverage of a small client under a master policy becomes binding when the insurer or employee leasing company files proof of that coverage under this paragraph or provides notice of coverage to the small client, whichever occurs first. Nothing in this paragraph requires an employee leasing company or an employee of an employee leasing company to be licensed as an insurance intermediary under ch. 628.

SB21,2891 Section 2891. 102.315 (6) (a) of the statutes is amended to read:

SB21,1145,3 102.315 (6) (a) If a client notifies the department office as provided under par. (b) of its intent to have a divided workforce, an insurer may issue a worker's compensation insurance policy covering only the leased employees of the client. An insurer that issues a policy covering only the leased employees of a client is not liable under s. 102.03 for any compensation payable under this chapter to an employee of the client who is not a leased employee unless the insurer also issues a policy covering that employee. A client that has a divided workforce shall insure its employees who are not leased employees in the voluntary market and may not insure those employees under the mandatory risk-sharing plan under s. 619.01 unless the leased employees of the client are covered under that plan.