AB64: Bill Text

AB64,1344 Section 1344 . 102.23 (1) (c) of the statutes is amended to read:

AB64,635,12 102.23 (1) (c) The commission division shall serve its answer to the complaint within 20 days after the service of the complaint. Except as provided in par. (cm), any other defendant may serve an answer to the complaint within 20 days after the service of the complaint, which answer may, by way of counterclaim or cross complaint, ask for the review of the order or award referred to in the complaint, with the same effect as if the defendant had commenced a separate action for the review of the order or award.

AB64,1345 Section 1345 . 102.23 (1) (d) of the statutes is amended to read:

AB64,635,22 102.23 (1) (d) The commission division shall make return to the court of all documents and papers on file in the matter, all testimony that has been taken, and the commission's administrator's order, findings, and award. Such return of the commission division when filed in the office of the clerk of the circuit court shall, together with the papers specified in s. 809.15, constitute a judgment roll in the action; and it shall not be necessary to have a transcript approved. The action may thereupon be brought on for hearing before the court upon the record by any party on 10 days' notice to the other; subject, however, to the provisions of law for a change of the place of trial or the calling in substitution of another judge.

AB64,1346 Section 1346 . 102.23 (1) (e) 1. of the statutes is amended to read:

AB64,635,25 102.23 (1) (e) 1. That the commission administrator or the examiner acted without or in excess of its his or her powers.

AB64,1347 Section 1347. 102.23 (1) (e) 3. of the statutes is amended to read:

AB64,636,3 102.23 (1) (e) 3. That the findings of fact by the commission examiner do not support the order or award.

AB64,1348 Section 1348 . 102.23 (2) of the statutes is amended to read:

AB64,636,8 102.23 (2) Upon the trial of an action for review of an order or award the The court shall disregard any irregularity or error of the commission administrator, the department, or the division unless it is made to affirmatively appear that the plaintiff was damaged by that irregularity or error.

AB64,1349 Section 1349 . 102.23 (5) of the statutes is amended to read:

AB64,636,14 102.23 (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, the division, the commission administrator, or a court to pay compensation is not relieved from paying compensation as ordered.

AB64,1350 Section 1350 . 102.23 (6) of the statutes is amended to read:

AB64,636,22 102.23 (6) If the commission's an order or award depends on any fact found by the commission an examiner, the court shall not substitute its judgment for that of the commission examiner as to the weight or credibility of the evidence on any finding of fact. The court may, however, set aside the commission's an order or award and remand the case to the commission if the commission's order or award depends on any material and controverted finding of fact that is not supported by credible and substantial evidence.

AB64,1351 Section 1351 . 102.24 (1) of the statutes is amended to read:

AB64,637,7 102.24 (1) Upon the setting aside of any order or award, the court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings, or it the court may enter the proper judgment upon the findings of the commission administrator, as the nature of the case shall may demand. An abstract of the judgment entered by the trial court upon the review of any order or award shall be made by the clerk of circuit court upon the judgment and lien docket entry of any judgment which may have been rendered upon the order or award. Transcripts of the abstract may be obtained for like entry upon the judgment and lien dockets of the courts of other counties.

AB64,1352 Section 1352 . 102.24 (2) of the statutes is amended to read:

AB64,637,17 102.24 (2) After the commencement of an action to review any order or award of the commission administrator, the parties may have the record remanded by the court for such time and under such condition as the parties may provide, for the purpose of having the department or the 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 department or the division shall immediately return the record to the circuit court and the action shall proceed as if no remand had been made.

AB64,1353 Section 1353 . 102.25 (1) of the statutes is amended to read:

AB64,638,5 102.25 (1) Any party aggrieved by a judgment entered upon the review of any order or award may appeal the judgment within the period specified in s. 808.04 (1). A trial court may not require the commission division 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 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 or the division in the same manner and for the same purposes as provided for remanding from the circuit court to the department or the division under s. 102.24 (2).

AB64,1354 Section 1354 . 102.25 (2) of the statutes is amended to read:

AB64,638,9 102.25 (2) It shall be the duty of the The clerk of any court rendering a decision affecting an award of the commission to administrator shall promptly furnish the commission division with a copy of such the decision without charge.

AB64,1355 Section 1355 . 102.26 (1) of the statutes is amended to read:

AB64,638,15 102.26 (1) No fees may be charged by the The clerk of any circuit court may not charge a fee for the performance of any service required by this chapter, except fees for the entry of judgments and certified transcripts of judgments. In proceedings to review an order or award, costs as between the parties shall be in the discretion of the court, but no costs may be taxed against the commission division.

AB64,1356 Section 1356 . 102.33 (2) (a) of the statutes is amended to read:

AB64,638,19 102.33 (2) (a) Except as provided in pars. (b) and (c), the records of the department, and the division , and the commission, related to the administration of this chapter are subject to inspection and copying under s. 19.35 (1).

AB64,1357 Section 1357 . 102.33 (2) (b) (intro.) of the statutes is amended to read:

AB64,639,8 102.33 (2) (b) (intro.) Except as provided in this paragraph and par. (d), a record maintained by the department, or the division, or the commission that reveals the identity of an employee who claims worker's compensation benefits, the nature of the employee's claimed injury, the employee's past or present medical condition, the extent of the employee's disability, or the amount, type, or duration of benefits paid to the employee and a record maintained by the department that reveals any financial information provided to the department by a self-insured employer or by an applicant for exemption under s. 102.28 (2) (b) are confidential and not open to public inspection or copying under s. 19.35 (1). The department , or the division, or the commission may deny a request made under s. 19.35 (1) or, subject to s. 102.17 (2m) and (2s), refuse to honor a subpoena issued by an attorney of record in a civil or criminal action or special proceeding to inspect and copy a record that is confidential under this paragraph, unless one of the following applies:

AB64,1358 Section 1358 . 102.33 (2) (b) 1. of the statutes is amended to read:

AB64,639,14 102.33 (2) (b) 1. The requester is the employee who is the subject of the record or an attorney or authorized agent of that employee. An attorney or authorized agent of an employee who is the subject of a record shall provide a written authorization for inspection and copying from the employee if requested by the department, or the division, or the commission.

AB64,1359 Section 1359 . 102.33 (2) (b) 2. of the statutes is amended to read:

AB64,640,2 102.33 (2) (b) 2. The record that is requested contains confidential information concerning a worker's compensation claim and the requester is an insurance carrier or employer that is a party to any worker's compensation claim involving the same employee or an attorney or authorized agent of that insurance carrier or employer, except that the department, or the division, or the commission is not required to do a random search of its records and may require the requester to provide the approximate date of the injury and any other relevant information that would assist the department, or the division , or the commission in finding the record requested. An attorney or authorized agent of an insurance carrier or employer that is a party to an employee's worker's compensation claim shall provide a written authorization for inspection and copying from the insurance carrier or employer if requested by the department, or the division , or the commission.

AB64,1360 Section 1360 . 102.33 (2) (b) 4. of the statutes is amended to read:

AB64,640,5 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the department, or the division , or the commission to release the record.

AB64,1361 Section 1361 . 102.33 (2) (c) of the statutes is amended to read:

AB64,640,12 102.33 (2) (c) A record maintained by the department , or the division, or the commission that contains employer or insurer information obtained from the Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is confidential and not open to public inspection or copying under s. 19.35 (1) unless the Wisconsin compensation rating bureau authorizes public inspection or copying of that information.

AB64,1362 Section 1362 . 102.33 (2) (d) 2. of the statutes is amended to read:

AB64,641,4 102.33 (2) (d) 2. The department, or the division, or the commission may release information that is confidential under par. (b) to a government unit, an institution of higher education, or a nonprofit research organization for purposes of research and may release information that is confidential under par. (c) to those persons for that purpose if the Wisconsin compensation rating bureau authorizes that release. A government unit, institution of higher education, or nonprofit research organization may not permit inspection or disclosure of any information released to it under this subdivision that is confidential under par. (b) unless the department , or the division, or the commission authorizes that inspection or disclosure and may not permit inspection or disclosure of any information released to it under this subdivision that is confidential under par. (c) unless the department, or the division, or the commission, and the Wisconsin compensation rating bureau, authorize the inspection or disclosure. A government unit, institution of higher education, or nonprofit research organization that obtains any confidential information under this subdivision for purposes of research shall provide the results of that research free of charge to the person that released or authorized the release of that information.

AB64,1363 Section 1363 . 102.565 (3) of the statutes is amended to read:

AB64,641,9 102.565 (3) If after direction by the commission, or any member of the commission, the department, the division, or an examiner, an employee refuses to submit to an examination or in any way obstructs the examination, the employee's right to compensation under this section shall be barred.

AB64,1364 Section 1364 . 102.61 (2) of the statutes is amended to read:

AB64,641,17 102.61 (2) The division, the commission administrator, and the courts shall determine the rights and liabilities of the parties under this section in like manner and with like effect as the division, the commission administrator, and the courts determine other issues under this chapter. A determination under this subsection may include a determination based on the evidence regarding the cost or scope of the services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program developed under sub. (1m) (a).

AB64,1365 Section 1365 . 102.64 (title) of the statutes is amended to read:

AB64,641,19 102.64 (title) Attorney general shall represent state and commission.

AB64,1366 Section 1366 . 102.64 (3) of the statutes is amended to read:

AB64,642,2 102.64 (3) In any action to review an order or award of the commission administrator, and upon any appeal therein to the court of appeals, the attorney general shall appear on behalf of the commission division, whether any other party defendant shall be is represented or not, except that in actions brought by the state the governor shall appoint an attorney to appear on behalf of the commission division.

AB64,1367 Section 1367 . 102.75 (1) of the statutes is amended to read:

AB64,642,18 102.75 (1) The department shall assess upon and collect from each licensed worker's compensation insurance carrier and from each employer exempted under s. 102.28 (2) (b) or (bm) from the duty to carry insurance under s. 102.28 (2) (a) the proportion of total costs and expenses incurred by the council on worker's compensation for travel and research and by the department, and the division, and the commission in the administration of this chapter for the current fiscal year, plus any deficiencies in collections and anticipated costs from the previous fiscal year, that the total indemnity paid or payable under this chapter by each such carrier and exempt employer in worker's compensation cases initially closed during the preceding calendar year, other than for increased, double, or treble compensation, bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers and exempt employers, other than for increased, double, or treble compensation. The council on worker's compensation, and the division, and the commission shall annually certify any costs and expenses for worker's compensation activities to the department at such time as the secretary requires.

AB64,1368 Section 1368 . 102.75 (1m) of the statutes is amended to read:

AB64,642,24 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in ss. 20.427 (1) (ra) and s. 20.445 (1) (ra), (rb), and (rp) and may not be used for any other purpose of the state.

AB64,1369 Section 1369. 103.001 (1) of the statutes is repealed.

AB64,1370 Section 1370. 103.001 (2) of the statutes is repealed.

AB64,1371 Section 1371 . 103.005 (14) (c) of the statutes is amended to read:

AB64,643,10 103.005 (14) (c) Any commissioner, the The secretary or any deputy of the department may enter any place of employment or public building for the purpose of collecting facts and statistics and bringing to the attention of every employer or owner any law relating to the regulation of employment or any order of the department and any failure on the part of such the employer or owner to comply with that law or order. No employer or owner may refuse to admit any commissioner, the secretary or any deputy of the department to his or her place of employment or public building.

AB64,1372 Section 1372 . 103.005 (16) of the statutes is amended to read:

AB64,643,13 103.005 (16) Each of the commissioners, the The secretary or any deputy secretary may certify to official acts, and take testimony.

AB64,1373 Section 1373. 103.04 of the statutes is repealed.

AB64,1374 Section 1374 . 103.06 (1) (a) of the statutes is renumbered 103.06 (1) (ar).

AB64,1375 Section 1375 . 103.06 (1) (ag) of the statutes is created to read:

AB64,643,18 103.06 (1) (ag) “Administrator” means the administrator of the division of the department that is responsible for administering this section.

AB64,1376 Section 1376 . 103.06 (6) (c) of the statutes is amended to read:

AB64,644,7 103.06 (6) (c) The employer or the department may request a review of an appeal tribunal's decision by petitioning the commission filing, within 21 days after the decision was electronically delivered to the employer or mailed to the employer's last-known address, a petition with the department for review of the decision within 21 days after the decision was mailed to the employer's last-known address. The commission by the administrator. The administrator shall conduct the review in the manner described in s. 108.09 (6). An order to stop work that is in effect under par. (b) 3. shall remain in effect as provided in par. (b) 3. during the pendency of a review under this paragraph. A decision of the commission administrator under this paragraph is final and the provisions of s. 108.10 (6) and (7) shall apply to the decision unless judicial review of the decision is requested under par. (d). A decision of the commission administrator under this paragraph is subject to judicial review only as provided in par. (d) and not as provided in ch. 227.

AB64,1377 Section 1377. 103.06 (6) (d) of the statutes is amended to read:

AB64,644,16 103.06 (6) (d) The employer or the department may commence an action for the judicial review of a decision of the commission administrator under par. (c) within 30 days after the administrator's decision was electronically delivered to the employer or mailed to the employer's last-known address. The scope of judicial review under this paragraph, and the manner of that review insofar as is applicable, shall be the same as that provided in s. 108.09 (7). An order to stop work that is in effect under par. (b) 3. shall remain in effect as provided in par. (b) 3. during the pendency of a review under this paragraph.

AB64,1378 Section 1378. 103.06 (6) (e) of the statutes is amended to read:

AB64,644,25 103.06 (6) (e) In addition to any forfeiture for which the employer may be liable under sub. (5) (c) and any other penalty for which the employer may be liable for a violation of a requirement specified in sub. (3) (a), any employer that violates a final order to stop work of the department under sub. (5) (b) or final decision of an appeal tribunal, the commission administrator, or a court affirming such an order under par. (b), (c), or (d) is subject to a forfeiture of $1,000 for each day of violation. An employer may seek review of a forfeiture imposed under this paragraph in the same manner as an order to stop work is reviewed under pars. (a) to (d).

AB64,1379 Section 1379. 103.10 (12) (b) of the statutes is amended to read:

AB64,645,13 103.10 (12) (b) An employee who believes his or her employer has violated sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. Except as provided in s. 230.45 (1m), the department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. The parties may also attempt to resolve the complaint through offers of settlement in accordance with s. 103.12. If the complaint is not resolved through settlement under s. 103.12 or otherwise and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after the department receives the complaint.

AB64,1380 Section 1380 . 103.10 (12) (d) of the statutes is amended to read:

AB64,645,21 103.10 (12) (d) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a) or (b), it may, except as provided in s. 103.12 (12), order the employer to take action to remedy the violation, including providing requested family leave or medical leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed and paying reasonable actual attorney fees to the complainant.

AB64,1381 Section 1381 . 103.11 (12) (a) of the statutes is amended to read:

AB64,646,8 103.11 (12) (a) An employee who believes his or her employer has violated sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. The department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation, or persuasion. The parties may also attempt to resolve the complaint through offers of settlement in accordance with s. 103.12. If the complaint is not resolved through settlement under s. 103.12 or otherwise and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after the department receives the complaint.

AB64,1382 Section 1382 . 103.11 (12) (b) of the statutes is amended to read:

AB64,646,16 103.11 (12) (b) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a) or (b), it may, except as provided in s. 103.12 (12), order the employer to take action to remedy the violation, including providing the requested bone marrow and organ donation leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and paying reasonable actual attorney fees to the complainant.

AB64,1383 Section 1383. 103.12 of the statutes is created to read:

AB64,646,18 103.12 Offers of settlement. (1) In this section:

AB64,646,20 (a) “More favorable award” means an order under s. 103.10 (12) (d) or 103.11 (12) (b) to which either of the following applies:

AB64,646,23 1. The order includes an order of reinstatement, or for some other substantive or tangible benefit besides a mere finding that the law was violated, that was not provided for in a settlement offer made under this section.

AB64,647,3 2. The order includes a monetary award to the complainant that, exclusive of the complainant's pre-offer costs and post-offer costs, exceeds the compensation provided for in a settlement offer made under this section.

AB64,647,5 (b) “Prejudgment interest” means interest at an annual rate equal to 1 percent plus the prime rate in effect on the date of the settlement offer.

AB64,647,9 (c) “Pre-offer costs” and “post-offer costs” include reasonable attorney fees, filing fees, subpoena fees, copying costs, court reporter fees, reasonable investigative costs, reasonable travel expenses, and all other similar fees and expenses related to litigating the complaint.

AB64,647,11 (2) This section applies with respect to complaints under s. 103.10 (12) or 103.11 (12).

AB64,647,16 (3) Unless otherwise specified, a settlement offer made under this section is an offer to resolve all claims between the parties. Settlement offers made under this section shall be construed as including all compensation that may be awarded under s. 103.10 (12) (d) or 103.11 (12) (b) or in a civil action under s. 103.10 (13) or 103.11 (13).

AB64,647,21 (4) At any time between 10 days after a complaint is filed under s. 103.10 (12) (b) or 103.11 (12) (a) and 10 days prior to commencement of a hearing under s. 103.10 (12) (b) or 103.11 (12) (a), any party may serve an offer upon any other party to the action for settlement to be entered in accordance with the terms and conditions stated at that time.

AB64,647,23 (5) A settlement offer under sub. (4) shall include a citation to this section and shall satisfy all of the following:

AB64,647,24 (a) Be in writing.

AB64,647,25 (b) Identify parties making the offer and the parties to whom the offer is made.

AB64,648,1 (c) Identify generally the claim the offer is attempting to resolve.

AB64,648,2 (d) State the terms and conditions of the offer.