SB59,1192
12Section
1192. 102.32 (1m) (intro.) of the statutes is amended to read:
SB59,721,1713
102.32
(1m) (intro.) In any case in which compensation payments for an injury
14have extended or will extend over 6 months or more after the date of the injury or in
15any case in which death benefits are payable, any party in interest may, in the
16discretion of the department
or the division, be discharged from, or compelled to
17guarantee, future compensation payments by doing any of the following:
SB59,1193
18Section
1193. 102.32 (1m) (a) of the statutes is amended to read:
SB59,721,2219
102.32
(1m) (a) Depositing the present value of the total unpaid compensation
20upon a 5 percent interest discount basis with a credit union, savings bank, savings
21and loan association, bank, or trust company designated by the department
or the
22division.
SB59,1194
23Section
1194. 102.32 (1m) (c) of the statutes is amended to read:
SB59,721,2524
102.32
(1m) (c) Making payment in gross upon a 5 percent interest discount
25basis to be approved by the department
or the division.
SB59,1195
1Section
1195. 102.32 (1m) (d) of the statutes is amended to read:
SB59,722,152
102.32
(1m) (d) In cases in which the time for making payments or the amounts
3of payments cannot be definitely determined, furnishing a bond, or other security,
4satisfactory to the department
or the division for the payment of compensation as
5may be due or become due. The acceptance of the bond, or other security, and the form
6and sufficiency of the bond or other security, shall be subject to the approval of the
7department
or the division. If the employer or insurer is unable or fails to
8immediately procure the bond, the employer or insurer, in lieu of procuring the bond,
9shall deposit with a credit union, savings bank, savings and loan association, bank,
10or trust company designated by the department
or the division the maximum
11amount that may reasonably become payable in those cases, to be determined by the
12department
or the division at amounts consistent with the extent of the injuries and
13the law. The bonds and deposits may be reduced only to satisfy claims and may be
14withdrawn only after the claims which they are to guarantee are fully satisfied or
15liquidated under par. (a), (b), or (c).
SB59,1196
16Section
1196. 102.32 (5) of the statutes is amended to read:
SB59,722,2317
102.32
(5) Any insured employer may, in the discretion of the department
or
18the division, compel the insurer to discharge, or to guarantee payment of, the
19employer's liabilities in any case described in sub. (1m) and by that discharge or
20guarantee release the employer from liability for compensation in that case, except
21that if for any reason a bond furnished or deposit made under sub. (1m) (d) does not
22fully protect the beneficiary of the bond or deposit, the compensation insurer or
23insured employer, as the case may be, shall still be liable to that beneficiary.
SB59,1197
24Section
1197. 102.32 (6m) of the statutes is amended to read:
SB59,723,8
1102.32
(6m) The department
or the division may direct an advance on a
2payment of unaccrued compensation for permanent disability or death benefits if the
3department
or the division determines that the advance payment is in the best
4interest of the injured employee or the employee's dependents. In directing the
5advance, the department
or the division shall give the employer or the employer's
6insurer an interest credit against its liability. The credit shall be computed at 5
7percent. An injured employee or dependent may receive no more than 3 advance
8payments per calendar year.
SB59,1198
9Section
1198. 102.32 (7) of the statutes is amended to read:
SB59,723,1310
102.32
(7) No lump sum settlement shall be allowed in any case of permanent
11total disability upon an estimated life expectancy, except upon consent of all parties,
12after hearing and finding by the
division department that the interests of the injured
13employee will be conserved by the lump sum settlement.
SB59,1199
14Section
1199. 102.33 (1) of the statutes is amended to read:
SB59,723,1915
102.33
(1) The department
and the division shall print and furnish free to any
16employer or employee any blank forms that are necessary to facilitate efficient
17administration of this chapter. The department
and the division shall keep any
18record books or records that are necessary for the proper and efficient administration
19of this chapter.
SB59,1200
20Section
1200. 102.33 (2) (a) of the statutes is amended to read:
SB59,723,2321
102.33
(2) (a) Except as provided in pars. (b) and (c), the records of the
22department
, the division, and the commission
, related to the administration of this
23chapter are subject to inspection and copying under s. 19.35 (1).
SB59,1201
24Section
1201. 102.33 (2) (b) (intro.) of the statutes is amended to read:
SB59,724,13
1102.33
(2) (b) (intro.) Except as provided in this paragraph and par. (d), a record
2maintained by the department
, the division, or the commission that reveals the
3identity of an employee who claims worker's compensation benefits, the nature of the
4employee's claimed injury, the employee's past or present medical condition, the
5extent of the employee's disability, or the amount, type, or duration of benefits paid
6to the employee and a record maintained by the department that reveals any
7financial information provided to the department by a self-insured employer or by
8an applicant for exemption under s. 102.28 (2) (b) are confidential and not open to
9public inspection or copying under s. 19.35 (1). The department
, the division, or the
10commission may deny a request made under s. 19.35 (1) or, subject to s. 102.17 (2m)
11and (2s), refuse to honor a subpoena issued by an attorney of record in a civil or
12criminal action or special proceeding to inspect and copy a record that is confidential
13under this paragraph, unless one of the following applies:
SB59,1202
14Section
1202. 102.33 (2) (b) 1. of the statutes is amended to read:
SB59,724,1915
102.33
(2) (b) 1. The requester is the employee who is the subject of the record
16or an attorney or authorized agent of that employee. An attorney or authorized agent
17of an employee who is the subject of a record shall provide a written authorization
18for inspection and copying from the employee if requested by the department
, the
19division, or the commission.
SB59,1203
20Section
1203. 102.33 (2) (b) 2. of the statutes is amended to read:
SB59,725,721
102.33
(2) (b) 2. The record that is requested contains confidential information
22concerning a worker's compensation claim and the requester is an insurance carrier
23or employer that is a party to any worker's compensation claim involving the same
24employee or an attorney or authorized agent of that insurance carrier or employer,
25except that the department
, the division, or the commission is not required to do a
1random search of its records and may require the requester to provide the
2approximate date of the injury and any other relevant information that would assist
3the department
, the division, or the commission in finding the record requested. An
4attorney or authorized agent of an insurance carrier or employer that is a party to
5an employee's worker's compensation claim shall provide a written authorization for
6inspection and copying from the insurance carrier or employer if requested by the
7department
, the division, or the commission.
SB59,1204
8Section
1204. 102.33 (2) (b) 4. of the statutes is amended to read:
SB59,725,109
102.33
(2) (b) 4. A court of competent jurisdiction in this state orders the
10department
, the division, or the commission to release the record.
SB59,1205
11Section
1205. 102.33 (2) (c) of the statutes is amended to read:
SB59,725,1712
102.33
(2) (c) A record maintained by the department
, the division, or the
13commission that contains employer or insurer information obtained from the
14Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is
15confidential and not open to public inspection or copying under s. 19.35 (1) unless the
16Wisconsin compensation rating bureau authorizes public inspection or copying of
17that information.
SB59,1206
18Section
1206. 102.33 (2) (d) 2. of the statutes is amended to read:
SB59,726,919
102.33
(2) (d) 2. The department
, the division, or the commission may release
20information that is confidential under par. (b) to a government unit, an institution
21of higher education, or a nonprofit research organization for purposes of research and
22may release information that is confidential under par. (c) to those persons for that
23purpose if the Wisconsin compensation rating bureau authorizes that release. A
24government unit, institution of higher education, or nonprofit research organization
25may not permit inspection or disclosure of any information released to it under this
1subdivision that is confidential under par. (b) unless the department
, the division, 2or the commission authorizes that inspection or disclosure and may not permit
3inspection or disclosure of any information released to it under this subdivision that
4is confidential under par. (c) unless the department
, the division, or the commission,
5and the Wisconsin compensation rating bureau, authorize the inspection or
6disclosure. A government unit, institution of higher education, or nonprofit research
7organization that obtains any confidential information under this subdivision for
8purposes of research shall provide the results of that research free of charge to the
9person that released or authorized the release of that information.
SB59,1207
10Section
1207. 102.35 (3) of the statutes is amended to read:
SB59,726,1911
102.35
(3) Any employer who without reasonable cause refuses to rehire an
12employee who is injured in the course of employment, when suitable employment is
13available within the employee's physical and mental limitations, upon order of the
14department
or the division, has exclusive liability to pay to the employee, in addition
15to other benefits, the wages lost during the period of such refusal, not exceeding one
16year's wages. In determining the availability of suitable employment the
17continuance in business of the employer shall be considered and any written rules
18promulgated by the employer with respect to seniority or the provisions of any
19collective bargaining agreement with respect to seniority shall govern.
SB59,1208
20Section
1208. 102.42 (1m) of the statutes is amended to read:
SB59,727,521
102.42
(1m) Liability for unnecessary treatment. If an employee who has
22sustained a compensable injury undertakes in good faith invasive treatment that is
23generally medically acceptable, but that is unnecessary, the employer shall pay
24disability indemnity for all disability incurred as a result of that treatment. An
25employer is not liable for disability indemnity for any disability incurred as a result
1of any unnecessary treatment undertaken in good faith that is noninvasive or not
2medically acceptable. This subsection applies to all findings that an employee has
3sustained a compensable injury, whether the finding results from a hearing, the
4default of a party, or a compromise or stipulation confirmed by the department
or the
5division.
SB59,1209
6Section
1209. 102.42 (6) of the statutes is amended to read:
SB59,727,187
102.42
(6) Treatment rejected by employee. Unless the employee has elected
8Christian Science treatment in lieu of medical, surgical, dental, or hospital
9treatment, no compensation shall be payable for the death or disability of an
10employee, if the death is caused, or insofar as the disability may be aggravated,
11caused, or continued by an unreasonable refusal or neglect to submit to or follow any
12competent and reasonable medical, surgical, or dental treatment or, in the case of
13tuberculosis, by refusal or neglect to submit to or follow hospital or medical
14treatment when found by the department
or the division to be necessary. The right
15to compensation accruing during a period of refusal or neglect to submit to or follow
16hospital or medical treatment when found by the department
or the division to be
17necessary in the case of tuberculosis shall be barred, irrespective of whether
18disability was aggravated, caused, or continued by that refusal or neglect.
SB59,1210
19Section
1210. 102.42 (8) of the statutes is amended to read:
SB59,728,220
102.42
(8) Award to state employee. Whenever the department
or the division 21makes an award on behalf of a state employee, the department
or the division shall
22file duplicate copies of the award with the subunit of the department of
23administration responsible for risk management. Upon receipt of the copies of the
24award, the department of administration shall promptly issue a voucher in payment
25of the award from the proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and
1shall transmit one copy of the voucher and the award to the officer, department, or
2agency by whom the affected employee is employed.
SB59,1211
3Section
1211. 102.425 (4m) (a) of the statutes is amended to read:
SB59,728,94
102.425
(4m) (a) The department has jurisdiction under this subsection
, the
5department and the division have jurisdiction under s. and ss. 102.16 (1m) (c)
, and
6the division has jurisdiction under s. 102.17 to resolve a dispute between a
7pharmacist or practitioner and an employer or insurer over the reasonableness of the
8amount charged for a prescription drug dispensed under sub. (2) for outpatient use
9by an injured employee who claims benefits under this chapter.
SB59,1212
10Section
1212. 102.425 (4m) (b) of the statutes is amended to read:
SB59,728,2011
102.425
(4m) (b) An employer or insurer that disputes the reasonableness of
12the amount charged for a prescription drug dispensed under sub. (2) for outpatient
13use by an injured employee or the department
or division under sub. (4) (b) or s.
14102.16 (1m) (c) or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a
15completed bill for the prescription drug, reasonable written notice to the pharmacist
16or practitioner that the charge is being disputed. After receiving reasonable written
17notice under this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1)
18(bg) 3. that a prescription drug charge is being disputed, a pharmacist or practitioner
19may not collect the disputed charge from, or bring an action for collection of the
20disputed charge against, the employee who received the prescription drug.
SB59,1213
21Section
1213. 102.43 (5) (b) of the statutes is amended to read:
SB59,729,722
102.43
(5) (b) Except as provided in s. 102.61 (1g), temporary disability shall
23also include such period as the employee may be receiving instruction under s. 102.61
24(1) or (1m). Temporary disability on account of receiving instruction under s. 102.61
25(1) or (1m), and not otherwise resulting from the injury, shall not be in excess of 80
1weeks. That 80-week limitation does not apply to temporary disability benefits
2under this section, the cost of tuition, fees, books, travel, or maintenance under s.
3102.61 (1), or the cost of private rehabilitation counseling or rehabilitative training
4under s. 102.61 (1m) if the department
or the division determines that additional
5training is warranted. The necessity for additional training as authorized by the
6department
or the division for any employee shall be subject to periodic review and
7reevaluation.
SB59,1214
8Section
1214. 102.43 (9) (e) of the statutes is amended to read:
SB59,729,149
102.43
(9) (e) The employee's employment with the employer has been
10suspended or terminated due to misconduct, as defined in s. 108.04 (5),
by the
11employee connected with the employee's work or
substantial fault, as defined for
12failing to notify his or her employer of absenteeism or tardiness that becomes
13excessive as provided in s. 108.04 (5g)
(a), by the employee connected with the
14employee's work.
SB59,1215
15Section
1215. 102.44 (2) of the statutes is amended to read:
SB59,729,2116
102.44
(2) In case of permanent total disability, aggregate indemnity shall be
17weekly indemnity for the period that the employee may live. Total impairment for
18industrial use of both eyes, the loss of both arms at or near the shoulder, the loss of
19both legs at or near the hip, or the loss of one arm at the shoulder and one leg at the
20hip constitutes permanent total disability. This enumeration is not exclusive, but in
21other cases the
division department shall find the facts.
SB59,1216
22Section
1216. 102.44 (6) (b) of the statutes is amended to read:
SB59,730,323
102.44
(6) (b) If during the period set forth in s. 102.17 (4) the employment
24relationship is terminated by the employer at the time of the injury or by the
25employee because his or her physical or mental limitations prevent his or her
1continuing in such employment, or if during that period a wage loss of 15 percent or
2more occurs, the
division department may reopen any award and make a
3redetermination taking into account loss of earning capacity.
SB59,1217
4Section
1217. 102.475 (6) of the statutes is amended to read:
SB59,730,75
102.475
(6) Proof. In administering this section the department
or the division 6may require reasonable proof of birth, marriage, domestic partnership under ch. 770,
7relationship, or dependency.
SB59,1218
8Section
1218. 102.48 (1) of the statutes is amended to read:
SB59,730,149
102.48
(1) An unestranged surviving parent or parents to whose support the
10deceased has contributed less than $500 in the 52 weeks next preceding the injury
11causing death shall receive a death benefit of $6,500. If the parents are not living
12together, the department
or the division shall divide this sum in such proportion as
13the department
or division considers to be just, considering their ages and other facts
14bearing on dependency.
SB59,1219
15Section
1219. 102.48 (2) of the statutes is amended to read:
SB59,731,416
102.48
(2) In all other cases the death benefit shall be such sum as the
17department
or the division determines to represent fairly and justly the aid to
18support which the dependent might reasonably have anticipated from the deceased
19employee but for the injury. To establish anticipation of support and dependency, it
20shall not be essential that the deceased employee made any contribution to support.
21The aggregate benefits in that case shall not exceed twice the average annual
22earnings of the deceased or 4 times the contributions of the deceased to the support
23of his or her dependents during the year immediately preceding the deceased
24employee's death, whichever amount is the greater. In no event shall the aggregate
25benefits in that case exceed the amount that would accrue to a person who is solely
1and wholly dependent. When there is more than one partial dependent the weekly
2benefit shall be apportioned according to their relative dependency. The term
3“support" as used in ss. 102.42 to 102.63 shall include contributions to the capital
4fund of the dependents for their necessary comfort.
SB59,1220
5Section
1220. 102.48 (3) of the statutes is amended to read:
SB59,731,96
102.48
(3) Except as otherwise provided, a death benefit, other than burial
7expenses, shall be paid in weekly installments corresponding in amount to
8two-thirds of the weekly earnings of the employee, until otherwise ordered by the
9department
or the division.
SB59,1221
10Section
1221. 102.49 (3) of the statutes is amended to read:
SB59,731,1911
102.49
(3) If the employee leaves a spouse or domestic partner under ch. 770
12wholly dependent and also a child by a former marriage, domestic partnership under
13ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same
14in amount as if the child were the child of the surviving spouse or partner, and the
15entire benefit shall be apportioned to the dependents in the amounts that the
16department
or the division determines to be just, considering the ages of the
17dependents and other factors bearing on dependency. The benefit awarded to the
18surviving spouse or partner shall not exceed 4 times the average annual earnings of
19the deceased employee.
SB59,1222
20Section
1222. 102.49 (6) of the statutes is amended to read:
SB59,732,221
102.49
(6) The department
or the division may award the additional benefits
22payable under this section to the surviving parent of the child, to the child's guardian,
23or to such other person, bank, or trust company for the child's use as may be found
24best calculated to conserve the interests of the child. If the child dies while benefits
1are still payable, there shall be paid the reasonable expense for burial, not exceeding
2$1,500.
SB59,1223
3Section
1223. 102.51 (3) of the statutes is amended to read:
SB59,732,84
102.51
(3) Division among dependents. If there is more than one person wholly
5or partially dependent on a deceased employee, the death benefit shall be divided
6between those dependents in such proportion as the department
or the division 7determines to be just, considering their ages and other facts bearing on their
8dependency.
SB59,1224
9Section
1224. 102.51 (4) of the statutes is amended to read:
SB59,732,2210
102.51
(4) Dependency as of the date of death. Questions as to who is a
11dependent and the extent of his or her dependency shall be determined as of the date
12of the death of the employee, and the dependent's right to any death benefit becomes
13fixed at that time, regardless of any subsequent change in conditions. The death
14benefit shall be directly recoverable by and payable to the dependents entitled to the
15death benefit or their legal guardians or trustees. In case of the death of a dependent
16whose right to a death benefit has become fixed, so much of the benefit as is unpaid
17is payable to the dependent's personal representatives in gross, unless the
18department
or the division determines that the unpaid benefit shall be reassigned
19under sub. (6) and paid to any other dependent who is physically or mentally
20incapacitated or a minor. For purposes of this subsection, a child of the employee who
21is born after the death of the employee is considered to be a dependent as of the date
22of death.
SB59,1225
23Section
1225. 102.51 (6) of the statutes is amended to read:
SB59,733,424
102.51
(6) Division among dependents. Benefits accruing to a minor dependent
25child may be awarded to either parent in the discretion of the department
or the
1division. Notwithstanding sub. (1), the department
or the division may reassign the
2death benefit as between a surviving spouse or a domestic partner under ch. 770 and
3any children specified in sub. (1) and s. 102.49 in accordance with their respective
4needs for the death benefit.
SB59,1226
5Section
1226. 102.55 (3) of the statutes is amended to read:
SB59,733,136
102.55
(3) For all other injuries to the members of the body or its faculties that
7are specified in the schedule under s. 102.52 resulting in permanent disability,
8though the member is not actually severed or the faculty is not totally lost,
9compensation shall bear such relation to the compensation named in the schedule
10as the disability bears to the disability named in the schedule. Indemnity in those
11cases shall be determined by allowing weekly indemnity during the healing period
12resulting from the injury and the percentage of permanent disability resulting after
13the healing period as found by the department
or the division.
SB59,1227
14Section
1227. 102.555 (12) (a) of the statutes is amended to read:
SB59,733,1915
102.555
(12) (a) An employer
,
or the department
, or the division is not liable
16for the expense of any examination or test for hearing loss, any evaluation of such
17an exam or test, any medical treatment for improving or restoring hearing, or any
18hearing aid to relieve the effect of hearing loss unless it is determined that
19compensation for occupational deafness is payable under sub. (3), (4), or (11).
SB59,1228
20Section
1228. 102.56 (1) of the statutes is amended to read:
SB59,734,821
102.56
(1) Subject to sub. (2), if an employee is so permanently disfigured as
22to occasion potential wage loss due to the disfigurement, the department
or the
23division may allow such sum as the department
or the division considers just as
24compensation for the disfigurement, not exceeding the employee's average annual
25earnings. In determining the potential for wage loss due to the disfigurement and
1the sum awarded, the department
or the division shall take into account the age,
2education, training, and previous experience and earnings of the employee, the
3employee's present occupation and earnings, and likelihood of future suitable
4occupational change. Consideration for disfigurement allowance is confined to those
5areas of the body that are exposed in the normal course of employment. The
6department
or the division shall also take into account the appearance of the
7disfigurement, its location, and the likelihood of its exposure in occupations for which
8the employee is suited.
SB59,1229
9Section
1229. 102.56 (2) of the statutes is amended to read:
SB59,734,1410
102.56
(2) If an employee who claims compensation under sub. (1) returns to
11work for the employer who employed the employee at the time of the injury, or is
12offered employment with that employer, at the same or a higher wage, the
13department
or the division may not allow that compensation unless the employee
14suffers an actual wage loss due to the disfigurement.
SB59,1230
15Section
1230. 102.565 (1) of the statutes is amended to read:
SB59,735,916
102.565
(1) When, as a result of exposure in the course of employment over a
17period of time to toxic or hazardous substances or conditions, an employee
18performing work that is subject to this chapter develops any clinically observable
19abnormality or condition that, on competent medical opinion, predisposes or renders
20the employee in any manner differentially susceptible to disability to such an extent
21that it is inadvisable for the employee to continue employment involving that
22exposure, is discharged from or ceases to continue the employment, and suffers wage
23loss by reason of that discharge from, or cessation of, employment, the department
24or the division may allow such sum as the department
or the division considers just
25as compensation for that wage loss, not exceeding $13,000. If a nondisabling
1condition may also be caused by toxic or hazardous exposure not related to
2employment and if the employee has a history of that exposure, compensation as
3provided under this section or any other remedy for loss of earning capacity shall not
4be allowed. If the employee is discharged from employment prior to a finding by the
5department
or the division that it is inadvisable for the employee to continue in that
6employment and if it is reasonably probable that continued exposure would result
7in disability, the liability of the employer who discharges the employee is primary,
8and the liability of the employer's insurer is secondary, under the same procedure
9and to the same effect as provided by s. 102.62.
SB59,1231
10Section
1231. 102.565 (2) of the statutes is amended to read:
SB59,735,2411
102.565
(2) Upon application of any employer or employee
, the department
or
12the division may direct any employee of the employer or an employee who, in the
13course of his or her employment, has been exposed to toxic or hazardous substances
14or conditions to submit to examination by one or more physicians appointed by the
15department
or the division to determine whether the employee has developed any
16abnormality or condition under sub. (1), and the degree of that abnormality or
17condition. The cost of the medical examination shall be borne by the person making
18application. The physician conducting the examination shall submit the results of
19the examination to the department
or the division, which shall submit copies of the
20reports to the employer and employee, who shall have an opportunity to rebut the
21reports if a request to submit a rebuttal is made to the department
or the division 22within 10 days after the department
or the division mails the report to the parties.
23The department
or the division shall make its findings as to whether it is inadvisable
24for the employee to continue in his or her employment.
SB59,1232
25Section
1232. 102.565 (3) of the statutes is amended to read:
SB59,736,4
1102.565
(3) If
, after direction by the commission,
or any member of the
2commission, the department,
the division, or an examiner, an employee refuses to
3submit to an examination or in any way obstructs the examination, the employee's
4right to compensation under this section shall be barred.
SB59,1233
5Section
1233. 102.61 (1g) (c) of the statutes is amended to read:
SB59,736,236
102.61
(1g) (c) On receiving notice that he or she is eligible to receive vocational
7rehabilitation services under
29 USC 701 to
797a, an employee shall provide the
8employer with a written report from a physician, chiropractor, psychologist, or
9podiatrist stating the employee's permanent work restrictions. Within 60 days after
10receiving that report, the employer shall provide to the employee in writing an offer
11of suitable employment, a statement that the employer has no suitable employment
12for the employee, or a report from a physician, chiropractor, psychologist, or
13podiatrist showing that the permanent work restrictions provided by the employee's
14practitioner are in dispute and documentation showing that the difference in work
15restrictions would materially affect either the employer's ability to provide suitable
16employment or a vocational rehabilitation counselor's ability to recommend a
17rehabilitative training program. If the employer and employee cannot resolve the
18dispute within 30 days after the employee receives the employer's report and
19documentation, the employer or employee may request a hearing before the
division 20department to determine the employee's work restrictions. Within 30 days after the
21division department determines the employee's work restrictions, the employer shall
22provide to the employee in writing an offer of suitable employment or a statement
23that the employer has no suitable employment for the employee.
SB59,1234
24Section
1234. 102.61 (1m) (c) of the statutes is amended to read:
SB59,737,11
1102.61
(1m) (c) The employer or insurance carrier shall pay the reasonable cost
2of any services provided for an employee by a private rehabilitation counselor under
3par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
4and by rule, if the private rehabilitation counselor determines that rehabilitative
5training is necessary, the reasonable cost of the rehabilitative training program
6recommended by that counselor, including the cost of tuition, fees, books,
7maintenance, and travel at the same rate as is provided for state officers and
8employees under s. 20.916 (8). Notwithstanding that the department
or the division 9may authorize under s. 102.43 (5) (b) a rehabilitative training program that lasts
10longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less
11is presumed to be reasonable.
SB59,1235
12Section
1235. 102.61 (2) of the statutes is amended to read:
SB59,737,1913
102.61
(2) The
division department, the commission, and the courts shall
14determine the rights and liabilities of the parties under this section in like manner
15and with like effect as the
division department, the commission, and the courts
16determine other issues under this chapter. A determination under this subsection
17may include a determination based on the evidence regarding the cost or scope of the
18services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost
19or reasonableness of a rehabilitative training program developed under sub. (1m) (a).