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).
SB59,1236
20Section
1236. 102.62 of the statutes is amended to read:
SB59,738,11
21102.62 Primary and secondary liability; unchangeable. In case of
22liability under s. 102.57 or 102.60, the liability of the employer shall be primary and
23the liability of the insurance carrier shall be secondary. If proceedings are had before
24the
division department for the recovery of that liability, the
division
department 25shall set forth in its award the amount and order of liability as provided in this
1section. Execution shall not be issued against the insurance carrier to satisfy any
2judgment covering that liability until execution has first been issued against the
3employer and has been returned unsatisfied as to any part of that liability. Any
4provision in any insurance policy undertaking to guarantee primary liability or to
5avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the
6employer has been adjudged bankrupt or has made an assignment for the benefit of
7creditors, if the employer, other than an individual, has gone out of business or has
8been dissolved, or if the employer is a corporation and its charter has been forfeited
9or revoked, the insurer shall be liable for the payment of that liability without
10judgment or execution against the employer, but without altering the primary
11liability of the employer.
SB59,1237
12Section
1237. 102.64 (1) of the statutes is amended to read:
SB59,738,2413
102.64
(1) Upon request of the department of administration, a representative
14of the department of justice shall represent the state in cases involving payment into
15or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The
16department of justice, after giving notice to the department of administration, may
17compromise the amount of those payments but such compromises shall be subject to
18review by the department
or the division. If the spouse or domestic partner under
19ch. 770 of the deceased employee compromises his or her claim for a primary death
20benefit, the claim of the children of the employee under s. 102.49 shall be
21compromised on the same proportional basis, subject to approval by the department
22or the division. If the persons entitled to compensation on the basis of total
23dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49
24(5) (a) shall be compromised on the same proportional basis.
SB59,1238
25Section
1238. 102.64 (2) of the statutes is amended to read:
SB59,739,11
1102.64
(2) Upon request of the department of administration, the attorney
2general shall appear on behalf of the state in proceedings upon claims for
3compensation against the state. Except as provided in s. 102.65 (3), the department
4of justice shall represent the interests of the state in proceedings under s. 102.44 (1),
5102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims
6in those proceedings, but the compromises are subject to review by the department
7or the division. Costs incurred by the department of justice in prosecuting or
8defending any claim for payment into or out of the work injury supplemental benefit
9fund under s. 102.65, including expert witness and witness fees but not including
10attorney fees or attorney travel expenses for services performed under this
11subsection, shall be paid from the work injury supplemental benefit fund.
SB59,1239
12Section
1239. 102.65 (3) of the statutes is amended to read:
SB59,739,2013
102.65
(3) The department of workforce development may retain the
14department of administration to process, investigate, and pay claims under ss.
15102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce
16development, the department of administration may compromise a claim processed
17by that department, but a compromise made by that department is subject to review
18by the department of workforce development
or the division. The department of
19workforce development shall pay for the services retained under this subsection from
20the appropriation account under s. 20.445 (1) (t).
SB59,1240
21Section
1240. 102.66 (1) of the statutes is amended to read:
SB59,740,1022
102.66
(1) Subject to any certificate filed under s. 102.65 (4), if there is an
23otherwise meritorious claim for occupational disease, or for a traumatic injury
24described in s. 102.17 (4) in which the date of injury or death or last payment of
25compensation, other than for treatment or burial expenses, is before April 1, 2006,
1and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the
2department
or the division may, in lieu of worker's compensation benefits, direct
3payment from the work injury supplemental benefit fund under s. 102.65 of such
4compensation and such medical expenses as would otherwise be due, based on the
5date of injury, to or on behalf of the injured employee. The benefits shall be
6supplemental, to the extent of compensation liability, to any disability or medical
7benefits payable from any group insurance policy whose premium is paid in whole
8or in part by any employer, or under any federal insurance or benefit program
9providing disability or medical benefits. Death benefits payable under any such
10group policy do not limit the benefits payable under this section.
SB59,1241
11Section
1241. 102.75 (1) of the statutes is amended to read:
SB59,741,212
102.75
(1) The department shall assess upon and collect from each licensed
13worker's compensation insurance carrier and from each employer exempted under
14s. 102.28 (2) (b) or (bm) from the duty to carry insurance under s. 102.28 (2) (a) the
15proportion of total costs and expenses incurred by the council on worker's
16compensation for travel and research and by the department
, the division, and the
17commission in the administration of this chapter for the current fiscal year, plus any
18deficiencies in collections and anticipated costs from the previous fiscal year, that the
19total indemnity paid or payable under this chapter by each such carrier and exempt
20employer in worker's compensation cases initially closed during the preceding
21calendar year, other than for increased, double, or treble compensation, bore to the
22total indemnity paid in cases closed the previous calendar year under this chapter
23by all carriers and exempt employers, other than for increased, double, or treble
24compensation. The council on worker's compensation
, the division, and the
1commission shall annually certify any costs and expenses for worker's compensation
2activities to the department at such time as the secretary requires.
SB59,1242
3Section 1242
. 103.005 (12) (a) of the statutes is amended to read:
SB59,741,144
103.005
(12) (a) If any employer, employee, owner, or other person violates chs.
5103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
6within the time prescribed by the department, for which no penalty has been
7specifically provided, or fails, neglects or refuses to obey any lawful order given or
8made by the department or any judgment or decree made by any court in connection
9with chs. 103 to 106, for each such violation, failure or refusal, the employer,
10employee, owner or other person shall forfeit not less than $10 nor more than $100
11for each offense.
This paragraph does not apply to any person that fails to provide
12any information to the department to assist the department in determining
13prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
14103.50 (3) or (4).
SB59,1243
15Section
1243. 103.007 of the statutes is repealed.
SB59,1244
16Section
1244. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1)
17(a) and amended to read:
SB59,741,1918
103.10
(1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or
19a legal ward
to whom any of the following applies:
.
SB59,1245
20Section
1245. 103.10 (1) (a) 1. of the statutes is repealed.
SB59,1246
21Section
1246. 103.10 (1) (a) 2. of the statutes is repealed.
SB59,1247
22Section 1247
. 103.10 (1) (ap) of the statutes is created to read:
SB59,741,2323
103.10
(1) (ap) “Covered active duty" means any of the following:
SB59,741,2524
1. In the case of a member of a regular component of the U.S. armed forces, duty
25during the deployment of the member with the U.S. armed forces to a foreign country.
SB59,742,4
12. In the case of a member of a reserve component of the U.S. armed forces, duty
2during the deployment of the member with the U.S. armed forces to a foreign country
3under a call or order to active duty under a provision of law specified in
10 USC 101 4(a) (13) (B).
SB59,1248
5Section
1248. 103.10 (1) (b) of the statutes is amended to read:
SB59,742,96
103.10
(1) (b) Except as provided in
sub. (1m) (b) 2. and s. 452.38, “employee"
7means an individual employed in this state by an employer, except the employer's
8parent, child, spouse, domestic partner,
or child parent, grandparent, grandchild, or
9sibling.
SB59,1249
10Section
1249. 103.10 (1) (c) of the statutes is amended to read:
SB59,742,1611
103.10
(1) (c)
Except as provided in sub. (1m) (b) 3., “employer" “Employer”
12means a person engaging in any activity, enterprise or business in this state
13employing at least
50 25 individuals on a permanent basis. “Employer" includes the
14state and any office, department, independent agency, authority, institution,
15association, society or other body in state government created or authorized to be
16created by the constitution or any law, including the legislature and the courts.
SB59,1250
17Section
1250. 103.10 (1) (dm) of the statutes is created to read:
SB59,742,1818
103.10
(1) (dm) “Grandchild" means the child of a child.
SB59,1251
19Section
1251. 103.10 (1) (dp) of the statutes is created to read:
SB59,742,2020
103.10
(1) (dp) “Grandparent" means the parent of a parent.
SB59,1252
21Section
1252. 103.10 (1) (gm) of the statutes is created to read:
SB59,742,2322
103.10
(1) (gm) “Sibling" means a brother, sister, half brother, half sister,
23stepbrother, or stepsister, whether by blood, marriage, or adoption.
SB59,1253
24Section
1253. 103.10 (1m) of the statutes is repealed.
SB59,1254
25Section
1254. 103.10 (3) (a) 1. of the statutes is amended to read:
SB59,743,2
1103.10
(3) (a) 1. In a 12-month period no employee may take more than 6 weeks
2of family leave under par. (b) 1.
and, 2.
, 4., and 5.
SB59,1255
3Section
1255. 103.10 (3) (b) 3. of the statutes is amended to read:
SB59,743,64
103.10
(3) (b) 3. To care for the employee's child, spouse, domestic partner,
or 5parent,
grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
or 6parent
, grandparent, grandchild, or sibling has a serious health condition.
SB59,1256
7Section 1256
. 103.10 (3) (b) 4. of the statutes is created to read:
SB59,743,118
103.10
(3) (b) 4. Because of any qualifying exigency, as determined by the
9department by rule, arising out of the fact that the spouse, child, domestic partner,
10parent, grandparent, grandchild, or sibling of the employee is on covered active duty
11or has been notified of an impending call or order to covered active duty.
SB59,1257
12Section 1257
. 103.10 (3) (b) 5. of the statutes is created to read:
SB59,743,1513
103.10
(3) (b) 5. Because a child care center, child care provider, or school that
14the employee's child attends is experiencing an unforeseen or unexpected
15short-term closure.
SB59,1258
16Section
1258. 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB59,743,2117
103.10
(6) (b) (intro.) If an employee intends to take family leave because of the
18planned medical treatment or supervision of a child, spouse, domestic partner,
or 19parent
, grandparent, grandchild, or sibling or intends to take medical leave because
20of the planned medical treatment or supervision of the employee, the employee shall
21do all of the following:
SB59,1259
22Section
1259. 103.10 (6) (b) 1. of the statutes is amended to read:
SB59,744,223
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
24or supervision so that it does not unduly disrupt the employer's operations, subject
1to the approval of the health care provider of the child, spouse, domestic partner,
2parent,
grandparent, grandchild, sibling, or employee.