Interested people are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. People making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from people unable to attend the public hearing, or who wish to supplement testimony offered at the hearing may be submitted no later than September 12, 1997, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Richard D. Smith at the address noted above. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Analysis of the Proposed Rule
Statutory authority: ss. 102.15 (1), 102.28 (2) (b), 102.37 and 102.38
The rule clarifies reports required by the Department from insured employers, self-insured employers and insurance carriers. Generally, the rule eliminates or relaxes reporting requirements. It does not change prompt payment standards.
Significant changes include:
1) Insured employers are no longer required by rule to file any first report of injury (WKC-12);
2) Insurance carriers will file the WKC-12 on behalf of their insured, but the deadline for doing so has been changed from 7 days after the injury to 14 days after the injury;
3) The current 14-day standard for insurance carriers and self-insured employers to file a supplemental report (WKC- 13) and, if necessary, related documents (WKC- 13 -A, Part-time Employe Statement), has been changed from 14 days after the injury to 30 days after the injury; and,
4) Clarification that, except where investigations continue beyond 14 days, insurance carriers and self-insured employers are only required to report compensable injuries, not alleged injuries.
Under current law, there are several provisions in s. DWD 80.02 where the time period for reporting information is not specified or is indefinite (e.g., “immediately”). This rule sets a time period for reporting the information that is consistent with current, informal, Department expectations. The rule also requires that, except for the WKC- 12 and initial WKC- 13, insurance carriers and self-insured employers shall provide injured employes with a copy of the documents submitted to the Department. There are other minor clarifications or updates of language in the existing rule.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
Businesses that usually employ 3 or more employes or which pay $500 in a calendar quarter to all employes are subject to the Worker's Compensation Act and this rule.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
For smaller employers (i.e., those who are insured, not self-insured employers) this rule eliminates the requirement to file any first reports of injury with the Department. Insurers will be required to file the document on behalf of their insured employers.
3. Types of professional skills necessary for compliance with the rules:
None.
Fiscal Estimate
This rule streamlines and clarifies reporting requirements for insured employers, self-insured employers and insurance carriers. The requirement that insured employers report directly to the Department of Workforce Development all work-related injuries that involve three or more days of lost time is eliminated in the revisions to s. DWD 80.02. These injuries will be reported to the employers worker's compensation insurance carrier, who will be responsible for reporting them to the Department.
The Department receives approximately 65,000 injury claims per year. Over one-half of these claims are reported by insured employers. Some employers mistakenly report injury claims that do not involve at least three days of lost time. This “over-reporting” of several thousand claims per year generates unnecessary work for Department staff, including monitoring claim status and requesting additional information about the claim from the insurance carrier and/or employer.
It is assumed that the proposed changes to s. DWD 80.02 will have the following effect on the staff workload:
☞ Reduce by 5,000 the number of claims currently reported to the Department that need not be reported;
☞ Reduce the amount of correspondence currently sent to carriers and employers to clarify what appear to be not reportable claims;
☞ Reduce the amount of correspondence and phone calls received from carriers in response to Department inquiries regarding non-reportable claims;
☞ Reduce the amount of documents required to be imaged, reviewed and logged into the Department's claim information system.
This rule change will enable the Department to reallocate approximately 0.5 FTE position to higher priority claims monitoring work.
Long-Range Fiscal Implications:
Improved quality of claim reporting, more timely reporting and reduced exchange of correspondence between the Department and employers/carriers.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. HSS 163 - Relating to certification to perform lead abatement, other lead hazard reduction work, and lead management activities, accreditation of training courses for individuals performing those activities and approval of training course managers, principal instructors and guest instructors.
SS. Ins 17.01 and 17.28 - Relating to annual patients compensation fund and mediation fees for the fiscal year beginning July 1, 1997.
Chs. LES 1 to 6 - Relating to training and employment standards for law enforcement, tribal law enforcement, jail and secure detention officers and to administration of training.
S. Psy 4.02 - Relating to continuing education.
SS. Tax 11.32 and 11.68 - Relating to Wisconsin sales and use taxes.
SS. Tax 11.05 and 11.86 - Relating to the Wisconsin sales and use tax treatment of landscaping services and sales and purchases by governmental units and the use of exemption certificates.
Ch. Trans 177 - Relating to motor carriers.
S. DWD 272.14 - Relating to displacement of employes and the minimum wage.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order repealing and recreating ch. DOC 326, relating to leave for qualified inmates.
Effective 10-01-97.
An order creating s. DOC 313.025, relating to the definition of a “prison industry” pursuant to s. 227.11 (2) (a), Stats.
Effective 10-01-97.
An order affecting ss. NR 120.02, 120.14 and 120.18, relating to the nonpoint source pollution abatement program.
Effective 10-01-97.
An order affecting ss. NR 20.03, 20.04, 20.09, 20.10, 26.05, 26.08, 26.09 and 26.14, relating to sport fishing and fish refuges.
Effective 03-01-98.
An order affecting ch. NR 809, relating to safe drinking water standards.
Effective 11-01-97.
An order affecting ss. NR 10.001, 10.06, 10.103, 10.106, 10.145, 10.28, 10.29, 11.032 and 19.13, relating to hunting and trapping.
Part effective 11-01-97.
Part effective 12-01-97.
Part effective 03-01-98.
An order affecting ss. NR 10.01, 10.07, 10.12, 10.13, 10.145, 10.27, 10.28, 10.29, 10.34, 10.35, 10.37, 10.40, 15.015 and 15.022, relating to hunting and trapping.
Part effective 11-01-97.
Part effective 01-01-98.
Part effective 03-01-98.
Part effective 05-01-98.
An order affecting ch. Tax 18, relating to assessment of agricultural land beginning in 1998.
Effective 10-01-97.
An order amending s. Tax 11.66 (2) (intro.) and (5), relating to telecommunications services.
Effective 10-01-97.
An order repealing ch. ATCP 53 and creating ch. Tax 53, relating to changing the agency acronym to reflect the program transfer from the Department of Agriculture, Tradc and Consumer Protection to the Department of Revenue, and to increase plat review fees to cover all of the current costs of activities and services provided by the Department of Revenue under ss. 70.27 and 236.12, Stats.
Effective 10-01-97.
