CR 15-030 Hearing Information

State of Wisconsin

Department of Workforce Development

NOTICE OF PUBLIC HEARING

Rule Relating to Minor and Technical Changes to the Worker's Compensation Program

Ch. DWD 80, Wis. Admin. Code

The Wisconsin Department of Workforce Development (DWD) announces that it will hold a public hearing on a permanent rule relating to minor and technical changes to the worker's compensation program.

DWD will hold a public hearing on April 28, 2015 at 2:00 p.m. Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. Written comments will be accepted until Friday, May 1, 2015. Comments may be sent to the Division of Worker's Compensation at the address below, or to [e-mail] or to http://adminrules.wisconsin.gov.

You can obtain a free copy of the hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Workforce Development, Division of Worker's Compensation, P.O. Box 7901, Madison, WI 53707-7901. You can also obtain a copy by calling [phone] or by emailing [e-mail]. Copies will also be available at the hearings. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov.

Comments or concerns relating to small business may also be addressed to DWD’s small business regulatory coordinator Howard Bernstein at the address above, or by email to [e-mail], or by telephone at [phone].

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Hearing Date and Location:

Tuesday, April 28, 2015, 2:00 p.m.

Department of Workforce Development

201 East Washington Avenue, Room B106

Madison, WI 53707

______________________________________________________________________

Analysis Prepared by the Department of

Workforce Development

Statutes interpreted

Statutes Interpreted: Ch. 102, Stats.

Statutory authority

Statutory Authority: ss. 102.13 (2) (c), 102.15 (1) and (2), 102.16 (2m) (g), 102.31 (2) (a), 102.38, and 103.005 (1) Stats.

Explanation of statutory authority

Chapter 102, Stats., governs the state's worker's compensation program. The department has general rule-making authority under s. 102.15 (1), Stats., to adopt rules of procedure, s. 102.15 (2) to provide by rule conditions in which transcripts of testimony and proceedings may be furnished and under s. 103.005 (1), Stats., to adopt reasonable and proper rules and regulations relative to the exercise of powers and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.

Section 102.13 (2) (c), Stats., authorizes the department to require worker's compensation insurance companies and self-insured employers to submit to the department a final report of the treating practitioner of an injured employee who has a period of temporary disability that exceeds 3 weeks, any permanent disability, surgery other than surgery to correct a hernia, and for any eye injury when the employee obtained treatment on 3 or more occasions off the employer's premises.

Section 102.16 (2m) (g), Stats., authorizes the department to promulgate rules establishing procedures and requirements for the necessity of treatment dispute resolution process.

Section 102.31 (2) (a), Stats., authorizes the department by rule to require notice of cancellation or termination of worker's compensation insurance policies be given to the Wisconsin Compensation Rating Bureau rather than the department in a medium approved by the department after consultation with the Wisconsin Compensation Rating Bureau.

Section 102.38, Stats., authorizes the department to promulgate rules that requires every insurance company that transacts the business of worker's compensation and every employer subject to ch. 102, to furnish all reports and records to the department identifying payments and the time and manner of those payments, and any other information the department may require by rule in a format approved by the department.

Section 102.61 (1m) (f), Stats., requires the department to promulgate rules establishing procedures and requirements for the private rehabilitation counseling and rehabilitative training process, including rules specifying the procedure and requirements for certification of private rehabilitation counselors.

Related statutes or rules

Chapter DWD 81, Wis. Admin. Rule, Worker's Compensation Treatment Guidelines.

Plain language analysis