172,53
Section
53. 102.60 (5) (b) of the statutes is amended to read:
102.60 (5) (b) If the employer is misled in employing a minor illegally because of fraudulent written evidence of age presented by the minor, the increased compensation provided by this section shall not be paid to the employee, but shall be paid into the fund established by s. 102.65 employer is not required to pay the amounts specified in sub. (1m).
172,54
Section
54. 102.60 (6) of the statutes is amended to read:
102.60 (6) If the amount recoverable under this section by a minor employee for temporary disability
shall be is less than the actual loss of wage sustained by the minor employee, then liability shall exist for such
that loss of wage.
172,55
Section
55. 102.60 (7) of the statutes is amended to read:
102.60 (7) Subsections (1) to (6) shall This section does not apply to employees an employee, as defined in s. 102.07 (6), if the agency or publisher shall establish establishes by affirmative proof that at the time of the injury the employee was not employed with the actual or constructive knowledge of such the agency or publisher.
172,56
Section
56. 102.60 (8) of the statutes is amended to read:
102.60 (8) This section shall does not apply to liability arising under s. 102.06 unless the employer sought to be charged knew or should have known that the minor was illegally employed by the contractor or subcontractor.
172,57
Section
57. 102.60 (9) of the statutes is repealed.
172,58
Section
58. 102.61 (1) of the statutes is amended to read:
102.61
(1) Subject to subs. (1g) and (1m), an employee who is entitled to receive and has received compensation under this chapter, and who is entitled to and is receiving instructions under
29 USC 701 to
797b, as administered by the state in which the employee resides or in which the employee resided at the time of becoming physically disabled, shall, in addition to other indemnity, be paid the actual and necessary expenses of travel
at the same rate as is provided for state officers and employees under s. 20.916 (8) and, if the employee receives instructions elsewhere than at the place of residence, the actual and necessary costs of maintenance, during rehabilitation, subject to the conditions and limitations specified in sub. (1r).
172,59
Section
59. 102.61 (1m) (c) of the statutes is amended to read:
102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost of any services provided for an employee by a private rehabilitation counselor under par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c) and by rule, if the private rehabilitation counselor determines that rehabilitative training is necessary, the reasonable cost of the rehabilitative training program recommended by that counselor, including the cost of tuition, fees, books, and maintenance, and travel expenses at the same rate as is provided for state officers and employees under s. 20.916 (8). Notwithstanding that the department may authorize under s. 102.43 (5) a rehabilitative training program that lasts longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is presumed to be reasonable.
172,60
Section
60. 102.62 of the statutes is amended to read:
102.62 Primary and secondary liability; unchangeable. In case of liability for the increased compensation or increased death benefits provided for by under s. 102.57, or included in s.
or 102.60, the liability of the employer shall be primary and the liability of the insurance carrier shall be secondary. In case If proceedings are had before the department for the recovery of such increased compensation or increased death benefits that liability, the department shall set forth in its award the amount and order of liability as herein provided
in this section. Execution shall not be issued against the insurance carrier to satisfy any judgment covering such increased compensation or increased death benefits that liability until execution has first been issued against the employer and has been returned unsatisfied as to any part thereof of that liability. Any provision in any insurance policy undertaking to guarantee primary liability or to avoid secondary liability for such increased compensation or increased death benefits shall be a liability under s. 102.57 or 102.60 is void. In case If the employer shall have has been adjudged bankrupt, or have has made an assignment for the benefit of creditors, or if the employer, other than an individual, have has gone out of business or have has been dissolved, or if the employer is a corporation, and its charter have has been forfeited or revoked, the insurer shall be liable for the payment of increased compensation and death benefits that liability without judgment or execution against the employer, but without altering the primary liability of the employer.
172,61
Section
61. 102.65 (1) of the statutes is amended to read:
102.65 (1) The moneys payable to the state treasury under ss. 102.35 (1), 102.47, 102.49 and
, 102.59, and 102.60, together with all accrued interest on those moneys, and all interest payments received under s. 102.75 (2), shall constitute a fund to be known as the "Work Injury Supplemental Benefit Fund" separate nonlapsible fund designated as the work injury supplemental benefit fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (t) and may not be used for any other purpose of the state.
172,62
Section
62. 102.66 (1) of the statutes is amended to read:
102.66 (1) In the event that there is an otherwise meritorious claim for occupational disease, a traumatic injury resulting in the loss or total impairment of a hand or any part of the rest of the arm proximal to the hand or of a foot or any part of the rest of the leg proximal to the foot, any loss of vision, any permanent brain injury, or any injury causing the need for a total or partial knee or hip replacement, and the claim is barred solely by the statute of limitations under s. 102.17 (4), the department may, in lieu of worker's compensation benefits, direct payment from the work injury supplemental benefit fund under s. 102.65 of such compensation and such medical expenses as would otherwise be due, based on the date of injury, to or on behalf of the injured employee. The benefits shall be supplemental, to the extent of compensation liability, to any disability or medical benefits payable from any group insurance policy whose premium is paid in whole or in part by any employer, or under any federal insurance or benefit program providing disability or medical benefits. Death benefits payable under any such group policy do not limit the benefits payable under this section.
172,63
Section
63. 102.66 (2) of the statutes is amended to read:
102.66 (2) In the case of occupational disease, a traumatic injury resulting in the loss or total impairment of a hand or any part of the rest of the arm proximal to the hand or of a foot or any part of the rest of the leg proximal to the foot, any loss of vision, any permanent brain injury, or any injury causing the need for a total or partial knee or hip replacement, appropriate benefits may be awarded from the work injury supplemental benefit fund when the status or existence of the employer or its insurance carrier cannot be determined or when there is otherwise no adequate remedy, subject to the limitations contained in sub. (1).
172,64
Section
64. 102.75 (1m) of the statutes is created to read:
102.75 (1m) The moneys collected under sub. (1) 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 s. 20.445 (1) (ra), (rb), and (rp) and may not be used for any other purpose of the state.
172,65
Section
65. 102.75 (2) of the statutes is amended to read:
102.75 (2) The department shall require that payments for costs and expenses for each fiscal year shall be made on such dates as the department prescribes by each licensed worker's compensation insurance carrier and employer exempted under s. 102.28 (2). Each such payment shall be a sum equal to a proportionate share of the annual costs and expenses assessed upon each carrier and employer as estimated by the department. Interest shall accrue on amounts not paid within 90 days after the date prescribed by the department under this subsection at the rate of 1 percent per month. All interest payments received under this subsection shall be deposited in the fund established under s. 102.65.
172,66
Section
66. 102.75 (4) of the statutes is amended to read:
102.75 (4) From the appropriation under s. 20.445 (1) (ha) (ra), the department shall allocate the amounts that it collects in application fees from employers applying for exemption under s. 102.28 (2) and the annual amount that it collects from employers that have been exempted under s. 102.28 (2) to fund the activities of the department under s. 102.28 (2) (b) and (c).
172,67
Section
67. 102.80 (1m) of the statutes is created to read:
102.80 (1m) The moneys collected or received under sub. (1), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the uninsured employers fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (sm) and may not be used for any other purpose of the state.
172,68
Section
68. 102.81 (1) (a) of the statutes is amended to read:
102.81 (1) (a) If an employee of an uninsured employer, other than an employee who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for which the uninsured employer is liable under s. 102.03, the department or the department's reinsurer shall pay to or on behalf of the injured employee or to the employee's dependents an amount equal to the compensation owed them by the uninsured employer under this chapter except penalties and interest due under ss. 102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60 (6).
172,69
Section
69. 102.81 (2) of the statutes is amended to read:
102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 20.930 and subch. IV of ch. 16 do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (hp) (rp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).
172,70
Section
70. 102.87 (4) of the statutes is amended to read:
102.87 (4) A defendant may make a stipulation of no contest by submitting a deposit and a stipulation in the manner provided by sub. (3) before the court appearance date. The signed stipulation is a plea of no contest and submission to a forfeiture, plus the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable uninsured employers assessment and costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit.
172,71
Section
71. 103.78 (4) of the statutes is amended to read:
103.78 (4) Treble the amount of compensation otherwise recoverable as provided in s. 102.60 (4) and wage Wage loss as provided in s. 102.60 (6) are is payable to a minor injured during the course of the minor's employment or appearance in violation of this section.
172,72
Section
72. 814.75 (24m) of the statutes is created to read:
814.75 (24m) The work injury supplemental benefit fund surcharge under s. 102.35 (1).
172,73
Section
73
.
Nonstatutory provisions.
(1)
Permanent partial disability maximum compensation rate. Notwithstanding section 102.03 (4) of the statutes, the average weekly earnings for permanent partial disability for injuries occurring on or after January 1, 2006, and before the effective date of this subsection .... [revisor inserts date], shall be not more than $363, resulting in a maximum compensation rate of $242. If the treatment of section 102.11 (1) (intro.) of the statutes takes effect on January 1, 2006, this subsection does not apply.
172,74
Section
74.
Initial applicability.
(1) Reports considered substantial evidence. The treatment of section 102.17 (1) (d) 4. and (h) of the statutes first applies to a disputed claim in which a final hearing is held on the effective date of this subsection.
(2) Traumatic injuries. The treatment of sections 102.17 (4) and 102.66 (1) and (2) of the statutes first applies to benefits or treatment expenses that are payable on the effective date of this subsection, regardless of the date of injury.
(3) Malice or bad faith. The treatment of section 102.18 (1) (bp) of the statutes first applies to events or occurrences of malice or bad faith that take place of the effective date of this subsection.
(4) Compensation pending judicial review. The treatment of section 102.23 (5) of the statutes first applies to actions for judicial review that are commenced under section 102.23 (1) of the statutes on the effective date of this subsection.
(5) Professional employer organizations and employee leasing organization.
(a) The treatment of section 102.31 (2m) (a) of the statutes first applies to an employee leasing agreement whose effective date is 10 working days before the effective date of this paragraph.
(b) The treatment of section 102.31 (2m) (b) and (c) of the statutes first applies to an employee leasing agreement whose termination date is 30 days after the effective date of this paragraph.
(6) Permanent disability payments. The treatment of section 102.32 (6) (b) of the statutes first applies to compensation for permanent disability that becomes due on the effective date of this subsection.
(7) Work injury supplemental benefits fund surcharges and assessments. The treatment of sections 102.35 (1) and 102.75 (2) of the statutes first applies to surcharges and assessments imposed on the effective date of this subsection.
(8) Travel for treatment or rehabilitation. The treatment of sections 102.42 (2) (b) and 102.61 (1) and (1m) (c) of the statutes first applies to travel to obtain treatment or rehabilitation that takes place on the effective date of this subsection.
(9) Prescription drug treatment. The treatment of section 102.425 of the statutes first applies to a drug, as defined in section 102.425 (1) (b) of the statutes, as created by this act, that is prescribed on the effective date of this subsection.
172,75
Section
75.
Effective dates. This act takes effect on January 1, 2006, or on the day after publication, whichever is later, except as follows:
(1) Supplemental benefits. The treatment of section 102.44 (1) (intro.) (by Section 38
) of the statutes and the repeal and recreation of section 102.44 (1) (a) and (b) of the statutes take effect on January 1, 2007.
(2) Permanent partial disability maximum compensation rate. Section 73 (1) of this act takes effect retroactively to January 1, 2006.
