SB21-SSA1,2817 21Section 2817. 102.17 (2s) of the statutes is amended to read:
SB21-SSA1,863,322 102.17 (2s) A party's attorney of record may issue a subpoena to compel the
23attendance of a witness or the production of evidence. A subpoena issued by an
24attorney must be in substantially the same form as provided in s. 805.07 (4) and must
25be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of

1issuance, send a copy of the subpoena to the appeal tribunal hearing examiner or
2other representative of the department division responsible for conducting the
3proceeding.
SB21-SSA1,2818 4Section 2818. 102.17 (7) (b) of the statutes is amended to read:
SB21-SSA1,863,165 102.17 (7) (b) Except as provided in par. (c), the department division shall
6exclude from evidence testimony or certified reports from expert witnesses under
7par. (a) offered by the party that raises the issue of loss of earning capacity if that
8party failed to notify the department division and the other parties of interest, at
9least 60 days before the date of the hearing, of the party's intent to provide the
10testimony or reports and of the names of the expert witnesses involved. Except as
11provided in par. (c), the department division shall exclude from evidence testimony
12or certified reports from expert witnesses under par. (a) offered by a party of interest
13in response to the party that raises the issue of loss of earning capacity if the
14responding party failed to notify the department division and the other parties of
15interest, at least 45 days before the date of the hearing, of the party's intent to provide
16the testimony or reports and of the names of the expert witnesses involved.
SB21-SSA1,2819 17Section 2819. 102.17 (7) (c) of the statutes is amended to read:
SB21-SSA1,863,2218 102.17 (7) (c) Notwithstanding the notice deadlines provided in par. (b), the
19department division may receive in evidence testimony or certified reports from
20expert witnesses under par. (a) when the applicable notice deadline under par. (b) is
21not met if good cause is shown for the delay in providing the notice required under
22par. (b) and if no party is prejudiced by the delay.
SB21-SSA1,2820 23Section 2820. 102.17 (8) of the statutes is amended to read:
SB21-SSA1,864,1224 102.17 (8) Unless otherwise agreed to by all parties, an injured employee shall
25file with the department division and serve on all parties at least 15 days before the

1date of the hearing an itemized statement of all medical expenses and incidental
2compensation under s. 102.42 claimed by the injured employee. The itemized
3statement shall include, if applicable, information relating to any travel expenses
4incurred by the injured employee in obtaining treatment including the injured
5employee's destination, number of trips, round trip mileage, and meal and lodging
6expenses. The department division may not admit into evidence any information
7relating to medical expenses and incidental compensation under s. 102.42 claimed
8by an injured employee if the injured employee failed to file with the department
9division and serve on all parties at least 15 days before the date of the hearing an
10itemized statement of the medical expenses and incidental compensation under s.
11102.42 claimed by the injured employee, unless the department division is satisfied
12that there is good cause for the failure to file and serve the itemized statement.
SB21-SSA1,2821 13Section 2821. 102.175 (2) of the statutes is amended to read:
SB21-SSA1,864,2114 102.175 (2) If after a hearing or a prehearing conference the department
15division determines that an injured employee is entitled to compensation but that
16there remains in dispute only the issue of which of 2 or more parties is liable for that
17compensation, the department division may order one or more parties to pay
18compensation in an amount, time, and manner as determined by the department
19division. If the department division later determines that another party is liable for
20compensation, the department division shall order that other party to reimburse any
21party that was ordered to pay compensation under this subsection.
SB21-SSA1,2822 22Section 2822. 102.18 (1) (b) of the statutes is amended to read:
SB21-SSA1,865,1623 102.18 (1) (b) Within 90 days after the final hearing and close of the record, the
24department division shall make and file its findings upon the ultimate facts involved
25in the controversy, and its order, which shall state its the division's determination as

1to the rights of the parties. Pending the final determination of any controversy before
2it, the department may in its discretion division, after any hearing, may, in its
3discretion,
make interlocutory findings, orders, and awards, which may be enforced
4in the same manner as final awards. The department division may include in any
5interlocutory or final award or order an order directing the employer or insurer to pay
6for any future treatment that may be necessary to cure and relieve the employee from
7the effects of the injury. If the department division finds that the employer or insurer
8has not paid any amount that the employer or insurer was directed to pay in any
9interlocutory order or award and that the nonpayment was not in good faith, the
10department division may include in its final award a penalty not exceeding 25% 25
11percent
of each amount that was not paid as directed. When there is a finding that
12the employee is in fact suffering from an occupational disease caused by the
13employment of the employer against whom the application is filed, a final award
14dismissing the application upon the ground that the applicant has suffered no
15disability from the disease shall not bar any claim the employee may thereafter have
16for disability sustained after the date of the award.
SB21-SSA1,2823d 17Section 2823d. 102.18 (1) (bg) 1. of the statutes is amended to read:
SB21-SSA1,866,818 102.18 (1) (bg) 1. If the department division finds under par. (b) that an insurer
19or self-insured employer is liable under this chapter for any health services provided
20to an injured employee by a health service provider, but that the reasonableness of
21the fee charged by the health service provider is in dispute, the department division
22may include in its order under par. (b) a determination made by the department
23under s. 102.16 (2)
as to the reasonableness of the fee or the department, if such a
24determination has not yet been made, the division
may notify, or direct the insurer
25or self-insured employer to notify, the health service provider under s. 102.16 (2) (b)

1that the reasonableness of the fee is in dispute. The department shall deny payment
2of a health service fee that the department determines under this subdivision to be
3unreasonable. An insurer or self-insured employer and a health service provider
4that are parties to a fee dispute under this subdivision are bound by the department's
5determination under this subdivision on the reasonableness of the disputed fee,
6unless that determination is set aside, reversed, or modified by the department
7under sub. (3) or by the commission under sub. (3) or (4) or is set aside on judicial
8review under s. 102.23.
SB21-SSA1,2824d 9Section 2824d. 102.18 (1) (bg) 2. of the statutes is amended to read:
SB21-SSA1,867,710 102.18 (1) (bg) 2. If the department division finds under par. (b) that an
11employer or insurance carrier is liable under this chapter for any treatment provided
12to an injured employee by a health service provider, but that the necessity of the
13treatment is in dispute, the department division may include in its order under par.
14(b) a determination made by the department under s. 102.16 (2m) as to the necessity
15of the treatment or the department, if such a determination has not yet been made,
16the division
may notify, or direct the employer or insurance carrier to notify, the
17health service provider under s. 102.16 (2m) (b) that the necessity of the treatment
18is in dispute. Before determining under this subdivision the necessity of treatment
19provided to an injured employee, the department may, but is not required to, obtain
20the opinion of an expert selected by the department who is qualified as provided in
21s. 102.16 (2m) (c). The standards promulgated under s. 102.16 (2m) (g) shall be
22applied by an expert in rendering an opinion as to, and in determining, necessity of
23treatment under this subdivision. In cases in which no standards promulgated
24under s. 102.16 (2m) (g) apply, the department shall find the facts regarding
25necessity of treatment. The department shall deny payment for any treatment that

1the department determines under this subdivision to be unnecessary. An insurer or
2self-insured employer and a health service provider that are parties to a dispute
3under this subdivision over the necessity of treatment are bound by the department's
4determination under this subdivision on the necessity of the disputed treatment,
5unless that determination is set aside, reversed, or modified by the department
6division under sub. (3) or by the commission under sub. (3) or (4) or is set aside on
7judicial review under s. 102.23.
SB21-SSA1,2825d 8Section 2825d. 102.18 (1) (bg) 3. of the statutes is amended to read:
SB21-SSA1,868,29 102.18 (1) (bg) 3. If the department division finds under par. (b) that an insurer
10or self-insured employer is liable under this chapter for the cost of a prescription
11drug dispensed under s. 102.425 (2) for outpatient use by an injured employee, but
12that the reasonableness of the amount charged for that prescription drug is in
13dispute, the department division may include in its order under par. (b) a
14determination made by the department under s. 102.425 (4m) as to the
15reasonableness of the prescription drug charge or the department, if such a
16determination has not yet been made, the division
may notify, or direct the insurer
17or self-insured employer to notify, the pharmacist or practitioner dispensing the
18prescription drug under s. 102.425 (4m) (b) that the reasonableness of the
19prescription drug charge is in dispute. The department shall deny payment of a
20prescription drug charge that the department determines under this subdivision to
21be unreasonable. An insurer or self-insured employer and a pharmacist or
22practitioner that are parties to a dispute under this subdivision over the
23reasonableness of a prescription drug charge are bound by the department's
24determination under par. (b) on the reasonableness of the disputed prescription drug
25charge, unless that determination is set aside, reversed, or modified by the

1department under sub. (3) or by the commission under sub. (3) or (4) or is set aside
2on judicial review under s. 102.23.
SB21-SSA1,2826 3Section 2826. 102.18 (1) (bp) of the statutes is amended to read:
SB21-SSA1,868,194 102.18 (1) (bp) If the department division determines that the employer or
5insurance carrier suspended, terminated, or failed to make payments or failed to
6report an injury as a result of malice or bad faith, the department division may
7include a penalty in an award to an employee for each event or occurrence of malice
8or bad faith. This That penalty is the exclusive remedy against an employer or
9insurance carrier for malice or bad faith. If this the penalty is imposed for an event
10or occurrence of malice or bad faith that causes a payment that is due an injured
11employee to be delayed in violation of s. 102.22 (1) or overdue in violation of s. 628.46
12(1), the department division may not also order an increased payment under s.
13102.22 (1) or the payment of interest under s. 628.46 (1). The department division
14may award an amount that it the division considers just, not to exceed the lesser of
15200 percent of total compensation due or $30,000 for each event or occurrence of
16malice or bad faith. The department division may assess the penalty against the
17employer, the insurance carrier, or both. Neither the employer nor the insurance
18carrier is liable to reimburse the other for the penalty amount. The department
19division may, by rule, define actions which that demonstrate malice or bad faith.
SB21-SSA1,2827d 20Section 2827d. 102.18 (1) (bw) of the statutes is amended to read:
SB21-SSA1,869,221 102.18 (1) (bw) If an insurer, a self-insured employer, or, if applicable, the
22uninsured employers fund pays compensation to an employee in excess of its liability
23and another insurer or self-insured employer is liable for all or part of the excess
24payment, the department or the division may order the insurer or self-insured
25employer that is liable for that excess payment to reimburse the insurer or

1self-insured employer that made the excess payment or, if applicable, the uninsured
2employers fund.
SB21-SSA1,2828 3Section 2828. 102.18 (1) (c) of the statutes is amended to read:
SB21-SSA1,869,104 102.18 (1) (c) If 2 or more examiners have conducted a formal hearing on a claim
5and are unable to agree on the order or award to be issued, the decision shall be the
6decision of the majority. If the examiners are equally divided on the decision, the
7department division may appoint an additional examiner who shall review the
8record and consult with the other examiners concerning their personal impressions
9of the credibility of the evidence. Findings of fact and an order or award may then
10be issued by a majority of the examiners.
SB21-SSA1,2829d 11Section 2829d. 102.18 (1) (e) of the statutes is amended to read:
SB21-SSA1,869,1812 102.18 (1) (e) Except as provided in s. 102.21, if the department or the division
13orders a party to pay an award of compensation, the party shall pay the award no
14later than 21 days after the date on which the order is mailed to the last-known
15address of the party, unless the party files a petition for review under sub. (3). This
16paragraph applies to all awards of compensation ordered by the department or the
17division
, whether the award results from a hearing, the default of a party, or a
18compromise or stipulation confirmed by the department or the division.
SB21-SSA1,2830d 19Section 2830d. 102.18 (2) of the statutes is renumbered 102.18 (2) (a) and
20amended to read:
SB21-SSA1,869,2421 102.18 (2) (a) The department shall have and maintain on its staff such
22examiners as are necessary to hear and decide disputed claims for compensation
23described in s. 102.16 (1) (b)
and to assist in the effective administration of this
24chapter. These examiners
SB21-SSA1,870,4
1(c) Examiners under pars. (a) and (b) shall be attorneys and may be designated
2as administrative law judges. These Those examiners may make findings and
3orders, and may approve, review, set aside, modify, or confirm stipulations of
4settlement or compromises of claims for compensation.
SB21-SSA1,2830e 5Section 2830e. 102.18 (2) (b) of the statutes is created to read:
SB21-SSA1,870,106 102.18 (2) (b) The division shall have and maintain on its staff such examiners
7as are necessary to decide claims for compensation described in s. 102.16 (1) (c) and
8to assist in the effective adjudication of claims under this chapter. The administrator
9shall require at least 18 examiners employed by the division to devote not less than
1080 percent of their work time to the duties specified in this paragraph.
SB21-SSA1,2831d 11Section 2831d. 102.18 (3) of the statutes is amended to read:
SB21-SSA1,871,512 102.18 (3) A party in interest may petition the commission for review of an
13examiner's decision awarding or denying compensation if the department , the
14division,
or the commission receives the petition within 21 days after the department
15or the division mailed a copy of the examiner's findings and order to the party's
16last-known address addresses of the parties in interest. The commission shall
17dismiss a petition which that is not timely filed unless the petitioner shows probable
18good cause that the reason for failure to timely file was beyond the petitioner's
19control. If no petition is filed within 21 days from after the date that on which a copy
20of the findings or order of the examiner is mailed to the last-known address
21addresses of the parties in interest, the findings or order shall be considered final
22unless set aside, reversed, or modified by the examiner within that time. If the
23findings or order are set aside by the examiner, the status shall be the same as prior
24to the setting aside of the findings or order set aside. If the findings or order are
25reversed or modified by the examiner, the time for filing a petition commences with

1on the date that on which notice of reversal or modification is mailed to the
2last-known address addresses of the parties in interest. The commission shall either
3affirm, reverse, set aside, or modify the findings or order, in whole or in part, or direct
4the taking of additional evidence. This The commission's action shall be based on a
5review of the evidence submitted.
SB21-SSA1,2833d 6Section 2833d. 102.18 (4) (c) 3. of the statutes is amended to read:
SB21-SSA1,871,87 102.18 (4) (c) 3. Remand the case to the department or the division for further
8proceedings.
SB21-SSA1,2834d 9Section 2834d. 102.18 (4) (d) of the statutes is amended to read:
SB21-SSA1,871,1610 102.18 (4) (d) While a petition for review by the commission is pending or after
11entry of an order or award by the commission but before commencement of an action
12for judicial review or expiration of the period in which to commence an action for
13judicial review, the commission shall remand any compromise presented to it to the
14department or the division for consideration and approval or rejection pursuant to
15under s. 102.16 (1). Presentation of a compromise does not affect the period in which
16to commence an action for judicial review.
SB21-SSA1,2835 17Section 2835. 102.18 (5) of the statutes is amended to read:
SB21-SSA1,872,318 102.18 (5) If it shall appear to the department appears to the division that a
19mistake may have been made as to cause of injury in the findings, order, or award
20upon an alleged injury based on accident, when in fact the employee was suffering
21from an occupational disease, within 3 years after the date of the findings, order, or
22award
the department division may, upon its own motion, with or without hearing,
23within 3 years from the date of such findings, order or award, set aside such the
24findings, order or award, or the department division may take such that action upon
25application made within such those 3 years. Thereafter, and after After an

1opportunity for hearing, the department division may, if in fact the employee is
2suffering from disease arising out of the employment, make new findings , and a new
3order or
award, or it the division may reinstate the previous findings, order, or award.
SB21-SSA1,2836 4Section 2836. 102.18 (6) of the statutes is amended to read:
SB21-SSA1,872,95 102.18 (6) In case of disease arising out of the employment, the department
6division may from time to time review its findings, order, or award, and make new
7findings, or a new order or award, based on the facts regarding disability or otherwise
8as they those facts may then appear at the time of the review. This subsection shall
9not affect the application of the limitation in s. 102.17 (4).
SB21-SSA1,2838d 10Section 2838d. 102.195 of the statutes is amended to read:
SB21-SSA1,872,18 11102.195 Employees confined in institutions; payment of benefits. In
12case an employee is adjudged insane mentally ill or incompetent, or convicted of a
13felony, and is confined in a public institution and has wholly dependent upon the
14employee for support a person, whose dependency is determined as if the employee
15were deceased, compensation payable during the period of the employee's
16confinement may be paid to the employee and the employee's dependents , in such
17manner, for such time, and in such amount as the department or division by order
18provides.
SB21-SSA1,2839 19Section 2839. 102.21 of the statutes is amended to read:
SB21-SSA1,873,9 20102.21 Payment of awards by municipalities. Whenever an award is made
21by the department under this chapter or s. 66.191, 1981 stats., against any
22municipality, the person in whose favor it the award is made shall file a certified copy
23thereof of the award with the municipal clerk. Within 20 days thereafter, unless
24Unless an appeal is taken, such within 20 days after that filing, the municipal clerk
25shall draw an order on the municipal treasurer for the payment of the award. If upon

1appeal such the award is affirmed in whole or in part the, the municipal clerk shall
2draw an
order for payment shall be drawn of the award within 10 days after a
3certified copy of such the judgment affirming the award is filed with the proper that
4clerk. If the award or judgment provides for more than one payment is provided for
5in the award or judgment, orders shall be drawn
, the municipal clerk shall draw
6orders for payment
as the payments become due. No statute relating to the filing of
7claims against, and or the auditing, allowing, and payment of claims by
8municipalities shall apply, a municipality applies to the payment of an award or
9judgment under this section.
SB21-SSA1,2840d 10Section 2840d. 102.22 (1) of the statutes is amended to read:
SB21-SSA1,874,211 102.22 (1) If the employer or his or her insurer inexcusably delays in making
12the first payment that is due an injured employee for more than 30 days after the day
13date on which the employee leaves work as a result of an injury and if the amount
14due is $500 or more, the payments as to which the delay is found shall be increased
15by 10% 10 percent. If the employer or his or her insurer inexcusably delays in making
16the first payment that is due an injured employee for more than 14 days after the day
17date on which the employee leaves work as a result of an injury, the payments as to
18which the delay is found may be increased by 10% 10 percent. If the employer or his
19or her insurer inexcusably delays for any length of time in making any other payment
20that is due an injured employee, the payments as to which the delay is found may
21be increased by 10%. Where 10 percent. If the delay is chargeable to the employer
22and not to the insurer, s. 102.62 shall apply applies and the relative liability of the
23parties shall be fixed and discharged as therein provided in that section. The
24department or the division may also order the employer or insurance carrier to
25reimburse the employee for any finance charges, collection charges , or interest which

1that the employee paid as a result of the inexcusable delay by the employer or
2insurance carrier.
SB21-SSA1,2841d 3Section 2841d. 102.22 (2) of the statutes is amended to read:
SB21-SSA1,874,134 102.22 (2) If the sum ordered by the department any sum that the department
5or the division orders
to be paid is not paid when due, that sum shall bear interest
6at the rate of 10% 10 percent per year. The state is liable for such interest on awards
7issued against it under this chapter. The department or the division has jurisdiction
8to issue an award for payment of such interest under this subsection at any time
9within one year of after the date of its order, or upon appeal , if the order is appealed,
10within one year
after final court determination. Such interest Interest awarded
11under this subsection
becomes due from the date the examiner's order becomes final
12or from the date of a decision by the labor and industry review commission,
13whichever is later.
SB21-SSA1,2842d 14Section 2842d. 102.23 (1) (a) of the statutes is amended to read:
SB21-SSA1,875,715 102.23 (1) (a) The findings of fact made by the commission acting within its
16powers shall, in the absence of fraud, be conclusive. The order or award granting or
17denying compensation, either interlocutory or final, whether judgment has been
18rendered on it the order or award or not, is subject to review only as provided in this
19section and not under ch. 227 or s. 801.02. Within 30 days after the date of an order
20or award made by the commission either originally or after the filing of a petition for
21review with the department, the division, or the commission under s. 102.18 any
22party aggrieved thereby by the order or award may by serving a complaint as
23provided in par. (b) and filing the summons and complaint with the clerk of the circuit
24court commence, in circuit court, an action against the commission for the review of
25the order or award, in which action the adverse party shall also be made a defendant.

1If the circuit court is satisfied that a party in interest has been prejudiced because
2of an exceptional delay in the receipt of a copy of any finding or order, it the circuit
3court
may extend the time in which an action may be commenced by an additional
430 days. The proceedings shall be in the circuit court of the county where the plaintiff
5resides, except that if the plaintiff is a state agency, the proceedings shall be in the
6circuit court of the county where the defendant resides. The proceedings may be
7brought in any circuit court if all parties stipulate and that court agrees.
SB21-SSA1,2844d 8Section 2844d. 102.23 (2) of the statutes is amended to read:
SB21-SSA1,875,129 102.23 (2) Upon the trial of any such an action for review of an order or award
10the court shall disregard any irregularity or error of the commission or, the
11department, or the division unless it is made to affirmatively appear that the
12plaintiff was damaged thereby by that irregularity or error.
SB21-SSA1,2845d 13Section 2845d. 102.23 (3) of the statutes is amended to read:
SB21-SSA1,875,1714 102.23 (3) The record in any case shall be transmitted to the department or the
15division
within 5 days after expiration of the time for appeal from the order or
16judgment of the court, unless an appeal shall be is taken from such that order or
17judgment.
SB21-SSA1,2846d 18Section 2846d. 102.23 (5) of the statutes is amended to read:
SB21-SSA1,875,2319 102.23 (5) When an action for review involves only the question of liability as
20between the employer and one or more insurance companies or as between several
21insurance companies, a party that has been ordered by the department , the division,
22the commission, or a court to pay compensation is not relieved from paying
23compensation as ordered.
SB21-SSA1,2847d 24Section 2847d. 102.24 (2) of the statutes is amended to read:
SB21-SSA1,876,9
1102.24 (2) After the commencement of an action to review any order or award
2of the commission, the parties may have the record remanded by the court for such
3time and under such condition as they the parties may provide, for the purpose of
4having the department or the division act upon the question of approving or
5disapproving any settlement or compromise that the parties may desire to have so
6approved. If approved, the action shall be at an end and judgment may be entered
7upon the approval as upon an award. If not approved, the department or the division
8shall immediately return
the record shall forthwith be returned to the circuit court
9and the action shall proceed as if no remand had been made.
SB21-SSA1,2848d 10Section 2848d. 102.25 (1) of the statutes is amended to read:
SB21-SSA1,876,2211 102.25 (1) Any party aggrieved by a judgment entered upon the review of any
12order or award may appeal therefrom the judgment within the time period specified
13in s. 808.04 (1). A trial court shall may not require the commission or any party to
14the action to execute, serve, or file an undertaking under s. 808.07 or to serve, or
15secure approval of, a transcript of the notes of the stenographic reporter or the tape
16of the recording machine. The state is a party aggrieved under this subsection if a
17judgment is entered upon the review confirming any order or award against it the
18state
. At any time before the case is set down for hearing in the court of appeals or
19the supreme court, the parties may have the record remanded by the court to the
20department or the division in the same manner and for the same purposes as
21provided for remanding from the circuit court to the department or the division under
22s. 102.24 (2).
SB21-SSA1,2849d 23Section 2849d. 102.26 (2) of the statutes is amended to read:
SB21-SSA1,877,1124 102.26 (2) Unless previously authorized by the department or the division, no
25fee may be charged or received for the enforcement or collection of any claim for

1compensation, nor may any contract for that enforcement or collection be enforceable
2when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that
3enforcement or collection, exceeds 20 percent of the amount at which that the claim
4is compromised or of the amount awarded, adjudged, or collected, except that in cases
5of admitted liability in which there is no dispute as to the amount of compensation
6due and in which no hearing or appeal is necessary, the fee charged may not exceed
710 percent, but not to exceed $250, of the amount at which that the claim is
8compromised or of the amount awarded, adjudged, or collected. The limitation as to
9fees shall apply to the combined charges of attorneys, solicitors, representatives, and
10adjusters who knowingly combine their efforts toward the enforcement or collection
11of any compensation claim.
SB21-SSA1,2850d 12Section 2850d. 102.26 (3) (b) 1. of the statutes is amended to read:
SB21-SSA1,877,1613 102.26 (3) (b) 1. The department may Subject to sub. (2), upon application of
14any interested party and subject to sub. (2), the department or the division may fix
15the fee of the claimant's attorney or representative and provide in the award for that
16fee to be paid directly to the attorney or representative.
SB21-SSA1,2851d 17Section 2851d. 102.26 (3) (b) 3. of the statutes is amended to read:
SB21-SSA1,877,2518 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer
19to pay any compensation that is due the claimant by depositing the payment directly
20into an account maintained by the claimant at a financial institution. If the insurer
21or self-insured employer agrees to the request, the insurer or self-insured employer
22may deposit the payment by direct deposit, electronic funds transfer, or any other
23money transfer technique approved by the department or the division. The claimant
24may revoke a request under this subdivision at any time by providing appropriate
25written notice to the insurer or self-insured employer.
SB21-SSA1,2852d
1Section 2852d. 102.26 (4) of the statutes is amended to read:
SB21-SSA1,878,82 102.26 (4) The charging or receiving of Any attorney or other person who
3charges or receives
any fee in violation of this section shall be unlawful, and the
4attorney or other person guilty thereof shall
may be required to forfeit double the
5amount retained by the attorney or other person, the same to which forfeiture shall
6be collected by the state in an action in debt, upon complaint of the department or
7the division
. Out of the sum recovered the court shall direct payment to the injured
8party of the amount of the overcharge.
SB21-SSA1,2853d 9Section 2853d. 102.27 (2) (b) of the statutes is amended to read:
SB21-SSA1,878,2210 102.27 (2) (b) If a governmental unit provides public assistance under ch. 49
11to pay medical costs or living expenses related to a claim under this chapter and if
12the governmental unit has given the parties to the claim written notice stating that
13the governmental unit provided the assistance and the cost of that assistance
, the
14department or the division shall order the employer or insurance carrier owing
15compensation shall to reimburse that governmental unit any compensation awarded
16or paid if the governmental unit has given the parties to the claim written notice
17stating that it provided the assistance and the cost of the assistance provided.
18Reimbursement shall equal the lesser of either
for the amount of assistance the
19governmental unit provided or two-thirds of the amount of the award or payment
20remaining after deduction of attorney fees and any other fees or costs chargeable
21under ch. 102, whichever is less. The department shall comply with this paragraph
22when making payments under s. 102.81.
SB21-SSA1,2861 23Section 2861. 102.28 (3) (c) of the statutes is amended to read:
SB21-SSA1,879,1424 102.28 (3) (c) An employee who has signed a waiver under par. (a) 1. and an
25affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the

1employer would be liable for under s. 102.03, who at the time of the injury was a
2member of a religious sect whose authorized representative has filed an affidavit
3under par. (a) 3. and an agreement under par. (a) 4., and who as a result of the injury
4becomes dependent on the religious sect for financial and medical assistance, or the
5employee's dependent, may request a hearing under s. 102.17 (1) to determine if the
6religious sect has provided the employee and his or her dependents with a standard
7of living and medical treatment that are reasonable when compared to the general
8standard of living and medical treatment for members of the religious sect. If, after
9hearing, the department division determines that the religious sect has not provided
10that standard of living or medical treatment, or both, the department division may
11order the religious sect to provide alternative benefits to that employee or his or her
12dependent, or both, in an amount that is reasonable under the circumstances, but
13not in excess of the benefits that the employee or dependent could have received
14under this chapter but for the waiver under par. (a) 1.
SB21-SSA1,2865d 15Section 2865d. 102.28 (4) (c) of the statutes is amended to read:
SB21-SSA1,879,1916 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not
17requested, the department division may issue an order to an employer to cease
18operations on a finding that the employer is an uninsured employer. If no hearing
19is requested, the department may issue such an order.
SB21-SSA1,2866 20Section 2866. 102.28 (4) (d) of the statutes is amended to read:
SB21-SSA1,879,2321 102.28 (4) (d) The department of justice may bring an action in any court of
22competent jurisdiction for an injunction or other remedy to enforce the department's
23an order to cease operations under par. (c).
SB21-SSA1,2873d 24Section 2873d. 102.29 (1) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,880,11
1102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the
2department shall become the agent of that party for the giving of a notice as required
3in par. (a) and the notice, when given to the department, shall include an affidavit
4setting forth the facts, including the steps taken to locate that party. Each party shall
5have an equal voice in the prosecution of the claim, and any disputes arising shall
6be passed upon by the court before whom the case is pending, and if no action is
7pending, then by a court of record or by the department or the division. If notice is
8given as provided in par. (a), the liability of the tort-feasor shall be determined as
9to all parties having a right to make claim and, irrespective of whether or not all
10parties join in prosecuting the claim, the proceeds of the claim shall be divided as
11follows:
SB21-SSA1,2875d 12Section 2875d. 102.29 (1) (c) of the statutes is amended to read:
SB21-SSA1,880,1813 102.29 (1) (c) If both the employee or the employee's personal representative
14or other person entitled to bring action, and the employer, compensation insurer, or
15department, join in the pressing of said claim and are represented by counsel, the
16attorney fees allowed as a part of the costs of collection shall be, unless otherwise
17agreed upon, divided between the attorneys for those parties as directed by the court
18or by the department or the division.
SB21-SSA1,2876d 19Section 2876d. 102.29 (1) (d) of the statutes is amended to read:
SB21-SSA1,880,2320 102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the
21settlement and the distribution of the proceeds of the settlement are approved by the
22court before whom the action is pending or, if no action is pending, then by a court
23of record or by the department or the division.
SB21-SSA1,2878 24Section 2878. 102.29 (8) of the statutes is amended to read:
SB21-SSA1,881,7
1102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private
2school, as defined in s. 115.001 (3r), or an institution of higher education who is
3named under s. 102.077 as an employee of the school district, private school, or
4institution of higher education
for purposes of this chapter and who makes a claim
5for compensation under this chapter may make a claim or maintain an action in tort
6against the employer that provided the work training or work experience from which
7the claim arose.
SB21-SSA1,2879d 8Section 2879d. 102.30 (7) (a) of the statutes is amended to read:
SB21-SSA1,881,149 102.30 (7) (a) The department or the division may order direct reimbursement
10out of the proceeds payable under this chapter for payments made under a
11nonindustrial insurance policy covering the same disability and expenses
12compensable under s. 102.42 when the claimant consents or when it is established
13that the payments under the nonindustrial insurance policy were improper. No
14attorney fee is due with respect to that reimbursement.
SB21-SSA1,2905d 15Section 2905d. 102.32 (1m) (intro.) of the statutes is amended to read:
SB21-SSA1,881,2016 102.32 (1m) (intro.) In any case in which compensation payments for an injury
17have extended or will extend over 6 months or more after the date of the injury or in
18any case in which death benefits are payable, any party in interest may, in the
19discretion of the department or the division, be discharged from, or compelled to
20guarantee, future compensation payments by doing any of the following:
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