Amendment SSA1-SB21

SB21-SSA1,2827d Section 2827d. 102.18 (1) (bw) of the statutes is amended to read:

SB21-SSA1,869,2 102.18 (1) (bw) If an insurer, a self-insured employer, or, if applicable, the uninsured employers fund pays compensation to an employee in excess of its liability and another insurer or self-insured employer is liable for all or part of the excess payment, the department or the division may order the insurer or self-insured employer that is liable for that excess payment to reimburse the insurer or self-insured employer that made the excess payment or, if applicable, the uninsured employers fund.

SB21-SSA1,2828 Section 2828. 102.18 (1) (c) of the statutes is amended to read:

SB21-SSA1,869,10 102.18 (1) (c) If 2 or more examiners have conducted a formal hearing on a claim and are unable to agree on the order or award to be issued, the decision shall be the decision of the majority. If the examiners are equally divided on the decision, the department division may appoint an additional examiner who shall review the record and consult with the other examiners concerning their personal impressions of the credibility of the evidence. Findings of fact and an order or award may then be issued by a majority of the examiners.

SB21-SSA1,2829d Section 2829d. 102.18 (1) (e) of the statutes is amended to read:

SB21-SSA1,869,18 102.18 (1) (e) Except as provided in s. 102.21, if the department or the division orders a party to pay an award of compensation, the party shall pay the award no later than 21 days after the date on which the order is mailed to the last-known address of the party, unless the party files a petition for review under sub. (3). This paragraph applies to all awards of compensation ordered by the department or the division, whether the award results from a hearing, the default of a party, or a compromise or stipulation confirmed by the department or the division.

SB21-SSA1,2830d Section 2830d. 102.18 (2) of the statutes is renumbered 102.18 (2) (a) and amended to read:

SB21-SSA1,869,24 102.18 (2) (a) The department shall have and maintain on its staff such examiners as are necessary to hear and decide disputed claims for compensation described in s. 102.16 (1) (b) and to assist in the effective administration of this chapter. These examiners

SB21-SSA1,870,4 (c) Examiners under pars. (a) and (b) shall be attorneys and may be designated as administrative law judges. These Those examiners may make findings and orders, and may approve, review, set aside, modify, or confirm stipulations of settlement or compromises of claims for compensation.

SB21-SSA1,2830e Section 2830e. 102.18 (2) (b) of the statutes is created to read:

SB21-SSA1,870,10 102.18 (2) (b) The division shall have and maintain on its staff such examiners as are necessary to decide claims for compensation described in s. 102.16 (1) (c) and to assist in the effective adjudication of claims under this chapter. The administrator shall require at least 18 examiners employed by the division to devote not less than 80 percent of their work time to the duties specified in this paragraph.

SB21-SSA1,2831d Section 2831d. 102.18 (3) of the statutes is amended to read:

SB21-SSA1,871,5 102.18 (3) A party in interest may petition the commission for review of an examiner's decision awarding or denying compensation if the department , the division, or the commission receives the petition within 21 days after the department or the division mailed a copy of the examiner's findings and order to the party's last-known address addresses of the parties in interest. The commission shall dismiss a petition which that is not timely filed unless the petitioner shows probable good cause that the reason for failure to timely file was beyond the petitioner's control. If no petition is filed within 21 days from after the date that on which a copy of the findings or order of the examiner is mailed to the last-known address addresses of the parties in interest, the findings or order shall be considered final unless set aside, reversed, or modified by the examiner within that time. If the findings or order are set aside by the examiner, the status shall be the same as prior to the setting aside of the findings or order set aside. If the findings or order are reversed or modified by the examiner, the time for filing a petition commences with on the date that on which notice of reversal or modification is mailed to the last-known address addresses of the parties in interest. The commission shall either affirm, reverse, set aside, or modify the findings or order, in whole or in part, or direct the taking of additional evidence. This The commission's action shall be based on a review of the evidence submitted.

SB21-SSA1,2833d Section 2833d. 102.18 (4) (c) 3. of the statutes is amended to read:

SB21-SSA1,871,8 102.18 (4) (c) 3. Remand the case to the department or the division for further proceedings.

SB21-SSA1,2834d Section 2834d. 102.18 (4) (d) of the statutes is amended to read:

SB21-SSA1,871,16 102.18 (4) (d) While a petition for review by the commission is pending or after entry of an order or award by the commission but before commencement of an action for judicial review or expiration of the period in which to commence an action for judicial review, the commission shall remand any compromise presented to it to the department or the division for consideration and approval or rejection pursuant to under s. 102.16 (1). Presentation of a compromise does not affect the period in which to commence an action for judicial review.

SB21-SSA1,2835 Section 2835. 102.18 (5) of the statutes is amended to read:

SB21-SSA1,872,3 102.18 (5) If it shall appear to the department appears to the division that a mistake may have been made as to cause of injury in the findings, order, or award upon an alleged injury based on accident, when in fact the employee was suffering from an occupational disease, within 3 years after the date of the findings, order, or award the department division may, upon its own motion, with or without hearing, within 3 years from the date of such findings, order or award, set aside such the findings, order or award, or the department division may take such that action upon application made within such those 3 years. Thereafter, and after After an opportunity for hearing, the department division may, if in fact the employee is suffering from disease arising out of the employment, make new findings , and a new order or award, or it the division may reinstate the previous findings, order, or award.

SB21-SSA1,2836 Section 2836. 102.18 (6) of the statutes is amended to read:

SB21-SSA1,872,9 102.18 (6) In case of disease arising out of the employment, the department division may from time to time review its findings, order, or award, and make new findings, or a new order or award, based on the facts regarding disability or otherwise as they those facts may then appear at the time of the review. This subsection shall not affect the application of the limitation in s. 102.17 (4).

SB21-SSA1,2838d Section 2838d. 102.195 of the statutes is amended to read:

SB21-SSA1,872,18 102.195 Employees confined in institutions; payment of benefits. In case an employee is adjudged insane mentally ill or incompetent, or convicted of a felony, and is confined in a public institution and has wholly dependent upon the employee for support a person, whose dependency is determined as if the employee were deceased, compensation payable during the period of the employee's confinement may be paid to the employee and the employee's dependents , in such manner, for such time, and in such amount as the department or division by order provides.

SB21-SSA1,2839 Section 2839. 102.21 of the statutes is amended to read:

SB21-SSA1,873,9 102.21 Payment of awards by municipalities. Whenever an award is made by the department under this chapter or s. 66.191, 1981 stats., against any municipality, the person in whose favor it the award is made shall file a certified copy thereof of the award with the municipal clerk. Within 20 days thereafter, unless Unless an appeal is taken, such within 20 days after that filing, the municipal clerk shall draw an order on the municipal treasurer for the payment of the award. If upon appeal such the award is affirmed in whole or in part the, the municipal clerk shall draw an order for payment shall be drawn of the award within 10 days after a certified copy of such the judgment affirming the award is filed with the proper that clerk. If the award or judgment provides for more than one payment is provided for in the award or judgment, orders shall be drawn, the municipal clerk shall draw orders for payment as the payments become due. No statute relating to the filing of claims against, and or the auditing, allowing, and payment of claims by municipalities shall apply, a municipality applies to the payment of an award or judgment under this section.

SB21-SSA1,2840d Section 2840d. 102.22 (1) of the statutes is amended to read:

SB21-SSA1,874,2 102.22 (1) If the employer or his or her insurer inexcusably delays in making the first payment that is due an injured employee for more than 30 days after the day date on which the employee leaves work as a result of an injury and if the amount due is $500 or more, the payments as to which the delay is found shall be increased by 10% 10 percent. If the employer or his or her insurer inexcusably delays in making the first payment that is due an injured employee for more than 14 days after the day date on which the employee leaves work as a result of an injury, the payments as to which the delay is found may be increased by 10% 10 percent. If the employer or his or her insurer inexcusably delays for any length of time in making any other payment that is due an injured employee, the payments as to which the delay is found may be increased by 10%. Where 10 percent. If the delay is chargeable to the employer and not to the insurer, s. 102.62 shall apply applies and the relative liability of the parties shall be fixed and discharged as therein provided in that section. The department or the division may also order the employer or insurance carrier to reimburse the employee for any finance charges, collection charges , or interest which that the employee paid as a result of the inexcusable delay by the employer or insurance carrier.

SB21-SSA1,2841d Section 2841d. 102.22 (2) of the statutes is amended to read:

SB21-SSA1,874,13 102.22 (2) If the sum ordered by the department any sum that the department or the division orders to be paid is not paid when due, that sum shall bear interest at the rate of 10% 10 percent per year. The state is liable for such interest on awards issued against it under this chapter. The department or the division has jurisdiction to issue an award for payment of such interest under this subsection at any time within one year of after the date of its order, or upon appeal , if the order is appealed, within one year after final court determination. Such interest Interest awarded under this subsection becomes due from the date the examiner's order becomes final or from the date of a decision by the labor and industry review commission, whichever is later.

SB21-SSA1,2842d Section 2842d. 102.23 (1) (a) of the statutes is amended to read:

SB21-SSA1,875,7 102.23 (1) (a) The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive. The order or award granting or denying compensation, either interlocutory or final, whether judgment has been rendered on it the order or award or not, is subject to review only as provided in this section and not under ch. 227 or s. 801.02. Within 30 days after the date of an order or award made by the commission either originally or after the filing of a petition for review with the department, the division, or the commission under s. 102.18 any party aggrieved thereby by the order or award may by serving a complaint as provided in par. (b) and filing the summons and complaint with the clerk of the circuit court commence, in circuit court, an action against the commission for the review of the order or award, in which action the adverse party shall also be made a defendant. If the circuit court is satisfied that a party in interest has been prejudiced because of an exceptional delay in the receipt of a copy of any finding or order, it the circuit court may extend the time in which an action may be commenced by an additional 30 days. The proceedings shall be in the circuit court of the county where the plaintiff resides, except that if the plaintiff is a state agency, the proceedings shall be in the circuit court of the county where the defendant resides. The proceedings may be brought in any circuit court if all parties stipulate and that court agrees.

SB21-SSA1,2844d Section 2844d. 102.23 (2) of the statutes is amended to read:

SB21-SSA1,875,12 102.23 (2) Upon the trial of any such an action for review of an order or award the court shall disregard any irregularity or error of the commission or, the department, or the division unless it is made to affirmatively appear that the plaintiff was damaged thereby by that irregularity or error.

SB21-SSA1,2845d Section 2845d. 102.23 (3) of the statutes is amended to read:

SB21-SSA1,875,17 102.23 (3) The record in any case shall be transmitted to the department or the division within 5 days after expiration of the time for appeal from the order or judgment of the court, unless an appeal shall be is taken from such that order or judgment.

SB21-SSA1,2846d Section 2846d. 102.23 (5) of the statutes is amended to read:

SB21-SSA1,875,23 102.23 (5) When an action for review involves only the question of liability as between the employer and one or more insurance companies or as between several insurance companies, a party that has been ordered by the department , the division, the commission, or a court to pay compensation is not relieved from paying compensation as ordered.

SB21-SSA1,2847d Section 2847d. 102.24 (2) of the statutes is amended to read:

SB21-SSA1,876,9 102.24 (2) After the commencement of an action to review any order or award of the commission, the parties may have the record remanded by the court for such time and under such condition as they the parties may provide, for the purpose of having the department or the division act upon the question of approving or disapproving any settlement or compromise that the parties may desire to have so approved. If approved, the action shall be at an end and judgment may be entered upon the approval as upon an award. If not approved, the department or the division shall immediately return the record shall forthwith be returned to the circuit court and the action shall proceed as if no remand had been made.

SB21-SSA1,2848d Section 2848d. 102.25 (1) of the statutes is amended to read:

SB21-SSA1,876,22 102.25 (1) Any party aggrieved by a judgment entered upon the review of any order or award may appeal therefrom the judgment within the time period specified in s. 808.04 (1). A trial court shall may not require the commission or any party to the action to execute, serve, or file an undertaking under s. 808.07 or to serve, or secure approval of, a transcript of the notes of the stenographic reporter or the tape of the recording machine. The state is a party aggrieved under this subsection if a judgment is entered upon the review confirming any order or award against it the state. At any time before the case is set down for hearing in the court of appeals or the supreme court, the parties may have the record remanded by the court to the department or the division in the same manner and for the same purposes as provided for remanding from the circuit court to the department or the division under s. 102.24 (2).

SB21-SSA1,2849d Section 2849d. 102.26 (2) of the statutes is amended to read:

SB21-SSA1,877,11 102.26 (2) Unless previously authorized by the department or the division, no fee may be charged or received for the enforcement or collection of any claim for compensation, nor may any contract for that enforcement or collection be enforceable when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that enforcement or collection, exceeds 20 percent of the amount at which that the claim is compromised or of the amount awarded, adjudged, or collected, except that in cases of admitted liability in which there is no dispute as to the amount of compensation due and in which no hearing or appeal is necessary, the fee charged may not exceed 10 percent, but not to exceed $250, of the amount at which that the claim is compromised or of the amount awarded, adjudged, or collected. The limitation as to fees shall apply to the combined charges of attorneys, solicitors, representatives, and adjusters who knowingly combine their efforts toward the enforcement or collection of any compensation claim.

SB21-SSA1,2850d Section 2850d. 102.26 (3) (b) 1. of the statutes is amended to read:

SB21-SSA1,877,16 102.26 (3) (b) 1. The department may Subject to sub. (2), upon application of any interested party and subject to sub. (2), the department or the division may fix the fee of the claimant's attorney or representative and provide in the award for that fee to be paid directly to the attorney or representative.

SB21-SSA1,2851d Section 2851d. 102.26 (3) (b) 3. of the statutes is amended to read:

SB21-SSA1,877,25 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer to pay any compensation that is due the claimant by depositing the payment directly into an account maintained by the claimant at a financial institution. If the insurer or self-insured employer agrees to the request, the insurer or self-insured employer may deposit the payment by direct deposit, electronic funds transfer, or any other money transfer technique approved by the department or the division. The claimant may revoke a request under this subdivision at any time by providing appropriate written notice to the insurer or self-insured employer.

SB21-SSA1,2852d Section 2852d. 102.26 (4) of the statutes is amended to read:

SB21-SSA1,878,8 102.26 (4) The charging or receiving of Any attorney or other person who charges or receives any fee in violation of this section shall be unlawful, and the attorney or other person guilty thereof shall may be required to forfeit double the amount retained by the attorney or other person, the same to which forfeiture shall be collected by the state in an action in debt, upon complaint of the department or the division. Out of the sum recovered the court shall direct payment to the injured party of the amount of the overcharge.

SB21-SSA1,2853d Section 2853d. 102.27 (2) (b) of the statutes is amended to read:

SB21-SSA1,878,22 102.27 (2) (b) If a governmental unit provides public assistance under ch. 49 to pay medical costs or living expenses related to a claim under this chapter and if the governmental unit has given the parties to the claim written notice stating that the governmental unit provided the assistance and the cost of that assistance, the department or the division shall order the employer or insurance carrier owing compensation shall to reimburse that governmental unit any compensation awarded or paid if the governmental unit has given the parties to the claim written notice stating that it provided the assistance and the cost of the assistance provided. Reimbursement shall equal the lesser of either for the amount of assistance the governmental unit provided or two-thirds of the amount of the award or payment remaining after deduction of attorney fees and any other fees or costs chargeable under ch. 102, whichever is less. The department shall comply with this paragraph when making payments under s. 102.81.

SB21-SSA1,2861 Section 2861. 102.28 (3) (c) of the statutes is amended to read:

SB21-SSA1,879,14 102.28 (3) (c) An employee who has signed a waiver under par. (a) 1. and an affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the employer would be liable for under s. 102.03, who at the time of the injury was a member of a religious sect whose authorized representative has filed an affidavit under par. (a) 3. and an agreement under par. (a) 4., and who as a result of the injury becomes dependent on the religious sect for financial and medical assistance, or the employee's dependent, may request a hearing under s. 102.17 (1) to determine if the religious sect has provided the employee and his or her dependents with a standard of living and medical treatment that are reasonable when compared to the general standard of living and medical treatment for members of the religious sect. If, after hearing, the department division determines that the religious sect has not provided that standard of living or medical treatment, or both, the department division may order the religious sect to provide alternative benefits to that employee or his or her dependent, or both, in an amount that is reasonable under the circumstances, but not in excess of the benefits that the employee or dependent could have received under this chapter but for the waiver under par. (a) 1.

SB21-SSA1,2865d Section 2865d. 102.28 (4) (c) of the statutes is amended to read:

SB21-SSA1,879,19 102.28 (4) (c) After a hearing under par. (b), or without a hearing if one is not requested, the department division may issue an order to an employer to cease operations on a finding that the employer is an uninsured employer. If no hearing is requested, the department may issue such an order.

SB21-SSA1,2866 Section 2866. 102.28 (4) (d) of the statutes is amended to read:

SB21-SSA1,879,23 102.28 (4) (d) The department of justice may bring an action in any court of competent jurisdiction for an injunction or other remedy to enforce the department's an order to cease operations under par. (c).

SB21-SSA1,2873d Section 2873d. 102.29 (1) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,880,11 102.29 (1) (b) (intro.) If a party entitled to notice cannot be found, the department shall become the agent of that party for the giving of a notice as required in par. (a) and the notice, when given to the department, shall include an affidavit setting forth the facts, including the steps taken to locate that party. Each party shall have an equal voice in the prosecution of the claim, and any disputes arising shall be passed upon by the court before whom the case is pending, and if no action is pending, then by a court of record or by the department or the division. If notice is given as provided in par. (a), the liability of the tort-feasor shall be determined as to all parties having a right to make claim and, irrespective of whether or not all parties join in prosecuting the claim, the proceeds of the claim shall be divided as follows:

SB21-SSA1,2875d Section 2875d. 102.29 (1) (c) of the statutes is amended to read:

SB21-SSA1,880,18 102.29 (1) (c) If both the employee or the employee's personal representative or other person entitled to bring action, and the employer, compensation insurer, or department, join in the pressing of said claim and are represented by counsel, the attorney fees allowed as a part of the costs of collection shall be, unless otherwise agreed upon, divided between the attorneys for those parties as directed by the court or by the department or the division.

SB21-SSA1,2876d Section 2876d. 102.29 (1) (d) of the statutes is amended to read:

SB21-SSA1,880,23 102.29 (1) (d) A settlement of a 3rd-party claim shall be void unless the settlement and the distribution of the proceeds of the settlement are approved by the court before whom the action is pending or, if no action is pending, then by a court of record or by the department or the division.

SB21-SSA1,2878 Section 2878. 102.29 (8) of the statutes is amended to read:

SB21-SSA1,881,7 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private school, as defined in s. 115.001 (3r), or an institution of higher education who is named under s. 102.077 as an employee of the school district, private school, or institution of higher education for purposes of this chapter and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer that provided the work training or work experience from which the claim arose.

SB21-SSA1,2879d Section 2879d. 102.30 (7) (a) of the statutes is amended to read:

SB21-SSA1,881,14 102.30 (7) (a) The department or the division may order direct reimbursement out of the proceeds payable under this chapter for payments made under a nonindustrial insurance policy covering the same disability and expenses compensable under s. 102.42 when the claimant consents or when it is established that the payments under the nonindustrial insurance policy were improper. No attorney fee is due with respect to that reimbursement.

SB21-SSA1,2905d Section 2905d. 102.32 (1m) (intro.) of the statutes is amended to read:

SB21-SSA1,881,20 102.32 (1m) (intro.) In any case in which compensation payments for an injury have extended or will extend over 6 months or more after the date of the injury or in any case in which death benefits are payable, any party in interest may, in the discretion of the department or the division, be discharged from, or compelled to guarantee, future compensation payments by doing any of the following:

SB21-SSA1,2906d Section 2906d. 102.32 (1m) (a) of the statutes is amended to read:

SB21-SSA1,881,25 102.32 (1m) (a) Depositing the present value of the total unpaid compensation upon a 5 percent interest discount basis with a credit union, savings bank, savings and loan association, bank, or trust company designated by the department or the division.

SB21-SSA1,2907d Section 2907d. 102.32 (1m) (c) of the statutes is amended to read:

SB21-SSA1,882,3 102.32 (1m) (c) Making payment in gross upon a 5 percent interest discount basis to be approved by the department or the division.

SB21-SSA1,2908d Section 2908d. 102.32 (1m) (d) of the statutes is amended to read:

SB21-SSA1,882,18 102.32 (1m) (d) In cases in which the time for making payments or the amounts of payments cannot be definitely determined, furnishing a bond, or other security, satisfactory to the department or the division for the payment of compensation as may be due or become due. The acceptance of the bond, or other security, and the form and sufficiency of the bond or other security, shall be subject to the approval of the department or the division. If the employer or insurer is unable or fails to immediately procure the bond, then, the employer or insurer, in lieu of procuring the bond, shall deposit shall be made with a credit union, savings bank, savings and loan association, bank, or trust company designated by the department , of or the division the maximum amount that may reasonably become payable in these those cases, to be determined by the department or the division at amounts consistent with the extent of the injuries and the law. The bonds and deposits are to may be reduced only to satisfy claims and may be withdrawn only after the claims which they are to guarantee are fully satisfied or liquidated under par. (a), (b), or (c).

SB21-SSA1,2909d Section 2909d. 102.32 (5) of the statutes is amended to read:

SB21-SSA1,883,2 102.32 (5) Any insured employer may, within in the discretion of the department or the division, compel the insurer to discharge, or to guarantee payment of, the employer's liabilities in any case described in sub. (1m) and thereby by that discharge or guarantee release the employer from compensation liability for compensation in that case, but except that if for any reason a bond furnished or deposit made under sub. (1m) (d) does not fully protect the beneficiary of the bond or deposit, the compensation insurer or insured employer, as the case may be, shall still be liable to the that beneficiary of the bond or deposit.

SB21-SSA1,2913d Section 2913d. 102.32 (6m) of the statutes is amended to read:

SB21-SSA1,883,11 102.32 (6m) The department or the division may direct an advance on a payment of unaccrued compensation for permanent disability or death benefits if the department or the division determines that the advance payment is in the best interest of the injured employee or the employee's dependents. In directing the advance, the department or the division shall give the employer or the employer's insurer an interest credit against its liability. The credit shall be computed at 5 percent. An injured employee or dependent may receive no more than 3 advance payments per calendar year.

SB21-SSA1,2914 Section 2914. 102.32 (7) of the statutes is amended to read:

SB21-SSA1,883,16 102.32 (7) No lump sum settlement shall be allowed in any case of permanent total disability upon an estimated life expectancy, except upon consent of all parties, after hearing and finding by the department division that the interests of the injured employee will be conserved thereby by the lump sum settlement.

SB21-SSA1,2915 Section 2915. 102.33 (title) of the statutes is amended to read:

SB21-SSA1,883,18 102.33 (title) Department forms Forms and records; public access.

SB21-SSA1,2916d Section 2916d. 102.33 (1) of the statutes is amended to read:

SB21-SSA1,883,24 102.33 (1) The department and the division shall print and furnish free to any employer or employee any blank forms that the department considers are necessary to facilitate efficient administration of this chapter. The department and the division shall keep any record books or records that the department considers are necessary for the proper and efficient administration of this chapter.

SB21-SSA1,2917d Section 2917d. 102.33 (2) (a) of the statutes is amended to read:

SB21-SSA1,884,4 102.33 (2) (a) Except as provided in pars. (b) and (c), the records of the department, and the records of the division, and the commission, related to the administration of this chapter are subject to inspection and copying under s. 19.35 (1).

SB21-SSA1,2918d Section 2918d. 102.33 (2) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,884,18 102.33 (2) (b) (intro.) Except as provided in this paragraph and par. (d), a record maintained by the department or by, the division, or the commission that reveals the identity of an employee who claims worker's compensation benefits, the nature of the employee's claimed injury, the employee's past or present medical condition, the extent of the employee's disability, or the amount, type, or duration of benefits paid to the employee and a record maintained by the department that reveals any financial information provided to the department by a self-insured employer or by an applicant for exemption under s. 102.28 (2) (b) are confidential and not open to public inspection or copying under s. 19.35 (1). The department or, the division, or the commission may deny a request made under s. 19.35 (1) or, subject to s. 102.17 (2m) and (2s), refuse to honor a subpoena issued by an attorney of record in a civil or criminal action or special proceeding to inspect and copy a record that is confidential under this paragraph, unless one of the following applies: