Amendment SSA1-SB21

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:

SB21-SSA1,2919d Section 2919d. 102.33 (2) (b) 1. of the statutes is amended to read:

SB21-SSA1,884,24 102.33 (2) (b) 1. The requester is the employee who is the subject of the record or an attorney or authorized agent of that employee. An attorney or authorized agent of an employee who is the subject of a record shall provide a written authorization for inspection and copying from the employee if requested by the department or, the division, or the commission.

SB21-SSA1,2920d Section 2920d. 102.33 (2) (b) 2. of the statutes is amended to read:

SB21-SSA1,885,12 102.33 (2) (b) 2. The record that is requested contains confidential information concerning a worker's compensation claim and the requester is an insurance carrier or employer that is a party to any worker's compensation claim involving the same employee or an attorney or authorized agent of that insurance carrier or employer, except that the department or, the division, or the commission is not required to do a random search of its records and may require the requester to provide the approximate date of the injury and any other relevant information that would assist the department or, the division, or the commission in finding the record requested. An attorney or authorized agent of an insurance carrier or employer that is a party to an employee's worker's compensation claim shall provide a written authorization for inspection and copying from the insurance carrier or employer if requested by the department or, the division, or the commission.

SB21-SSA1,2922d Section 2922d. 102.33 (2) (b) 4. of the statutes is amended to read:

SB21-SSA1,885,15 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the department or, the division, or the commission to release the record.

SB21-SSA1,2923d Section 2923d. 102.33 (2) (c) of the statutes is amended to read:

SB21-SSA1,885,22 102.33 (2) (c) A record maintained by the department , the division, or the commission that contains employer or insurer information obtained from the Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is confidential and not open to public inspection or copying under s. 19.35 (1) unless the Wisconsin compensation rating bureau authorizes public inspection or copying of that information.

SB21-SSA1,2924d Section 2924d. 102.33 (2) (d) 2. of the statutes is amended to read:

SB21-SSA1,886,14 102.33 (2) (d) 2. The department or , the division, or the commission may release information that is confidential under par. (b) to a government unit, an institution of higher education, or a nonprofit research organization for purposes of research and may release information that is confidential under par. (c) to those persons for that purpose if the Wisconsin compensation rating bureau authorizes that release. A government unit, institution of higher education, or nonprofit research organization may not permit inspection or disclosure of any information released to it under this subdivision that is confidential under par. (b) unless the department or, the division, or the commission authorizes that inspection or disclosure and may not permit inspection or disclosure of any information released to it under this subdivision that is confidential under par. (c) unless the department or , the division, or the commission, and the Wisconsin compensation rating bureau, authorize the inspection or disclosure. A government unit, institution of higher education, or nonprofit research organization that obtains any confidential information under this subdivision for purposes of research shall provide the results of that research free of charge to the person that released or authorized the release of that information.

SB21-SSA1,2927d Section 2927d. 102.35 (3) of the statutes is amended to read:

SB21-SSA1,886,25 102.35 (3) Any employer who without reasonable cause refuses to rehire an employee who is injured in the course of employment, where when suitable employment is available within the employee's physical and mental limitations, upon order of the department and in addition to other benefits or the division, has exclusive liability to pay to the employee, in addition to other benefits, the wages lost during the period of such refusal, not exceeding one year's wages. In determining the availability of suitable employment the continuance in business of the employer shall be considered and any written rules promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall govern.

SB21-SSA1,2932d Section 2932d. 102.42 (1m) of the statutes is amended to read:

SB21-SSA1,887,11 102.42 (1m) Liability for unnecessary treatment. If an employee who has sustained a compensable injury undertakes in good faith invasive treatment that is generally medically acceptable, but that is unnecessary, the employer shall pay disability indemnity for all disability incurred as a result of that treatment. An employer is not liable for disability indemnity for any disability incurred as a result of any unnecessary treatment undertaken in good faith that is noninvasive or not medically acceptable. This subsection applies to all findings that an employee has sustained a compensable injury, whether the finding results from a hearing, the default of a party, or a compromise or stipulation confirmed by the department or the division.

SB21-SSA1,2933d Section 2933d. 102.42 (6) of the statutes is amended to read:

SB21-SSA1,887,24 102.42 (6) Treatment rejected by employee. Unless the employee shall have has elected Christian Science treatment in lieu of medical, surgical, dental, or hospital treatment, no compensation shall be payable for the death or disability of an employee, if the death be is caused, or insofar as the disability may be aggravated, caused, or continued by an unreasonable refusal or neglect to submit to or follow any competent and reasonable medical, surgical, or dental treatment or, in the case of tuberculosis, by refusal or neglect to submit to or follow hospital or medical treatment when found by the department or the division to be necessary. The right to compensation accruing during a period of refusal or neglect to submit to or follow hospital or medical treatment when found by the department or the division to be necessary in the case of tuberculosis shall be barred, irrespective of whether disability was aggravated, caused, or continued thereby by that refusal or neglect.

SB21-SSA1,2934d Section 2934d. 102.42 (8) of the statutes is amended to read:

SB21-SSA1,888,9 102.42 (8) Award to state employee. Whenever the department or the division makes an award is made by the department in on behalf of a state employee, the department of workforce development or the division shall file duplicate copies of the award with the subunit of the department of administration responsible for risk management. Upon receipt of the copies of the award, the department of administration shall promptly issue a voucher in payment of the award from the proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and shall transmit one copy of the voucher and the award to the officer, department, or agency by whom the affected employee is employed.

SB21-SSA1,2937d Section 2937d. 102.425 (4m) (a) of the statutes is amended to read:

SB21-SSA1,888,16 102.425 (4m) (a) The department has jurisdiction under this subsection and, the department and the division have jurisdiction under s. 102.16 (1m) (c), and the division has jurisdiction under s. 102.17 to resolve a dispute between a pharmacist or practitioner and an employer or insurer over the reasonableness of the amount charged for a prescription drug dispensed under sub. (2) for outpatient use by an injured employee who claims benefits under this chapter.

SB21-SSA1,2938d Section 2938d. 102.425 (4m) (b) of the statutes is amended to read:

SB21-SSA1,889,2 102.425 (4m) (b) An employer or insurer that disputes the reasonableness of the amount charged for a prescription drug dispensed under sub. (2) for outpatient use by an injured employee or the department or division under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a completed bill for the prescription drug, reasonable written notice to the pharmacist or practitioner that the charge is being disputed. After receiving reasonable written notice under this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1) (bg) 1. that a prescription drug charge is being disputed, a pharmacist or practitioner may not collect the disputed charge from, or bring an action for collection of the disputed charge against, the employee who received the prescription drug.

SB21-SSA1,2942d Section 2942d. 102.43 (5) (b) of the statutes is amended to read:

SB21-SSA1,889,14 102.43 (5) (b) Except as provided in s. 102.61 (1g), temporary disability shall also include such period as the employee may be receiving instruction under s. 102.61 (1) or (1m). Temporary disability on account of receiving instruction under s. 102.61 (1) or (1m), and not otherwise resulting from the injury, shall not be in excess of 80 weeks. Such That 80-week limitation does not apply to temporary disability benefits under this section, the cost of tuition, fees, books, travel, or maintenance under s. 102.61 (1), or the cost of private rehabilitation counseling or rehabilitative training under s. 102.61 (1m) if the department or the division determines that additional training is warranted. The necessity for additional training as authorized by the department or the division for any employee shall be subject to periodic review and reevaluation.

SB21-SSA1,2943 Section 2943. 102.44 (1) (ag) of the statutes is amended to read:

SB21-SSA1,889,25 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury that occurred prior to January 1, 2001, shall receive supplemental benefits that shall be payable in the first instance by the employer or, subject to par. (c), the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department out of the fund created under s. 102.65. Those supplemental benefits shall be paid only for weeks of disability occurring after January 1, 2003, and shall continue during the period of such total disability subsequent to that date.

SB21-SSA1,2944d Section 2944d. 102.44 (1) (ag) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,890,12 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury that occurred prior to January 1, 2001, shall receive supplemental benefits that shall be payable by the employer or, subject to par. (c), the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department out of the fund created under s. 102.65. Those supplemental benefits shall be paid only for weeks of disability occurring after January 1, 2003, and shall continue during the period of such total disability subsequent to that date.

SB21-SSA1,2945 Section 2945. 102.44 (1) (c) of the statutes is renumbered 102.44 (1) (c) 1. and amended to read:

SB21-SSA1,890,23 102.44 (1) (c) 1. Subject to any certificate filed under s. 102.65 (4), an employer or An insurance carrier paying the supplemental benefits required under this subsection shall be entitled to reimbursement for each such case from the fund established by s. 102.65 worker's compensation operations fund, commencing one year after the date of the first payment of those benefits and annually thereafter while those payments continue. To receive reimbursement under this paragraph, an employer or insurance carrier must file a claim for that reimbursement with the department by no later than 12 months after the end of the year in which the supplemental benefits were paid and the claim must be approved by the department.

SB21-SSA1,2947 Section 2947. 102.44 (1) (c) 2. of the statutes is created to read:

SB21-SSA1,891,9 102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under subd. 1., the department shall determine the total amount of all claims filed by that deadline and shall use that total to determine the amount to be collected under s. 102.75 (1g) from each licensed worker's compensation insurance carrier, deposited in the worker's compensation operations fund, and used to provide reimbursement to insurance carriers paying supplemental benefits under this subsection. Subject to subd. 3., the department shall pay a claim for reimbursement approved by the department by no later than 16 months after the end of the year in which the claim was received by the department.

SB21-SSA1,2949 Section 2949. 102.44 (1) (c) 3. of the statutes is created to read:

SB21-SSA1,891,20 102.44 (1) (c) 3. The maximum amount that the department may pay under subd. 2. in a calendar year is $5,000,000. If the amount determined payable under subd. 2. in a calendar year is $5,000,000 or less, the department shall pay that amount. If the amount determined payable under subd. 2. in a calendar year exceeds $5,000,000, the department shall pay $5,000,000 in the year in which the determination is made and, subject to the maximum amount payable of $5,000,000 per calendar year, shall pay the excess in the next calendar year or in subsequent calendar years until that excess is paid in full. The department shall pay claims for reimbursement under subd. 2. in the chronological order in which those claims are received.

SB21-SSA1,2951 Section 2951. 102.44 (1) (c) 4. of the statutes is created to read:

SB21-SSA1,891,23 102.44 (1) (c) 4. This paragraph does not apply to supplemental benefits paid for an injury that occurs on or after January 1, 2016.

SB21-SSA1,2952 Section 2952. 102.44 (2) of the statutes is amended to read:

SB21-SSA1,892,6 102.44 (2) In case of permanent total disability, aggregate indemnity shall be weekly indemnity for the period that the employee may live. Total impairment for industrial use of both eyes, or the loss of both arms at or near the shoulder, or the loss of both legs at or near the hip, or the loss of one arm at the shoulder and one leg at the hip, constitutes permanent total disability. This enumeration is not exclusive, but in other cases the department division shall find the facts.

SB21-SSA1,2954 Section 2954. 102.44 (6) (b) of the statutes is amended to read:

SB21-SSA1,892,13 102.44 (6) (b) If, during the period set forth in s. 102.17 (4) the employment relationship is terminated by the employer at the time of the injury , or by the employee because his or her physical or mental limitations prevent his or her continuing in such employment, or if during such that period a wage loss of 15% 15 percent or more occurs, the department division may reopen any award and make a redetermination taking into account loss of earning capacity.

SB21-SSA1,2957d Section 2957d. 102.475 (6) of the statutes is amended to read:

SB21-SSA1,892,17 102.475 (6) Proof. In administering this section the department or the division may require reasonable proof of birth, marriage, domestic partnership under ch. 770, relationship, or dependency.

SB21-SSA1,2958d Section 2958d. 102.48 (1) of the statutes is amended to read:

SB21-SSA1,892,24 102.48 (1) An unestranged surviving parent or parents to whose support the deceased has contributed less than $500 in the 52 weeks next preceding the injury causing death shall receive a death benefit of $6,500. If the parents are not living together, the department or the division shall divide this sum in such proportion as it deems the department or division considers to be just, considering their ages and other facts bearing on dependency.

SB21-SSA1,2959d Section 2959d. 102.48 (2) of the statutes is amended to read:

SB21-SSA1,893,15 102.48 (2) In all other cases the death benefit shall be such sum as the department shall determine or the division determines to represent fairly and justly the aid to support which the dependent might reasonably have anticipated from the deceased employee but for the injury. To establish anticipation of support and dependency, it shall not be essential that the deceased employee made any contribution to support. The aggregate benefits in such that case shall not exceed twice the average annual earnings of the deceased; or 4 times the contributions of the deceased to the support of such his or her dependents during the year immediately preceding the deceased employee's death, whichever amount is the greater. In no event shall the aggregate benefits in such that case exceed the amount which that would accrue to a person who is solely and wholly dependent. Where When there is more than one partial dependent the weekly benefit shall be apportioned according to their relative dependency. The term "support" as used in ss. 102.42 to 102.63 shall include contributions to the capital fund of the dependents, for their necessary comfort.

SB21-SSA1,2960d Section 2960d. 102.48 (3) of the statutes is amended to read:

SB21-SSA1,893,20 102.48 (3) A Except as otherwise provided, a death benefit, other than burial expenses, except as otherwise provided, shall be paid in weekly installments corresponding in amount to two-thirds of the weekly earnings of the employee, until otherwise ordered by the department or the division.

SB21-SSA1,2961d Section 2961d. 102.49 (3) of the statutes is amended to read:

SB21-SSA1,894,5 102.49 (3) If the employee leaves a spouse or domestic partner under ch. 770 wholly dependent and also a child by a former marriage, domestic partnership under ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same in amount as if the child were the child of the surviving spouse or partner, and the entire benefit shall be apportioned to the dependents in the amounts that the department or the division determines to be just, considering the ages of the dependents and other factors bearing on dependency. The benefit awarded to the surviving spouse or partner shall not exceed 4 times the average annual earnings of the deceased employee.

SB21-SSA1,2963d Section 2963d. 102.49 (6) of the statutes is amended to read:

SB21-SSA1,894,12 102.49 (6) The department or the division may award the additional benefits payable under this section to the surviving parent of the child, to the child's guardian, or to such other person, bank, or trust company for the child's use as may be found best calculated to conserve the interest interests of the child. In the case of death of a child If the child dies while benefits are still payable, there shall be paid the reasonable expense for burial, not exceeding $1,500.

SB21-SSA1,2964d Section 2964d. 102.51 (3) of the statutes is amended to read:

SB21-SSA1,894,18 102.51 (3) Division among dependents. If there is more than one person wholly or partially dependent on a deceased employee, the death benefit shall be divided between such those dependents in such proportion as the department shall determine or the division determines to be just, considering their ages and other facts bearing on such their dependency.

SB21-SSA1,2965d Section 2965d. 102.51 (4) of the statutes is amended to read:

SB21-SSA1,895,7 102.51 (4) Dependency as of the date of death. Questions as to who is a dependent and the extent of his or her dependency shall be determined as of the date of the death of the employee, and the dependent's right to any death benefit becomes fixed at that time, regardless of any subsequent change in conditions. The death benefit shall be directly recoverable by and payable to the dependents entitled thereto to the death benefit or their legal guardians or trustees. In case of the death of a dependent whose right to a death benefit has thus become fixed, so much of the benefit as is then unpaid is payable to the dependent's personal representatives in gross, unless the department or the division determines that the unpaid benefit shall be reassigned, under sub. (6), and paid to any other dependent who is physically or mentally incapacitated or a minor. A posthumous child is for the purpose For purposes of this subsection, a child of the employee who is born after the death of the employee is considered to be a dependent as of the date of death.

SB21-SSA1,2966d Section 2966d. 102.51 (6) of the statutes is amended to read:

SB21-SSA1,895,15 102.51 (6) Division among dependents. Benefits accruing to a minor dependent child may be awarded to either parent in the discretion of the department or the division. Notwithstanding sub. (1), the department or the division may reassign the death benefit, in accordance with their respective needs for the death benefit as between a surviving spouse or a domestic partner under ch. 770 and any children designated specified in sub. (1) and s. 102.49 in accordance with their respective needs for the death benefit.

SB21-SSA1,2967d Section 2967d. 102.55 (3) of the statutes is amended to read:

SB21-SSA1,895,25 102.55 (3) For all other injuries to the members of the body or its faculties which that are specified in this the schedule under s. 102.52 resulting in permanent disability, though the member be is not actually severed or the faculty is not totally lost, compensation shall bear such relation to that the compensation named in this the schedule as disabilities bear the disability bears to the disabilities disability named in this the schedule. Indemnity in such those cases shall be determined by allowing weekly indemnity during the healing period resulting from the injury and the percentage of permanent disability resulting thereafter after the healing period as found by the department or the division.

SB21-SSA1,2968d Section 2968d. 102.555 (12) (a) of the statutes is amended to read:

SB21-SSA1,896,6 102.555 (12) (a) An employer, the department, or the department division is not liable for the expense of any examination or test for hearing loss, any evaluation of such an exam or test, any medical treatment for improving or restoring hearing, or any hearing aid to relieve the effect of hearing loss unless it is determined that compensation for occupational deafness is payable under sub. (3), (4), or (11).

SB21-SSA1,2969d Section 2969d. 102.56 (1) of the statutes is amended to read:

SB21-SSA1,896,20 102.56 (1) Subject to sub. (2), if an employee is so permanently disfigured as to occasion potential wage loss due to the disfigurement, the department or the division may allow such sum as the department or the division considers just as compensation for the disfigurement, not exceeding the employee's average annual earnings. In determining the potential for wage loss due to the disfigurement and the sum awarded, the department or the division shall take into account the age, education, training, and previous experience and earnings of the employee, the employee's present occupation and earnings, and likelihood of future suitable occupational change. Consideration for disfigurement allowance is confined to those areas of the body that are exposed in the normal course of employment. The department or the division shall also take into account the appearance of the disfigurement, its location, and the likelihood of its exposure in occupations for which the employee is suited.

SB21-SSA1,2970d Section 2970d. 102.56 (2) of the statutes is amended to read:

SB21-SSA1,897,2 102.56 (2) If an employee who claims compensation under sub. (1) returns to work for the employer who employed the employee at the time of the injury, or is offered employment with that employer, at the same or a higher wage, the department or the division may not allow that compensation unless the employee suffers an actual wage loss due to the disfigurement.

SB21-SSA1,2971d Section 2971d. 102.565 (1) of the statutes is amended to read:

SB21-SSA1,897,25 102.565 (1) When an employee working subject to this chapter, as a result of exposure in the course of his or her employment over a period of time to toxic or hazardous substances or conditions, an employee performing work that is subject to this chapter develops any clinically observable abnormality or condition which that, on competent medical opinion, predisposes or renders the employ employee in any manner differentially susceptible to disability to such an extent that it is inadvisable for the employee to continue employment involving such that exposure and the employee, is discharged from or ceases to continue the employment, and suffers wage loss by reason of such that discharge from, or such cessation of, employment, the department or the division may allow such sum as it deems the department or the division considers just as compensation therefor for that wage loss, not exceeding $13,000. In the event If a nondisabling condition may also be caused by toxic or hazardous exposure not related to employment, and if the employee has a history of such that exposure, compensation as provided by under this section or any other remedy for loss of earning capacity shall not be allowed nor shall any other remedy for loss of earning capacity. In case of such discharge. If the employee is discharged from employment prior to a finding by the department or the division that it is inadvisable for the employee to continue in such that employment and if it is reasonably probable that continued exposure would result in disability, the liability of the employer who so discharges the employee is primary, and the liability of the employer's insurer is secondary, under the same procedure and to the same effect as provided by s. 102.62.

SB21-SSA1,2972d Section 2972d. 102.565 (2) of the statutes is amended to read:

SB21-SSA1,898,17 102.565 (2) Upon application of any employer or employee the department or the division may direct any employee of the employer or an employee who, in the course of his or her employment, has been exposed to toxic or hazardous substances or conditions, to submit to examination by a physician or one or more physicians to be appointed by the department or the division to determine whether the employee has developed any abnormality or condition under sub. (1), and the degree thereof of that abnormality or condition. The cost of the medical examination shall be borne by the person making application. The physician conducting the examination shall submit the results of the examination shall be submitted by the physician to the department or the division, which shall submit copies of the reports to the employer and employee, who shall have an opportunity to rebut the reports provided request therefor if a request to submit a rebuttal is made to the department or the division within 10 days from the mailing of after the department or the division mails the report to the parties. The department or the division shall make its findings as to whether or not it is inadvisable for the employee to continue in his or her employment.

SB21-SSA1,2973d Section 2973d. 102.565 (3) of the statutes is amended to read:

SB21-SSA1,898,23 102.565 (3) If an employee refuses to submit to the examination after direction by the commission, or any member thereof or the department or any member of the commission, the department, the division, or an examiner thereof,, an employee refuses to submit to an examination or in any way obstructs the same examination, the employee's right to compensation under this section shall be barred.

SB21-SSA1,2974 Section 2974. 102.57 of the statutes is amended to read:

SB21-SSA1,899,7 102.57 Violations of safety provisions, penalty. If injury is caused by the failure of the employer to comply with any statute, rule, or order of the department of safety and professional services, compensation and death benefits provided in this chapter shall be increased 15% by 15 percent but the total increase may not exceed $15,000. Failure of an employer reasonably to enforce compliance by employees with any statute, rule, or order of the department of safety and professional services constitutes failure by the employer to comply with that statute, rule, or order.

SB21-SSA1,2975 Section 2975. 102.58 of the statutes is amended to read:

SB21-SSA1,899,19 102.58 Decreased compensation. If injury is caused by the failure of the employee to use safety devices that are provided in accordance with any statute, rule, or order of the department of safety and professional services and that are adequately maintained, and the use of which is reasonably enforced by the employer, if injury results from the employee's failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of the employee and of which the employee has notice, or if injury results from the intoxication of the employee by alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), the compensation and death benefit provided in this chapter shall be reduced 15% by 15 percent but the total reduction may not exceed $15,000.

SB21-SSA1,2978 Section 2978. 102.61 (1g) (c) of the statutes is amended to read: