The bill also sets the average weekly earnings and maximum compensation
rates for temporary disability, permanent total disability and death benefits for
injuries occurring on or after January 1, 1996, and January 1, 1997. For injuries
occurring during calendar year 1996, the average weekly earnings are not more than
$741, resulting in a maximum compensation rate of $494. For injuries occurring
during calendar year 1997, the average weekly earnings are not more than $763.50,
resulting in a maximum compensation rate of $509.
The bill also raises the amount of supplemental benefits that are payable to an
employe who is receiving compensation for permanent total disability or continuous
temporary total disability resulting from an injury that occurred before January 1,
1976. Currently, if that employe is receiving the maximum weekly benefit in effect
at the time of the injury, the supplemental benefit is an amount that when added to
the regular benefit, equals $125. This bill raises that amount to $150. If that
employe is receiving less than the maximum weekly benefit in effect at the time of
the injury, the supplemental benefit is an amount that is sufficient to bring the total
weekly benefit to the same proportion of $150 as the employe's regular weekly benefit
bears to the maximum weekly benefit in effect at the time of the injury.
Under current law, when the death of an employe results from an injury that
is covered under the worker's compensation law, the employer or insurer must pay
the reasonable cost of burial, not exceeding $4,000. The bill raises the burial expense
limit to $6,000.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB607, s. 1 1Section 1. 20.445 (1) (ha) of the statutes is amended to read:
AB607,8,22 20.445 (1) (ha) Worker's compensation operations. The amounts in the schedule
3for the administration of the worker's compensation program by the department. All
4moneys received under s. ss. 102.28 (2) (b) and 102.75 for the department's activities
5shall be credited to this appropriation. From this appropriation, an amount not to

1exceed $5,000 may be expended each fiscal year for payment of expenses for travel
2and research by the council on worker's compensation.
AB607, s. 2 3Section 2. 20.445 (1) (ha) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is repealed and recreated to read:
AB607,8,115 20.445 (1) (ha) Worker's compensation operations. The amounts in the schedule
6for the administration of the worker's compensation program by the department. All
7moneys received under ss. 102.28 (2) (b) and 102.75 for the department's activities
8and not appropriated under par. (hp) shall be credited to this appropriation. From
9this appropriation, an amount not to exceed $5,000 may be expended each fiscal year
10for payment of expenses for travel and research by the council on worker's
11compensation.
AB607, s. 3 12Section 3. 20.445 (1) (sm) of the statutes is amended to read:
AB607,8,1713 20.445 (1) (sm) Uninsured employers fund; payments. From the uninsured
14employers fund, a sum sufficient to make the payments under s. 102.81 (1). No
15moneys may be expended or encumbered under this paragraph until the first day of
16the calendar quarter first July beginning after the day that the secretary of industry,
17labor and human relations files the certificate under s. 102.80 (3) (a).
AB607, s. 4 18Section 4. 20.445 (1) (sp) of the statutes is renumbered 20.445 (1) (hp) and
19amended to read:
AB607,8,2220 20.445 (1) (hp) (title) Uninsured employers fund program; administration.
21From the uninsured employers fund moneys received under s. 102.75, the amounts
22in the schedule for the administration of ss. 102.28 (4) and 102.80 to 102.89.
AB607, s. 5 23Section 5. 102.01 (1) (em) of the statutes is created to read:
AB607,9,224 102.01 (1) (em) "Religious sect" means a religious body of persons, or a division
25of a religious body of persons, who unite in holding certain special doctrines or

1opinions concerning religion that distinguish those persons from others holding the
2same general religious beliefs.
AB607, s. 6 3Section 6. 102.06 of the statutes is amended to read:
AB607,9,21 4102.06 Joint liability of employer and contractor. An employer shall be
5liable for compensation to an employe of a contractor or subcontractor under the
6employer who is not subject to this chapter, or who has not complied with the
7conditions of s. 102.28 (2) in any case where such employer would have been liable
8for compensation if such employe had been working directly for the employer,
9including also work in the erection, alteration, repair or demolition of improvements
10or of fixtures upon premises of such employer which are used or to be used in the
11operations of such employer. The contractor or subcontractor, if subject to this
12chapter, shall also be liable for such compensation, but the employe shall not recover
13compensation for the same injury from more than one party. The employer who
14becomes liable for and pays such compensation may recover the same from such
15contractor, subcontractor or other employer for whom the employe was working at
16the time of the injury if such contractor, subcontractor or other employer was an
17employer as defined in s. 102.04. This section does not apply to injuries occurring
18on or after the first day of the calendar quarter first July beginning after the day that
19the secretary files the certificate under s. 102.80 (3) (a), except that if the secretary
20files the certificate under s. 102.80 (3) (ag) this section does apply to claims for
21compensation filed on or after the date specified in that certificate
.
AB607, s. 7 22Section 7. 102.07 (1) (a) of the statutes is amended to read:
AB607,9,2523 102.07 (1) (a) Every person, including all officials, in the service of the state,
24or of any municipality therein whether elected or under any appointment, or contract
25of hire, express or implied, and whether a resident or employed or injured within or

1without the state. The state and any municipality may require a bond from a
2contractor to protect the state or municipality against compensation to employes of
3such contractor or employes of a subcontractor under the contractor. This paragraph
4does not apply beginning on the first day of the calendar quarter first July beginning
5after the day that the secretary files the certificate under s. 102.80 (3) (a), except that
6if the secretary files the certificate under s. 102.80 (3) (ag) this paragraph does apply
7to claims for compensation filed on or after the date specified in that certificate
.
AB607, s. 8 8Section 8. 102.07 (1) (b) of the statutes is amended to read:
AB607,10,169 102.07 (1) (b) Every person, including all officials, in the service of the state,
10or of any municipality therein whether elected or under any appointment, or contract
11of hire, express or implied, and whether a resident or employed or injured within or
12without the state. This paragraph first applies on the first day of the calendar
13quarter
first July beginning after the day that the secretary files the certificate under
14s. 102.80 (3) (a), except that if the secretary files the certificate under s. 102.80 (3)
15(ag) this paragraph does apply to claims for compensation filed on or after the date
16specified in that certificate
.
AB607, s. 9 17Section 9. 102.07 (4m) of the statutes is created to read:
AB607,10,2118 102.07 (4m) For the purpose of determining the number of employes to be
19counted under s. 102.04 (1) (b), but for no other purpose, a member of a religious sect
20is not considered to be an employe if the conditions specified in s. 102.28 (3) (b) have
21been satisfied with respect to that member.
AB607, s. 10 22Section 10. 102.07 (5) (d) of the statutes is created to read:
AB607,10,2523 102.07 (5) (d) A member of a religious sect is not considered to be an employe
24of a farmer if the conditions specified in s. 102.28 (3) (b) have been satisfied with
25respect to that member.
AB607, s. 11
1Section 11. 102.07 (11m) of the statutes is created to read:
AB607,11,82 102.07 (11m) Subject to sub. (11), a volunteer for a nonprofit organization
3described in section 501 (c) of the internal revenue code, as defined in s. 71.01 (6), that
4is exempt or eligible for exemption from federal income taxation under section 501
5(a) of the internal revenue code who receives from that nonprofit organization
6nominal payments of money or other things of value totaling not more than $10 per
7week is not considered to be an employe of that nonprofit organization for purposes
8of this chapter.
AB607, s. 12 9Section 12. 102.07 (12m) of the statutes is created to read:
AB607,11,1710 102.07 (12m) A student of a public school, as described in s. 115.01 (1), or a
11private school, as defined in s. 115.001 (3r), while he or she is engaged in performing
12services as part of a school work training, work experience or work study program,
13and who is not on the payroll of an employer that is providing the work training or
14work experience or who is not otherwise receiving compensation on which a worker's
15compensation carrier could assess premiums on that employer, is an employe of a
16school district or private school that elects under s. 102.077 to name the student as
17its employe. This subsection does not apply after December 31, 1997.
AB607, s. 13 18Section 13. 102.077 of the statutes is created to read:
AB607,12,4 19102.077 Election by school district or private school. (1) A school district
20or a private school, as defined in s. 115.001 (3r), may elect to name as its employe for
21purposes of this chapter a student described in s. 102.07 (12m) by an endorsement
22on its policy of worker's compensation insurance or, if the school district or private
23school is exempt from the duty to insure under s. 102.28 (2), by filing a declaration
24with the department in the manner provided in s. 102.31 (2) (a) naming the student
25as an employe of the school district or private school for purposes of this chapter. A

1declaration under this subsection shall list the name of the student to be covered
2under this chapter, the name and address of the employer that is providing the work
3training or work experience for that student and the title, if any, of the work training,
4work experience or work study program in which the student is participating.
AB607,12,9 5(2) A school district or private school may revoke a declaration under sub. (1)
6by providing written notice to the department in the manner provided in s. 102.31
7(2) (a), the student and the employer who is providing the work training or work
8experience for that student. A revocation under this subsection is effective 30 days
9after the department receives notice of that revocation.
AB607,12,10 10(3) This section does not apply after December 31, 1997.
AB607, s. 14 11Section 14. 102.11 (1) (intro.) of the statutes is amended to read:
AB607,13,512 102.11 (1) (intro.) The average weekly earnings for temporary disability,
13permanent total disability or death benefits for injury in each calendar year on or
14after January 1, 1982, shall be not less than $30 nor more than the wage rate which
15results in a maximum compensation rate of 100% of the state's average weekly
16earnings as determined under s. 108.05 as of June 30 of the previous year, except that
17the average weekly earnings for temporary disability, permanent total disability or
18death benefits for injuries occurring on or after January 1, 1994 1996, and before
19January 1, 1995 1997, shall be not more than $699 $741, resulting in a maximum
20compensation rate of $466 $494, and the average weekly earnings for temporary
21disability, permanent total disability or death benefits for injuries occurring on or
22after January 1, 1995 1997, and before January 1, 1996 1998, shall be not more than
23$718.50 $763.50, resulting in a maximum compensation rate of $479 $509. The
24average weekly earnings for permanent partial disability shall be not less than $30
25and, for permanent partial disability for injuries occurring on or after January 1,

11994 1996, not more than $237 $253.50, resulting in a maximum compensation rate
2of $158 $169, and, for permanent partial disability for injuries occurring on or after
3January 1, 1995 1997, not more than $246 $261, resulting in a maximum
4compensation rate of $164 $174. Between such limits the average weekly earnings
5shall be determined as follows:
AB607, s. 15 6Section 15. 102.16 (2) (d) of the statutes is amended to read:
AB607,13,217 102.16 (2) (d) For fee disputes that are submitted to the department before July
81, 1996 1998, the department shall analyze the information provided to the
9department under par. (c) according to the criteria provided in this paragraph to
10determine the reasonableness of the disputed fee. The department shall determine
11that a disputed fee is reasonable and order that the disputed fee be paid if that fee
12is at or below the mean fee for the health service procedure for which the disputed
13fee was charged, plus 1.5 standard deviations from that mean, as shown by data from
14a data base that is certified by the department under par. (h). The department shall
15determine that a disputed fee is unreasonable and order that a reasonable fee be paid
16if the disputed fee is above the mean fee for the health service procedure for which
17the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown
18by data from a data base that is certified by the department under par. (h), unless
19the health service provider proves to the satisfaction of the department that a higher
20fee is justified because the service provided in the disputed case was more difficult
21or more complicated to provide than in the usual case.
AB607, s. 16 22Section 16. 102.16 (5) of the statutes is amended to read:
AB607,13,2423 102.16 (5) No Except as provided in s. 102.28 (3), no agreement by an employe
24to waive the right to compensation is valid.
AB607, s. 17 25Section 17. 102.17 (1) (d) of the statutes is amended to read:
AB607,15,11
1102.17 (1) (d) The contents of verified certified medical and surgical reports by
2physicians, podiatrists, surgeons, dentists, psychologists and chiropractors licensed
3in and practicing in this state and of verified certified reports by experts concerning
4loss of earning capacity under s. 102.44 (2) and (3), presented by a party for
5compensation constitute prima facie evidence as to the matter contained in them,
6subject to any rules and limitations the department prescribes. Verified Certified
7reports of physicians, podiatrists, surgeons, dentists, psychologists and
8chiropractors, wherever licensed and practicing, who have examined or treated the
9claimant, and of experts, if the practitioner or expert consents to subject himself or
10herself to cross-examination also constitute prima facie evidence as to the matter
11contained in them. Verified Certified reports of physicians, podiatrists, surgeons,
12psychologists and chiropractors are admissible as evidence of the diagnosis,
13necessity of the treatment and cause and extent of the disability. Verified Certified
14reports by doctors of dentistry are admissible as evidence of the diagnosis and
15necessity for treatment but not of disability. Physicians, podiatrists, surgeons,
16dentists, psychologists and chiropractors licensed in and practicing in this state and
17experts may certify instead of verify the reports. That certification is equivalent to
18verification.
Any physician, podiatrist, surgeon, dentist, psychologist, chiropractor
19or expert who knowingly makes a false statement of fact or opinion in such a certified
20report may be fined or imprisoned, or both, under s. 943.395. The record of a hospital
21or sanatorium in this state operated by any department or agency of the federal or
22state government or by any municipality, or of any other hospital or sanatorium in
23this state which is satisfactory to the department, established by certificate, affidavit
24or testimony of the supervising officer or other person having charge of such records,
25or of a physician, podiatrist, surgeon, dentist, psychologist or chiropractor to be the

1record of the patient in question, and made in the regular course of examination or
2treatment of such patient, constitutes prima facie evidence in any worker's
3compensation proceeding as to the matter contained in it, to the extent that it is
4otherwise competent and relevant. The department may, by rule, establish the
5qualifications of and the form used for verified certified reports submitted by experts
6who provide information concerning loss of earning capacity under s. 102.44 (2) and
7(3). The department may not admit into evidence a verified certified report of a
8practitioner or other expert or a record of a hospital or sanatorium that was not filed
9with the department and all parties in interest at least 15 days before the date of the
10hearing, unless the department is satisfied that there is good cause for the failure
11to file the report.
AB607, s. 18 12Section 18. 102.17 (2) of the statutes is amended to read:
AB607,15,2113 102.17 (2) If the department shall have reason to believe that the payment of
14compensation has not been made, it may on its own motion give notice to the parties,
15in the manner provided for the service of an application, of a time and place when
16a hearing will be had held for the purpose of determining the facts. Such notice shall
17contain a statement of the matter to be considered. Thereafter all other provisions
18governing proceedings on application shall attach insofar as the same may be
19applicable. When the department schedules a hearing on its own motion, the
20department does not become a party in interest and is not required to appear at the
21hearing.
AB607, s. 19 22Section 19. 102.17 (7) (a) of the statutes is amended to read:
AB607,16,223 102.17 (7) (a) Except as provided in par. (b), in a claim under s. 102.44 (2) and
24(3), testimony or verified certified reports of expert witnesses on loss of earning

1capacity may be received in evidence and considered with all other evidence to decide
2on an employe's actual loss of earning capacity.
AB607, s. 20 3Section 20. 102.17 (7) (b) of the statutes is amended to read:
AB607,16,154 102.17 (7) (b) Except as provided in par. (c), the department shall exclude from
5evidence testimony or verified certified reports from expert witnesses under par. (a)
6offered by the party that raises the issue of loss of earning capacity if that party failed
7to notify the department and the other parties of interest, at least 60 days before the
8date of the hearing, of the party's intent to provide the testimony or reports and of
9the names of the expert witnesses involved. Except as provided in par. (c), the
10department shall exclude from evidence testimony or verified certified reports from
11expert witnesses under par. (a) offered by a party of interest in response to the party
12that raises the issue of loss of earning capacity if the responding party failed to notify
13the department and the other parties of interest, at least 45 days before the date of
14the hearing, of the party's intent to provide the testimony or reports and of the names
15of the expert witnesses involved.
AB607, s. 21 16Section 21. 102.17 (7) (c) of the statutes is amended to read:
AB607,16,2117 102.17 (7) (c) Notwithstanding the notice deadlines provided in par. (b), the
18department may receive in evidence testimony or verified certified reports from
19expert witnesses under par. (a) when the applicable notice deadline under par. (b) is
20not met if good cause is shown for the delay in providing the notice required under
21par. (b) and if no party is prejudiced by the delay.
AB607, s. 22 22Section 22. 102.28 (2) (a) of the statutes is amended to read:
AB607,17,723 102.28 (2) (a) Duty to insure payment for compensation. Unless exempted by
24the department under par. (b) or sub. (3), every employer, as described in s. 102.04
25(1), shall insure payment for that compensation in an insurer authorized to do

1business in this state. A joint venture may elect to be an employer under this chapter
2and obtain insurance for payment of compensation. If a joint venture that is subject
3to this chapter only because the joint venture elected to be an employer under this
4chapter is dissolved and cancels or terminates its contract for the insurance of
5compensation under this chapter, that joint venture is deemed to have effected
6withdrawal, which shall be effective on the day after the contract is canceled or
7terminated.
AB607, s. 23 8Section 23. 102.28 (2) (b) of the statutes is amended to read:
AB607,17,249 102.28 (2) (b) Exemption from duty to insure. The department may grant a
10written order of exemption to an employer who shows its financial ability to pay the
11amount of compensation, agrees to report faithfully all compensable injuries and
12agrees to comply with this chapter and the rules of the department. The department
13may condition the granting of an exemption upon the employer's furnishing of
14satisfactory security to guarantee payment of all claims under compensation. The
15department may require that bonds or other personal guarantees be enforceable
16against sureties in the same manner as an award may be enforced. The department
17may from time to time require proof of financial ability of the employer to pay
18compensation. Any exemption shall be void if the application for it contains a
19financial statement which is false in any material respect. An employer who files an
20application containing a false financial statement remains subject to par. (a). The
21department may promulgate rules establishing an amount to be charged as to an
22initial application fee applicant for exemption under this paragraph and an annual
23amount to be charged as a renewal application fee to employers applying for
24exemption
to employers that have been exempted under this paragraph.
AB607, s. 24 25Section 24. 102.28 (3) of the statutes is created to read:
AB607,18,8
1102.28 (3) Provision of alternative benefits. (a) An employer may file with
2the department an application for exemption from the duty to pay compensation
3under this chapter with respect to any employe who signs the waiver described in
4subd. 1. and the affidavit described in subd. 2. if an authorized representative of the
5religious sect to which the employe belongs signs the affidavit specified in subd. 3.
6and signs the agreement and provides the proof of financial ability described in subd.
74. An application for exemption under this paragraph shall include all of the
8following:
AB607,18,119 1. A written waiver by the employe or, if the employe is a minor, by the employe
10and his or her parent or guardian of all compensation under this chapter other than
11the alternative benefits provided under par. (c).
AB607,18,1912 2. An affidavit by the employe or, if the employe is a minor, by the employe and
13his or her parent or guardian stating that the employe is a member of a recognized
14religious sect and that, as a result of the employe's adherence to the established
15tenets or teachings of the religious sect, the employe is conscientiously opposed to
16accepting the benefits of any public or private insurance that makes payments in the
17event of death, disability, old age or retirement, or that makes payments toward the
18cost of or provides medical care, including any benefits provided under the federal
19social security act, 42 USC 301 to 1397f.
AB607,18,2520 3. An affidavit by an authorized representative of the religious sect to which
21the employe belongs stating that the religious sect has a long-standing history of
22providing its members who become dependent on the support of the religious sect as
23a result of work-related injuries, and the dependents of those members, with a
24standard of living and medical treatment that are reasonable when compared to the
25general standard of living and medical treatment for members of the religious sect.
AB607,19,10
14. An agreement signed by an authorized representative of the religious sect
2to which the employe belongs to provide the financial and medical assistance
3described in subd. 3. to the employe and to the employe's dependents if the employe
4sustains an injury which, but for the waiver under subd. 1., the employer would be
5liable for under s. 102.03, and proof of the financial ability of the religious sect to
6provide that financial and medical assistance which the religious sect may establish
7by maintaining, in an amount determined by the department, a surety bond issued
8by a company authorized to do business in this state, an irrevocable letter of credit
9from a financial institution, as defined in s. 705.01 (3), or some other financial
10commitment approved by the department.
AB607,19,1211 (b) The department shall approve an application under par. (a) if the
12department determines that all of the following conditions are satisfied:
AB607,19,1413 1. The employe has waived all compensation under this chapter other than the
14alternative benefits provided under par. (c).
AB607,19,1815 2. The employe is a member of a religious sect whose established tenets or
16teachings oppose accepting the benefits of insurance as described in par. (a) 2. and
17that, as a result of adherence to those tenets or teachings, the employe
18conscientiously opposes accepting those benefits.
AB607,20,219 3. The religious sect to which the employe belongs has a long-established
20history of providing its members who become dependent on the religious sect as a
21result of work-related injuries, and the dependents of those members, with a
22standard of living and medical treatment that are reasonable when compared to the
23general standard of living and medical treatment for members of the religious sect.
24In determining whether the religious sect has a long-standing history of providing
25the financial and medical assistance described in this subdivision, the department

1shall presume that a 25-year history of providing that financial and medical
2assistance is long-standing for purposes of this subdivision.
AB607,20,83 4. The religious sect to which the employe belongs has agreed to provide the
4financial and medical assistance described in subd. 3. to the employe and to the
5dependents of the employe if the employe sustains an injury that, but for the waiver
6under par. (a) 1., the employer would be liable for under s. 102.03 and that the
7religious sect has the financial ability to provide that financial and medical
8assistance.
AB607,21,29 (c) An employe who has signed a waiver under par. (a) 1. and an affidavit under
10par. (a) 2., who sustains an injury that, but for that waiver, the employer would be
11liable for under s. 102.03, who at the time of the injury was a member of a religious
12sect whose authorized representative has filed an affidavit under par. (a) 3. and an
13agreement and proof of financial responsibility under par. (a) 4. and who as a result
14of the injury becomes dependent on the religious sect for financial and medical
15assistance, or the employe's dependent, may request a hearing under s. 102.17 (1) to
16determine if the religious sect has provided the employe and his or her dependents
17with a standard of living and medical treatment that are reasonable when compared
18to the general standard of living and medical treatment for members of the religious
19sect. If, after hearing, the department determines that the religious sect has not
20provided that standard of living or medical treatment, or both, the department may
21order the religious sect to provide alternative benefits to that employe or his or her
22dependent, or both, in an amount that is reasonable under the circumstances, but
23not in excess of the benefits that the employe or dependent could have received under
24this chapter but for the waiver under par. (a) 1. If the religious sect does not provide
25the alternative benefits as ordered by the department, the department may use the

1financial commitment under par. (a) 4. to pay the alternative benefits ordered,
2including any penalties that may be appropriate.
AB607,21,83 (d) The department shall provide a form for the application for exemption of an
4employer under par. (a) (intro.), the waiver and affidavit of an employe under par. (a)
51. and 2., the affidavit of a religious sect under par. (a) 3. and the agreement and proof
6of financial responsibility of a religious sect under par. (a) 4. A properly completed
7form is prima facie evidence of satisfaction of the conditions under par. (b) as to the
8matter contained in the form.
AB607, s. 25 9Section 25. 102.29 (8) of the statutes is created to read:
AB607,21,1610 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private
11school, as defined in s. 115.001 (3r), who is named under s. 102.077 as an employe
12of the school district or private school for purposes of this chapter and who makes a
13claim for compensation under this chapter may make a claim or maintain an action
14in tort against the employer that provided the work training or work experience from
15which the claim arose. This subsection does not apply to injuries occurring after
16December 31, 1997.
AB607, s. 26 17Section 26. 102.29 (9) of the statutes is created to read:
AB607,21,2518 102.29 (9) No participant in a work experience component of a job opportunities
19and basic skills program who, under s. 49.193 (6) (a), is considered to be an employe
20of the agency administering that program, or who, under s. 49.193 (6) (a), is provided
21worker's compensation coverage by the person administering the work experience
22component, and who makes a claim for compensation under this chapter may make
23a claim or maintain an action in tort against the employer who provided the work
24experience from which the claim arose. This subsection does not apply to injuries
25occurring after December 31, 1997.
AB607, s. 27
1Section 27. 102.33 (2) (b) (intro.) of the statutes is amended to read:
AB607,22,122 102.33 (2) (b) (intro.) Notwithstanding par. (a), a record maintained by the
3department that reveals the identity of an employe who claims worker's
4compensation benefits, the nature of the employe's claimed injury, the employe's past
5or present medical condition, the extent of the employe's disability, the amount, type
6or duration of benefits paid to the employe or any financial information provided to
7the department by a self-insured employer or by an applicant for exemption under
8s. 102.28 (2) (b) is confidential and not open to public inspection or copying under s.
919.35 (1). The department may deny a request made under s. 19.35 (1) or, subject to
10s. 102.17 (2m) and (2s), refuse to honor a subpoena issued by an attorney of record
11in a civil or criminal action or special proceeding
to inspect and copy a record that is
12confidential under this paragraph, unless one of the following applies:
AB607, s. 28 13Section 28. 102.33 (2) (b) 2. of the statutes is amended to read:
AB607,22,2414 102.33 (2) (b) 2. The record that is requested contains confidential information
15concerning a worker's compensation claim and the requester is an insurance carrier
16or employer that is a party to the claim any worker's compensation claim involving
17the same employe
or an attorney or authorized agent of that insurance carrier or
18employer, except that the department is not required to do a random search of its
19records and may require the requester to provide the approximate date of the injury
20and any other relevant information that would assist the department in finding the
21record requested
. An attorney or authorized agent of an insurance carrier or
22employer that is a party to an employe's worker's compensation claim shall provide
23a written authorization for inspection and copying from the insurance carrier or
24employer if requested by the department.
AB607, s. 29 25Section 29. 102.33 (2) (b) 4. of the statutes is created to read:
AB607,23,2
1102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the
2department to release the record.
AB607, s. 30 3Section 30. 102.44 (1) (a) of the statutes is amended to read:
AB607,23,64 102.44 (1) (a) If such employe is receiving the maximum weekly benefits in
5effect at the time of the injury, the supplemental benefit shall be an amount which,
6when added to the regular benefit established for the case, shall equal $125 $150.
AB607, s. 31 7Section 31. 102.44 (1) (b) of the statutes is amended to read:
AB607,23,128 102.44 (1) (b) If such employe is receiving a weekly benefit which is less than
9the maximum benefit which was in effect on the date of the injury, the supplemental
10benefit shall be an amount sufficient to bring the total weekly benefits to the same
11proportion of $125 $150 as the employe's weekly benefit bears to the maximum in
12effect on the date of injury.
AB607, s. 32 13Section 32. 102.50 of the statutes is amended to read:
AB607,23,16 14102.50 Burial expenses. In all cases where death of an employe proximately
15results from the injury the employer or insurer shall pay the reasonable expense for
16burial, not exceeding $4,000 $6,000.
AB607, s. 33 17Section 33. 102.65 (3) (a) of the statutes is repealed.
AB607, s. 34 18Section 34. 102.65 (3) (b) of the statutes is renumbered 102.65 (3) and
19amended to read:
AB607,23,2520 102.65 (3) If the balance in the fund on any June 30 exceeds 3 times the amount
21paid out of such fund during the fiscal year ending on such date, the department
22shall, by order, direct an appropriate proportional reduction of the payments into
23such fund under ss. 102.47, 102.49 and 102.59 so that the balance in the fund will
24remain at 3 times the payments made in the preceding fiscal year. This paragraph
25applies after June 30, 1992.
AB607, s. 35
1Section 35. 102.75 (4) of the statutes is amended to read:
AB607,24,62 102.75 (4) From the appropriation under s. 20.445 (1) (ha), the department
3shall allocate the amounts that it collects in application fees from employers
4applying for exemption under s. 102.28 (2) and the annual amount that it collects
5from employers that have been exempted under s. 102.28 (2)
to fund the activities
6of the department under s. 102.28 (2) (b) and (c).
AB607, s. 36 7Section 36. 102.80 (3) (a) of the statutes is amended to read:
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