Under current law, if an employer is not insured or self-insured as required by
the worker's compensation law, the employer is liable to DWD for certain payments
which are deposited in the uninsured employers fund and used by DWD to pay
benefits to the injured employes of uninsured employers. Currently, if DWD pays
benefits to an injured employe of an uninsured employer, the uninsured employer
must reimburse DWD in the amount of benefits paid, less any amounts that the
employe repays to DWD from any compensation recovered by the employe from the
employer or a 3rd party. This bill requires an uninsured employer to reimburse DWD
for any benefits paid to an employe of the uninsured employer within 30 days after
the date on which DWD notifies the uninsured employer that the reimbursement is
owed. Under the bill, interest on amounts not paid when due accrues at the rate of
1% per month.
Under current law, if an uninsured employer fails to pay an amount owed to
DWD and no appeal or other proceeding for review is pending and the time for taking
an appeal has expired, DWD may issue a warrant to the clerk of circuit court of any
county in the state and the clerk of circuit court must docket the warrant, which gives
the warrant the effect of a final judgment. Currently, if an uninsured employer that
is a corporation is unable to pay the amounts specified in a warrant, an officer or
director of the corporation may be found personally liable for that payment. This bill
extends to the members and managers of an uninsured employer that is a limited

liability company and that is unable to pay the amount specified in a warrant issued
by DWD personal liability for that payment.
Compensation amounts
The bill sets the average weekly earnings and maximum compensation rates
for permanent partial disability for injuries occurring on or after January 1, 1998,
and on or after January 1, 1999, but before January 1, 2000. For injuries occurring
during calendar year 1998, the average weekly earnings are not more than $268.50,
resulting in a maximum compensation rate of $179. For injuries occurring during
calendar year 1999, the average weekly earnings are not more than $276, resulting
in a maximum compensation rate of $184.
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, 1998, and on or after January 1, 1999. For
injuries occurring during calendar year 1998, the average weekly earnings are not
more than $784.50, resulting in a maximum compensation rate of $523. For injuries
occurring on or after January 1, 1999, the average weekly earnings are not more than
$807, resulting in a maximum compensation rate of $538.
Under current law, within those limits, the average weekly earnings of an
injured employe may not be less than the actual average weekly earnings of the
injured employe for the 4 calendar quarters before the employe's injury within which
the employe has been employed in the business, in the kind of employment and for
the employer for whom the employe worked when injured. This bill changes the
period in which an injured employe's average weekly earnings are calculated to the
52 calendar weeks before the employe's injury.
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:
AB565, s. 1 1Section 1. 20.445 (3) (jb) of the statutes is amended to read:
AB565,8,22 20.445 (3) (jb) Fees for administrative services. All moneys received from fees
3charged for providing state mailings, special computer services, training programs,
4worker's compensation coverage for persons participating in employment and
5training programs under ch. 49,
printed materials and publications relating to
6economic support
, for the purpose of providing state mailings, special computer
7services, training programs, worker's compensation coverage for persons

1participating in employment and training programs under ch. 49,
printed materials
2and publications relating to economic support.
AB565, s. 2 3Section 2. 49.124 (1m) (d) of the statutes is created to read:
AB565,8,124 49.124 (1m) (d) A participant in an employment and training program under
5this section administered by the department is an employe of the department for
6purposes of worker's compensation coverage, except to the extent that the person for
7whom the participant is performing work provides worker's compensation coverage.
8A participant in an employment and training program under this section
9administered by a Wisconsin works agency is an employe of the Wisconsin works
10agency for purposes of worker's compensation coverage, except to the extent that the
11person for whom the participant is performing work provides worker's compensation
12coverage.
AB565, s. 3 13Section 3. 102.04 (2m) of the statutes is created to read:
AB565,8,2114 102.04 (2m) A temporary help agency is the employer of an employe whom the
15temporary help agency has placed with or leased to another employer that
16compensates the temporary help agency for the employe's services. A temporary help
17agency is liable under s. 102.03 for all compensation payable under this chapter to
18that employe, including any payments required under s. 102.16 (3), 102.18 (1) (b) or
19(bp), 102.22 (1), 102.35 (3), 102.57 or 102.60. Except as permitted under s. 102.29,
20a temporary help agency may not seek or receive reimbursement from another
21employer for any payments made as a result of that liability.
AB565, s. 4 22Section 4. 102.07 (8) (b) 2. of the statutes is amended to read:
AB565,9,223 102.07 (8) (b) 2. Holds or has applied for a federal employer identification
24number with the federal internal revenue service or has filed business or

1self-employment income tax returns with the federal internal revenue service based
2on that work or service in the previous year
.
AB565, s. 5 3Section 5. 102.07 (12m) of the statutes is amended to read:
AB565,9,114 102.07 (12m) A student of a public school, as described in s. 115.01 (1), or a
5private school, as defined in s. 115.001 (3r), while he or she is engaged in performing
6services as part of a school work training, work experience or work study program,
7and who is not on the payroll of an employer that is providing the work training or
8work experience or who is not otherwise receiving compensation on which a worker's
9compensation carrier could assess premiums on that employer, is an employe of a
10school district or private school that elects under s. 102.077 to name the student as
11its employe. This subsection does not apply after December 31, 1997 1999.
AB565, s. 6 12Section 6. 102.076 (1) of the statutes is amended to read:
AB565,9,2213 102.076 (1) Not more than 2 officers of a corporation having not more than 10
14stockholders may elect not to be subject to this chapter. If the corporation has been
15issued a policy of worker's compensation insurance, an officer of the corporation may
16elect not to be subject to this chapter and not to be covered under the policy at any
17time during the period of the policy.
Except as provided in sub. (2), the election shall
18be made by an endorsement, on the policy of worker's compensation insurance issued
19to that corporation, naming each officer who has so elected. The election is effective
20for the period of the policy and may not be reversed during the period of the policy.
21An officer who so elects is an employe for the purpose of determining whether the
22corporation is an employer under s. 102.04 (1) (b).
AB565, s. 7 23Section 7. 102.077 (3) of the statutes is amended to read:
AB565,9,2424 102.077 (3) This section does not apply after December 31, 1997 1999.
AB565, s. 8 25Section 8. 102.11 (1) (intro.) of the statutes is amended to read:
AB565,10,19
1102.11 (1) (intro.) The average weekly earnings for temporary disability,
2permanent total disability or death benefits for injury in each calendar year on or
3after January 1, 1982, shall be not less than $30 nor more than the wage rate which
4results in a maximum compensation rate of 100% of the state's average weekly
5earnings as determined under s. 108.05 as of June 30 of the previous year, except that
6the average weekly earnings for temporary disability, permanent total disability or
7death benefits for injuries occurring on or after January 1, 1996 1998, and before
8January 1, 1997 1999, shall be not more than $741 $784.50, resulting in a maximum
9compensation rate of $494 $523, and the average weekly earnings for temporary
10disability, permanent total disability or death benefits for injuries occurring on or
11after January 1, 1997 1999, and before January 1, 1998 2000, shall be not more than
12$763.50 $807, resulting in a maximum compensation rate of $509 $538. The average
13weekly earnings for permanent partial disability shall be not less than $30 and, for
14permanent partial disability for injuries occurring on or after January 1, 1996 1998,
15and before January 1, 1999,
not more than $253.50 $268.50, resulting in a maximum
16compensation rate of $169 $179, and, for permanent partial disability for injuries
17occurring on or after January 1, 1997 1999, not more than $261 $276, resulting in
18a maximum compensation rate of $174 $184. Between such limits the average
19weekly earnings shall be determined as follows:
AB565, s. 9 20Section 9. 102.11 (1) (d) of the statutes is amended to read:
AB565,11,921 102.11 (1) (d) Except in situations where par. (b) applies, average weekly
22earnings shall in no case be less than actual average weekly earnings of the employe
23for the 4 calendar quarters 52 calendar weeks before his or her injury within which
24the employe has been employed in the business, in the kind of employment and for
25the employer for whom the employe worked when injured. Calendar weeks within

1which no work was performed shall not be considered under this paragraph. This
2paragraph applies only if the employe has worked within a total of at least 6 calendar
3weeks during the 4 calendar quarters 52 calendar weeks before his or her injury in
4the business, in the kind of employment and for the employer for whom the employe
5worked when injured. For purposes of this section, earnings for part-time services
6performed for a labor organization pursuant to a collective bargaining agreement
7between the employer and that labor organization shall be considered as part of the
8total earnings in the preceding 4 calendar quarters 52 calendar weeks, whether
9payment is made by the labor organization or the employer.
AB565, s. 10 10Section 10. 102.13 (1) (a) of the statutes is amended to read:
AB565,11,1911 102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed
12by an employe, the employe shall, upon the written request of the employe's employer
13or worker's compensation insurer, submit to reasonable examinations by physicians,
14chiropractors, psychologists, dentists or podiatrists provided and paid for by the
15employer or insurer. No employe who submits to an examination under this
16paragraph is a patient of the examining physician, chiropractor, psychologist,
17dentist
or podiatrist for any purpose other than for the purpose of bringing an action
18under ch. 655, unless the employe specifically requests treatment from that
19physician, chiropractor, psychologist, dentist or podiatrist.
AB565, s. 11 20Section 11. 102.13 (1) (b) (intro.) of the statutes is amended to read:
AB565,12,721 102.13 (1) (b) (intro.) An employer or insurer who requests that an employe
22submit to reasonable examination under par. (a) or (am) shall tender to the employe,
23before the examination, all necessary expenses including transportation expenses.
24The employe is entitled to have a physician, chiropractor, psychologist , dentist or
25podiatrist provided by himself or herself present at the examination and to request

1and
receive a copy of all reports of the examination that are prepared by the
2examining physician, chiropractor, psychologist, podiatrist, dentist or vocational
3expert immediately upon receipt of those reports by the employer or worker's
4compensation insurer
. The employe is also entitled to have a translator provided by
5himself or herself present at the examination if the employe has difficulty speaking
6or understanding the English language. The employer's or insurer's written request
7for examination shall notify the employe of all of the following:
AB565, s. 12 8Section 12. 102.13 (1) (b) 1. of the statutes is amended to read:
AB565,12,119 102.13 (1) (b) 1. The proposed date, time and place of the examination and the
10identity and area of specialization of the examining physician, chiropractor,
11psychologist, dentist, podiatrist or vocational expert.
AB565, s. 13 12Section 13. 102.13 (1) (b) 3. of the statutes is amended to read:
AB565,12,1413 102.13 (1) (b) 3. The employe's right to have his or her physician, chiropractor,
14psychologist, dentist or podiatrist present at the examination.
AB565, s. 14 15Section 14. 102.13 (1) (b) 4. of the statutes is amended to read:
AB565,12,1916 102.13 (1) (b) 4. The employe's right to request and receive a copy of all reports
17of the examination that are prepared by the examining physician, chiropractor,
18psychologist, dentist, podiatrist or vocational expert immediately upon receipt of
19these reports by the employer or worker's compensation insurer
.
AB565, s. 15 20Section 15. 102.13 (1) (d) 1. of the statutes is amended to read:
AB565,12,2321 102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist
22or vocational expert who is present at any examination under par. (a) or (am) may
23be required to testify as to the results thereof.
AB565, s. 16 24Section 16. 102.13 (1) (d) 2. of the statutes is amended to read:
AB565,13,4
1102.13 (1) (d) 2. Any physician, chiropractor, psychologist, dentist or podiatrist
2who attended a worker's compensation claimant for any condition or complaint
3reasonably related to the condition for which the claimant claims compensation may
4be required to testify before the department when it so directs.
AB565, s. 17 5Section 17. 102.13 (1) (d) 3. of the statutes is amended to read:
AB565,13,116 102.13 (1) (d) 3. Notwithstanding any statutory provisions except par. (e), any
7physician, chiropractor, psychologist, dentist or podiatrist attending a worker's
8compensation claimant for any condition or complaint reasonably related to the
9condition for which the claimant claims compensation may furnish to the employe,
10employer, worker's compensation insurer, or the department information and
11reports relative to a compensation claim.
AB565, s. 18 12Section 18. 102.13 (1) (d) 4. of the statutes is amended to read:
AB565,13,1613 102.13 (1) (d) 4. The testimony of any physician, chiropractor, psychologist,
14dentist
or podiatrist who is licensed to practice where he or she resides or practices
15in any state and the testimony of any vocational expert may be received in evidence
16in compensation proceedings.
AB565, s. 19 17Section 19. 102.13 (2) (a) of the statutes is amended to read:
AB565,14,218 102.13 (2) (a) An employe who reports an injury alleged to be work-related or
19files an application for hearing waives any physician-patient, psychologist-patient
20or chiropractor-patient privilege with respect to any condition or complaint
21reasonably related to the condition for which the employe claims compensation.
22Notwithstanding ss. 51.30 and 146.82 and any other law, any physician,
23chiropractor, psychologist, dentist, podiatrist, hospital or health care provider shall,
24within a reasonable time after written request by the employe, employer, worker's
25compensation insurer or department or its representative, provide that person with

1any information or written material reasonably related to any injury for which the
2employe claims compensation.
AB565, s. 20 3Section 20. 102.13 (2) (b) of the statutes is amended to read:
AB565,14,124 102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
5hospital or health service provider shall furnish a legible, certified duplicate of the
6written material requested under par. (a) upon payment of the actual costs of
7preparing the certified duplicate, not to exceed the greater of 45 cents per page or
8$7.50 per request, plus the actual costs of postage. Any person who refuses to provide
9certified duplicates of written material in the person's custody that is requested
10under par. (a) shall be liable for reasonable and necessary costs and, notwithstanding
11s. 814.04 (1), reasonable attorney fees incurred in enforcing the requester's right to
12the duplicates under par. (a).
AB565, s. 21 13Section 21. 102.13 (3) of the statutes is amended to read:
AB565,15,214 102.13 (3) If 2 or more physicians, chiropractors, psychologists, dentists or
15podiatrists disagree as to the extent of an injured employe's temporary disability, the
16end of an employe's healing period, an employe's ability to return to work at suitable
17available employment or the necessity for further treatment or for a particular type
18of treatment, the department may appoint another physician, chiropractor,
19psychologist, dentist or podiatrist to examine the employe and render an opinion as
20soon as possible. The department shall promptly notify the parties of this
21appointment. If the employe has not returned to work, payment for temporary
22disability shall continue until the department receives the opinion. The employer
23or its insurance carrier or both shall pay for the examination and opinion. The
24employer or insurance carrier or both shall receive appropriate credit for any

1overpayment to the employe determined by the department after receipt of the
2opinion.
AB565, s. 22 3Section 22. 102.16 (1m) of the statutes is created to read:
AB565,15,124 102.16 (1m) (a) If an insurer or self-insured employer concedes by compromise
5under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
6employer is liable under this chapter for any health services provided to an injured
7employe by a health service provider, but disputes the reasonableness of the fee
8charged by the health service provider, the department may include in its order
9confirming the compromise or stipulation a determination as to the reasonableness
10of the fee or the department may notify, or direct the insurer or self-insured employer
11to notify, the health service provider under sub. (2) (b) that the reasonableness of the
12fee is in dispute.
AB565,15,2013 (b) If an insurer or self-insured employer concedes by compromise under sub.
14(1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured employer is
15liable under this chapter for any treatment provided to an injured employe by a
16health service provider, but disputes the necessity of the treatment, the department
17may include in its order confirming the compromise or stipulation a determination
18as to the necessity of the treatment or the department may notify, or direct the
19insurer or self-insured employer to notify, the health service provider under sub.
20(2m) (b) that the necessity of the treatment is in dispute.
AB565, s. 23 21Section 23. 102.16 (2) (a) of the statutes is amended to read:
AB565,16,1622 102.16 (2) (a) The department has jurisdiction under this subsection, sub. (1m)
23(a) and s. 102.17
to resolve a dispute between a health service provider and an insurer
24or self-insured employer over the reasonableness of a fee charged by the health
25service provider for health services provided to an injured employe who claims

1benefits under this chapter. The department shall deny payment of a health service
2fee that the department determines under this subsection, sub. (1m) (a) or s. 102.18
3(1) (b)
to be unreasonable. A health service provider and an insurer or self-insured
4employer that are parties to a fee dispute under this subsection are bound by the
5department's determination under this subsection on the reasonableness of the
6disputed fee, unless that determination is set aside on judicial review under par. (f)
7as provided in par. (f). A health service provider and an insurer or self-insured
8employer that are parties to a fee dispute under sub. (1m) (a) are bound by the
9department's determination under sub. (1m) (a) on the reasonableness of the
10disputed fee, unless that determination is set aside or modified by the department
11under sub. (1). An insurer or self-insured employer that is a party to a fee dispute
12under s. 102.17 and a health service provider are bound by the department's
13determination under s. 102.18 (1) (b) on the reasonableness of the disputed fee,
14unless that determination is set aside, reversed or modified by the department under
15s. 102.18 (3) or by the commission under s. 102.18 (3) or (4) or is set aside on judicial
16review under s. 102.23
.
AB565, s. 24 17Section 24. 102.16 (2) (b) of the statutes is amended to read:
AB565,16,2518 102.16 (2) (b) An insurer or self-insured employer that disputes the
19reasonableness of a fee charged by a health service provider or the department under
20sub. (1m) (a) or s. 102.18 (1) (bg) 1.
shall provide reasonable notice to the health
21service provider that the fee is being disputed. After receiving reasonable notice
22under this paragraph or under sub. (1m) (a) or s. 102.18 (1) (bg) 1. that a health
23service fee is being disputed, a health service provider may not collect the disputed
24fee from, or bring an action for collection of the disputed fee against, the employe who
25received the services for which the fee was charged.
AB565, s. 25
1Section 25. 102.16 (2) (d) of the statutes is amended to read:
AB565,17,162 102.16 (2) (d) For fee disputes that are submitted to the department before
3July 1, 1998 2000, the department shall analyze the information provided to the
4department under par. (c) according to the criteria provided in this paragraph to
5determine the reasonableness of the disputed fee. The department shall determine
6that a disputed fee is reasonable and order that the disputed fee be paid if that fee
7is at or below the mean fee for the health service procedure for which the disputed
8fee was charged, plus 1.5 standard deviations from that mean, as shown by data from
9a data base that is certified by the department under par. (h). The department shall
10determine that a disputed fee is unreasonable and order that a reasonable fee be paid
11if the disputed fee is above the mean fee for the health service procedure for which
12the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown
13by data from a data base that is certified by the department under par. (h), unless
14the health service provider proves to the satisfaction of the department that a higher
15fee is justified because the service provided in the disputed case was more difficult
16or more complicated to provide than in the usual case.
AB565, s. 26 17Section 26. 102.16 (2) (f) of the statutes is amended to read:
AB565,17,2318 102.16 (2) (f) The department may set aside, reverse or modify a determination
19under this subsection within 30 days after the date of the determination.
A health
20service provider, insurer or self-insured employer that is aggrieved by a
21determination of the department under this subsection may seek judicial review of
22that determination in the same manner that compensation claims are reviewed
23under s. 102.23.
AB565, s. 27 24Section 27. 102.16 (2m) (a) of the statutes is amended to read:
AB565,18,20
1102.16 (2m) (a) The department has jurisdiction under this subsection, sub.
2(1m) (b) and s. 102.17
to resolve a dispute between a health service provider and an
3insurer or self-insured employer over the necessity of treatment provided for an
4injured employe who claims benefits under this chapter. The department shall deny
5payment for any treatment that the department determines under this subsection,
6sub. (1m) (b) or s. 102.18 (1) (b)
to be unnecessary. A health service provider and an
7insurer or self-insured employer that are parties to a dispute under this subsection
8over the necessity of treatment are bound by the department's determination under
9this subsection
on the necessity of that treatment, unless that determination is set
10aside on judicial review under par. (e) as provided in par. (e). A health service
11provider and an insurer or self-insured employer that are parties to a dispute under
12sub. (1m) (b) over the necessity of treatment are bound by the department's
13determination under sub. (1m) (b) on the necessity of that treatment, unless that
14determination is set aside or modified by the department under sub. (1). An insurer
15or self-insured employer that is a party to a dispute under s. 102.17 over the
16necessity of treatment and a health service provider are bound by the department's
17determination under s. 102.18 (1) (b) on the necessity of that treatment, unless that
18determination is set aside, reversed or modified by the department under s. 102.18
19(3) or by the commission under s. 102.18 (3) or (4) or is set aside on judicial review
20under s. 102.23
.
AB565, s. 28 21Section 28. 102.16 (2m) (b) of the statutes is amended to read:
AB565,19,522 102.16 (2m) (b) An insurer or self-insured employer that disputes the
23necessity of treatment provided by a health service provider or the department under
24sub. (1m) (b) or s. 102.18 (1) (bg) 2.
shall provide reasonable notice to the health
25service provider that the necessity of that treatment is being disputed. After

1receiving reasonable notice under this paragraph or under sub. (1m) (b) or s. 102.18
2(1) (bg) 2.
that the necessity of treatment is being disputed, a health service provider
3may not collect a fee for that disputed treatment from, or bring an action for collection
4of the fee for that disputed treatment against, the employe who received the
5treatment.
AB565, s. 29 6Section 29. 102.16 (2m) (e) of the statutes is amended to read:
AB565,19,127 102.16 (2m) (e) The department may set aside, reverse or modify a
8determination under this subsection within 30 days after the date of the
9determination.
A health service provider, insurer or self-insured employer that is
10aggrieved by a determination of the department under this subsection may seek
11judicial review of that determination in the same manner that compensation claims
12are reviewed under s. 102.23.
AB565, s. 30 13Section 30. 102.16 (3) of the statutes is amended to read:
AB565,19,2114 102.16 (3) No employer subject to this chapter may solicit, receive or collect any
15money from an employe or any other person or make any deduction from their wages,
16either directly or indirectly, for the purpose of discharging any liability under this
17chapter or recovering premiums paid on a contract described under s. 102.31 (1) (a);
18nor may any such employer sell to an employe or other person, or solicit or require
19the employe or other person to purchase, medical, chiropractic, podiatric,
20psychological, dental or hospital tickets or contracts for medical, surgical, hospital
21or other health care treatment which is required to be furnished by that employer.
AB565, s. 31 22Section 31. 102.17 (1) (e) of the statutes is amended to read:
AB565,20,623 102.17 (1) (e) The department may, with or without notice to either party, cause
24testimony to be taken, or an inspection of the premises where the injury occurred to
25be made, or the time books and payrolls of the employer to be examined by any

1examiner, and may direct any employe claiming compensation to be examined by a
2physician, chiropractor, psychologist, dentist or podiatrist. The testimony so taken,
3and the results of any such inspection or examination, shall be reported to the
4department for its consideration upon final hearing. All ex parte testimony taken
5by the department shall be reduced to writing and either party shall have
6opportunity to rebut such testimony on final hearing.
AB565, s. 32 7Section 32. 102.17 (1) (g) of the statutes is amended to read:
AB565,20,198 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a
9dispute, or is such as to create doubt as to the extent or cause of disability or death,
10the department may direct that the injured employe be examined or autopsy be
11performed, or an opinion of a physician, chiropractor, dentist, psychologist or
12podiatrist be obtained without examination or autopsy, by an impartial, competent
13physician, chiropractor, dentist, psychologist or podiatrist designated by the
14department who is not under contract with or regularly employed by a compensation
15insurance carrier or self-insured employer. The expense of such examination shall
16be paid by the employer or, if the employe claims compensation under s. 102.81, from
17the uninsured employers fund. The report of such examination shall be transmitted
18in writing to the department and a copy thereof shall be furnished by the department
19to each party, who shall have an opportunity to rebut such report on further hearing.
AB565, s. 33 20Section 33. 102.18 (1) (bg) of the statutes is created to read:
AB565,21,321 102.18 (1) (bg) 1. If the department finds under par. (b) that an insurer or
22self-insured employer is liable under this chapter for any health services provided
23to an injured employe by a health service provider, but that the reasonableness of the
24fee charged by the health service provider is in dispute, the department may include
25in its order under par. (b) a determination as to the reasonableness of the fee or the

1department may notify, or direct the insurer or self-insured employer to notify, the
2health service provider under s. 102.16 (2) (b) that the reasonableness of the fee is
3in dispute.
AB565,21,104 2. If the department finds under par. (b) that an employer or insurance carrier
5is liable under this chapter for any treatment provided to an injured employe by a
6health service provider, but that the necessity of the treatment is in dispute, the
7department may include in its order under par. (b) a determination as to the
8necessity of the treatment or the department may notify, or direct the employer or
9insurance carrier to notify, the health service provider under s. 102.16 (2m) (b) that
10the necessity of the treatment is in dispute.
AB565, s. 34 11Section 34. 102.28 (3) (a) (intro.) of the statutes is amended to read:
AB565,21,1812 102.28 (3) (a) (intro.) An employer may file with the department an application
13for exemption from the duty to pay compensation under this chapter with respect to
14any employe who signs the waiver described in subd. 1. and the affidavit described
15in subd. 2. if an authorized representative of the religious sect to which the employe
16belongs signs the affidavit specified in subd. 3. and signs the agreement and provides
17the proof of financial ability
described in subd. 4. An application for exemption under
18this paragraph shall include all of the following:
AB565, s. 35 19Section 35. 102.28 (3) (a) 4. of the statutes is amended to read:
AB565,22,420 102.28 (3) (a) 4. An agreement signed by an authorized representative of the
21religious sect to which the employe belongs to provide the financial and medical
22assistance described in subd. 3. to the employe and to the employe's dependents if the
23employe sustains an injury which, but for the waiver under subd. 1., the employer
24would be liable for under s. 102.03, and proof of the financial ability of the religious
25sect to provide that financial and medical assistance which the religious sect may

1establish by maintaining, in an amount determined by the department, a surety
2bond issued by a company authorized to do business in this state, an irrevocable
3letter of credit from a financial institution, as defined in s. 705.01 (3), or some other
4financial commitment approved by the department
.
AB565, s. 36 5Section 36. 102.28 (3) (b) 4. of the statutes is amended to read:
AB565,22,116 102.28 (3) (b) 4. The religious sect to which the employe belongs has agreed to
7provide the financial and medical assistance described in subd. 3. to the employe and
8to the dependents of the employe if the employe sustains an injury that, but for the
9waiver under par. (a) 1., the employer would be liable for under s. 102.03 and that
10the religious sect has the financial ability to provide that financial and medical
11assistance
.
AB565, s. 37 12Section 37. 102.28 (3) (c) of the statutes is amended to read:
AB565,23,613 102.28 (3) (c) An employe who has signed a waiver under par. (a) 1. and an
14affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the
15employer would be liable for under s. 102.03, who at the time of the injury was a
16member of a religious sect whose authorized representative has filed an affidavit
17under par. (a) 3. and an agreement and proof of financial responsibility under par.
18(a) 4. and who as a result of the injury becomes dependent on the religious sect for
19financial and medical assistance, or the employe's dependent, may request a hearing
20under s. 102.17 (1) to determine if the religious sect has provided the employe and
21his or her dependents with a standard of living and medical treatment that are
22reasonable when compared to the general standard of living and medical treatment
23for members of the religious sect. If, after hearing, the department determines that
24the religious sect has not provided that standard of living or medical treatment, or
25both, the department may order the religious sect to provide alternative benefits to

1that employe or his or her dependent, or both, in an amount that is reasonable under
2the circumstances, but not in excess of the benefits that the employe or dependent
3could have received under this chapter but for the waiver under par. (a) 1. If the
4religious sect does not provide the alternative benefits as ordered by the department,
5the department may use the financial commitment under par. (a) 4. to pay the
6alternative benefits ordered, including any penalties that may be appropriate.
AB565, s. 38 7Section 38. 102.28 (3) (d) of the statutes is amended to read:
AB565,23,138 102.28 (3) (d) The department shall provide a form for the application for
9exemption of an employer under par. (a) (intro.), the waiver and affidavit of an
10employe under par. (a) 1. and 2., the affidavit of a religious sect under par. (a) 3. and
11the agreement and proof of financial responsibility of a religious sect under par. (a)
124. A properly completed form is prima facie evidence of satisfaction of the conditions
13under par. (b) as to the matter contained in the form.
AB565, s. 39 14Section 39. 102.29 (3) of the statutes is amended to read:
AB565,23,1815 102.29 (3) Nothing in this chapter shall prevent an employe from taking the
16compensation he or she may be entitled to under it and also maintaining a civil action
17against any physician, chiropractor, psychologist, dentist or podiatrist for
18malpractice.
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