SB323, s. 35 16Section 35. 102.28 (3) (a) 4. of the statutes is amended to read:
SB323,22,217 102.28 (3) (a) 4. An agreement signed by an authorized representative of the
18religious sect to which the employe belongs to provide the financial and medical
19assistance described in subd. 3. to the employe and to the employe's dependents if the
20employe sustains an injury which, but for the waiver under subd. 1., the employer
21would be liable for under s. 102.03, and proof of the financial ability of the religious
22sect to provide that financial and medical assistance which the religious sect may
23establish by maintaining, in an amount determined by the department, a surety
24bond issued by a company authorized to do business in this state, an irrevocable

1letter of credit from a financial institution, as defined in s. 705.01 (3), or some other
2financial commitment approved by the department
.
SB323, s. 36 3Section 36. 102.28 (3) (b) 4. of the statutes is amended to read:
SB323,22,94 102.28 (3) (b) 4. The religious sect to which the employe belongs has agreed to
5provide the financial and medical assistance described in subd. 3. to the employe and
6to the dependents of the employe if the employe sustains an injury that, but for the
7waiver under par. (a) 1., the employer would be liable for under s. 102.03 and that
8the religious sect has the financial ability to provide that financial and medical
9assistance
.
SB323, s. 37 10Section 37. 102.28 (3) (c) of the statutes is amended to read:
SB323,23,411 102.28 (3) (c) An employe who has signed a waiver under par. (a) 1. and an
12affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the
13employer would be liable for under s. 102.03, who at the time of the injury was a
14member of a religious sect whose authorized representative has filed an affidavit
15under par. (a) 3. and an agreement and proof of financial responsibility under par.
16(a) 4. and who as a result of the injury becomes dependent on the religious sect for
17financial and medical assistance, or the employe's dependent, may request a hearing
18under s. 102.17 (1) to determine if the religious sect has provided the employe and
19his or her dependents with a standard of living and medical treatment that are
20reasonable when compared to the general standard of living and medical treatment
21for members of the religious sect. If, after hearing, the department determines that
22the religious sect has not provided that standard of living or medical treatment, or
23both, the department may order the religious sect to provide alternative benefits to
24that employe or his or her dependent, or both, in an amount that is reasonable under
25the circumstances, but not in excess of the benefits that the employe or dependent

1could have received under this chapter but for the waiver under par. (a) 1. If the
2religious sect does not provide the alternative benefits as ordered by the department,
3the department may use the financial commitment under par. (a) 4. to pay the
4alternative benefits ordered, including any penalties that may be appropriate.
SB323, s. 38 5Section 38. 102.28 (3) (d) of the statutes is amended to read:
SB323,23,116 102.28 (3) (d) The department shall provide a form for the application for
7exemption of an employer under par. (a) (intro.), the waiver and affidavit of an
8employe under par. (a) 1. and 2., the affidavit of a religious sect under par. (a) 3. and
9the agreement and proof of financial responsibility of a religious sect under par. (a)
104. A properly completed form is prima facie evidence of satisfaction of the conditions
11under par. (b) as to the matter contained in the form.
SB323, s. 39 12Section 39. 102.29 (3) of the statutes is amended to read:
SB323,23,1613 102.29 (3) Nothing in this chapter shall prevent an employe from taking the
14compensation he or she may be entitled to under it and also maintaining a civil action
15against any physician, chiropractor, psychologist, dentist or podiatrist for
16malpractice.
SB323, s. 40 17Section 40. 102.29 (8) of the statutes is amended to read:
SB323,23,2418 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private
19school, as defined in s. 115.001 (3r), who is named under s. 102.077 as an employe
20of the school district or private school for purposes of this chapter and who makes a
21claim for compensation under this chapter may make a claim or maintain an action
22in tort against the employer that provided the work training or work experience from
23which the claim arose. This subsection does not apply to injuries occurring after
24December 31, 1997 1999.
SB323, s. 41 25Section 41. 102.29 (8r) of the statutes is created to read:
SB323,24,6
1102.29 (8r) No participant in a food stamp employment and training program
2under s. 49.124 (1m) who, under s. 49.124 (1m) (d), is provided worker's
3compensation coverage by the department or by a Wisconsin works agency, as
4defined in s. 49.001 (9), and who makes a claim for compensation under this chapter
5may make a claim or maintain an action in tort against the employer who provided
6the employment and training from which the claim arose.
SB323, s. 42 7Section 42. 102.29 (9) of the statutes is amended to read:
SB323,24,158 102.29 (9) No participant in a work experience component of a job opportunities
9and basic skills program who, under s. 49.193 (6) (a), is considered to be an employe
10of the agency administering that program, or who, under s. 49.193 (6) (a), is provided
11worker's compensation coverage by the person administering the work experience
12component, and who makes a claim for compensation under this chapter may make
13a claim or maintain an action in tort against the employer who provided the work
14experience from which the claim arose. This subsection does not apply to injuries
15occurring after December 31, 1997 February 28, 1998.
SB323, s. 43 16Section 43. 102.42 (2) (a) of the statutes is amended to read:
SB323,25,717 102.42 (2) (a) Where the employer has notice of an injury and its relationship
18to the employment the employer shall offer to the injured employe his or her choice
19of any physician, chiropractor, psychologist, dentist or podiatrist licensed to practice
20and practicing in this state for treatment of the injury. By mutual agreement, the
21employe may have the choice of any qualified practitioner not licensed in this state.
22In case of emergency, the employer may arrange for treatment without tendering a
23choice. After the emergency has passed the employe shall be given his or her choice
24of attending practitioner at the earliest opportunity. The employe has the right to
25a 2nd choice of attending practitioner on notice to the employer or its insurance

1carrier. Any further choice shall be by mutual agreement. Partners and clinics are
2deemed to be one practitioner. Treatment by a practitioner licensed to practice and
3practicing in this state
on referral from another practitioner is deemed to be
4treatment by one practitioner. Except by mutual agreement, an employer or
5worker's compensation insurer is not liable for treatment provided by a practitioner
6not licensed to practice and practicing in this state on referral from another
7practitioner.
SB323, s. 44 8Section 44. 102.42 (2) (a) of the statutes, as affected by 1997 Wisconsin Act ....
9(this act), is repealed and recreated to read:
SB323,25,2110 102.42 (2) (a) Where the employer has notice of an injury and its relationship
11to the employment the employer shall offer to the injured employe his or her choice
12of any physician, chiropractor, psychologist, dentist or podiatrist licensed to practice
13and practicing in this state for treatment of the injury. By mutual agreement, the
14employe may have the choice of any qualified practitioner not licensed in this state.
15In case of emergency, the employer may arrange for treatment without tendering a
16choice. After the emergency has passed the employe shall be given his or her choice
17of attending practitioner at the earliest opportunity. The employe has the right to
18a 2nd choice of attending practitioner on notice to the employer or its insurance
19carrier. Any further choice shall be by mutual agreement. Partners and clinics are
20deemed to be one practitioner. Treatment by a practitioner on referral from another
21practitioner is deemed to be treatment by one practitioner.
SB323, s. 45 22Section 45. 102.42 (6) of the statutes is amended to read:
SB323,26,923 102.42 (6) Treatment rejected by employe. Unless the employe shall have
24elected Christian Science treatment in lieu of medical, surgical, dental, hospital or
25sanatorium treatment, no compensation shall be payable for the death or disability

1of an employe, if the death be caused, or insofar as the disability may be aggravated,
2caused or continued (a) by an unreasonable refusal or neglect to submit to or follow
3any competent and reasonable medical or, surgical or dental treatment, (b) or, in the
4case of tuberculosis, by refusal or neglect to submit to or follow hospital or
5sanatorium treatment when found by the department to be necessary. The right to
6compensation accruing during a period of refusal or neglect under (b) to submit to
7or follow hospital or sanatorium treatment when found by the department to be
8necessary in the case of tuberculosis
shall be barred, irrespective of whether
9disability was aggravated, caused or continued thereby.
SB323, s. 46 10Section 46. 102.82 (1) of the statutes is amended to read:
SB323,26,1711 102.82 (1) An uninsured employer shall reimburse the department for any
12payment made under s. 102.81 (1) to an employe of the uninsured employer or to an
13employe's dependents, less amounts repaid by the employe or dependents under s.
14102.81 (4) (b). The reimbursement owed under this subsection is due within 30 days
15after the date on which the department notifies the uninsured employer that the
16reimbursement is owed. Interest shall accrue on amounts not paid when due at the
17rate of 1% per month.
SB323, s. 47 18Section 47. 102.83 (8) of the statutes is amended to read:
SB323,27,619 102.83 (8) Any officer or director of an uninsured employer that is a corporation
20and any member or manager of an uninsured employer that is a limited liability
21company
may be found individually and jointly and severally liable for the payments,
22interest, costs and other fees specified in a warrant under this section if after proper
23proceedings for the collection of those amounts from the corporation or limited
24liability company
, as provided in this section, the corporation or limited liability
25company
is unable to pay those amounts to the department. The personal liability

1of the officers and directors of a corporation or of the members and managers of a
2limited liability company
as provided in this subsection survives dissolution,
3reorganization, bankruptcy, receivership, assignment for the benefit of creditors,
4judicially confirmed extension or composition, or any analogous situation of the
5corporation or limited liability company and shall be set forth in a determination or
6decision issued under s. 102.82.
SB323, s. 48 7Section 48 . Initial applicability.
SB323,27,128 (1) Temporary help agencies. The treatment of section 102.04 (2m) of the
9statutes first applies to reimbursement sought or received by a temporary help
10agency, as defined in section 102.01 (2) (f) of the statutes, on the effective date of this
11subsection, notwithstanding that the reimbursement is of a payment made before
12the effective date of this subsection.
SB323,27,1513 (2) Elections by corporate officers. The treatment of section 102.076 (1) of
14the statutes first applies to elections under that subsection that are in effect on the
15effective date of this subsection.
SB323,27,1816 (3) Computations of earnings. The treatment of section 102.11 (1) (d) of the
17statutes first applies to injuries or deaths occurring on the effective date of this
18subsection.
SB323,27,1919 (4) Fee and necessity of treatment disputes.
SB323,27,2220 (a) The treatment of sections 102.16 (1m) and 102.18 (1) (bg) of the statutes first
21applies to orders under section 102.16 (1) and 102.18 (1) (b) of the statutes issued on
22the effective date of this paragraph.
SB323,27,2523 (b) The treatment of section 102.16 (2) (f) and (2m) (e) of the statutes first
24applies to determinations under section 102.16 (2) and (2m) of the statutes made 30
25days before the effective date of this paragraph.
SB323,28,1
1(5) Out-of-state treatment.
SB323,28,42 (a) The amendment of section 102.42 (2) (a) of the statutes first applies to
3referrals made to a practitioner not licensed and practicing in this state on referral
4by another practitioner on the effective date of this paragraph.
SB323,28,75 (b) The repeal and recreation of section 102.42 (2) (a) of the statutes first applies
6to referrals made to a practitioner by another practitioner on the effective date of this
7paragraph.
SB323,28,88 (6) Uninsured employers.
SB323,28,119 (a) The treatment of section 102.82 (1) of the statutes first applies to
10reimbursements of which the department of workforce development provides notice
11on the effective date of this paragraph.
SB323,28,1512 (b) The treatment of section 102.83 (8) of the statutes first applies to the
13members and managers of a limited liability company that is unable to pay an
14amount owed to the uninsured employers fund on the effective date of this
15paragraph.
SB323, s. 49 16Section 49. Effective dates. This act takes effect on January 1, 1998, or on
17the day after publication whichever is later, except as follows:
SB323,28,1918 (1) Out-of-state treatment. The repeal and recreation of section 102.42 (2) (a)
19of the statutes and Section 48 (5) (b ) this act take effect on January 1, 2000.
SB323,28,2020 (End)
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