AB505, s. 8 3Section 8. 102.11 (1) (a) of the statutes is renumbered 102.11 (1) (a) 1. and
4amended to read:
AB505,11,105 102.11 (1) (a) 1. Daily earnings shall mean the daily earnings of the employee
6at the time of the injury in the employment in which the employee was then engaged.
7In determining daily earnings under this paragraph, overtime subdivision, any
8hours worked beyond the normal full-time working day as established by the
9employer, whether compensated at the employee's regular rate of pay or at an
10increased rate of pay,
shall not be considered.
AB505,11,18 112. If at the time of the injury the employee is working on part time for the day,
12the employee's daily earnings shall be arrived at by dividing the amount received,
13or to be received by the employee for such part-time service for the day, by the
14number of hours and fractional hours of such part-time service, and multiplying the
15result by the number of hours of the normal full-time working day established by the
16employer
for the employment involved. The words "part time for the day" shall apply
17to Saturday half days and all other days upon which the employee works less than
18normal full-time working hours.
AB505,11,25 193. The average weekly earnings shall be arrived at by multiplying the
20employee's hourly earnings by the hours in the normal full-time workweek as
21established by the employer, or by multiplying the employee's
daily earnings by the
22number of days and fractional days normally worked per week in the normal
23full-time workweek as established by the employer
, at the time of the injury in the
24business operation of the employer for the particular employment in which the
25employee was engaged at the time of the employee's injury, whichever is greater.
AB505, s. 9
1Section 9. 102.11 (1) (a) 4. of the statutes is created to read:
AB505,12,82 102.11 (1) (a) 4. It is presumed, unless rebutted by reasonably clear and
3complete documentation, that the normal full-time workweek established by the
4employer is 24 hours for a flight attendant, 56 hours for a firefighter, and not less
5than 40 hours for any other employee. If the employer has established a multi-week
6schedule with regular hours alternating between weeks, the normal full-time
7workweek is the average number of hours worked per week under the multi-week
8schedule.
AB505, s. 10 9Section 10. 102.11 (1) (am) of the statutes is created to read:
AB505,12,1610 102.11 (1) (am) In the case of an employee who is a member of a
11regularly-scheduled class of part-time employees, average weekly earnings shall be
12arrived at by the method prescribed in par. (a), except that the number of hours of
13the normal working day and the number of hours and days of the normal workweek
14shall be the hours and days established by the employer for that class. An employee
15is a member of a regularly-scheduled class of part-time employees if all of the
16following conditions are met:
AB505,12,2317 1. The employee is a member of a class of employees that does the same type
18of work at the same location and, in the case of an employee in the service of the state,
19is employed in the same office, department, independent agency, authority,
20institution, association, society, or other body in state government or, if the
21department determines appropriate, in the same subunit of an office, department,
22independent agency, authority, institution, association, society, or other body in state
23government.
AB505,13,324 2. The minimum and maximum weekly hours regularly scheduled by the
25employer for the members of the class during the 13 weeks immediately preceding

1the date of the injury vary by no more than 5 hours. Subject to this requirement, the
2members of the class do not need to work the same days or the same shift to be
3considered members of a regularly-scheduled class of part-time employees.
AB505,13,54 3. At least 10% of the employer's workforce doing the same type of work are
5members of the class.
AB505,13,66 4. The class consists of more than one employee.
AB505, s. 11 7Section 11. 102.11 (1) (b) of the statutes is amended to read:
AB505,13,158 102.11 (1) (b) In case of seasonal employment, average weekly earnings shall
9be arrived at by the method prescribed in par. (a), except that the number of hours
10of the normal full-time working day and the number of days of the normal full-time
11working week workweek shall be such the hours and such the days in similar service
12in the same or similar nonseasonal employment. Seasonal employment shall mean
13employment which that can be conducted only during certain times of the year, and
14in no event shall employment be considered seasonal if it extends during a period of
15more than fourteen weeks within a calendar year.
AB505, s. 12 16Section 12. 102.123 of the statutes is created to read:
AB505,14,6 17102.123 Statement of employee. If an employee provides to the employer or
18the employer's insurer a signed statement relating to a claim for compensation by
19the employee, the employer or insurer shall provide a copy of the statement to the
20employee within a reasonable time after the statement is made. If an employer or
21insurer uses a recording device to take a statement from an employee relating to a
22claim for compensation by the employee, the employer or insurer, on the request of
23the employee or the employee's attorney or other authorized agent, shall reduce the
24statement to writing and provide a written copy of the entire statement to the
25employee, attorney, or agent within a reasonable time after the statement is taken.

1The employer or insurer shall also make the actual recording of the statement
2available as an exhibit if a hearing on the claim is held. An employer or insurer that
3fails to provide an employee with a copy of the employee's statement as required by
4this section or that fails to make available as an exhibit the actual recording of a
5statement recorded by a recording device as required by this section may not use that
6statement in any manner in connection with the employee's claim for compensation.
AB505, s. 13 7Section 13. 102.125 (1) of the statutes is renumbered 102.125 and amended
8to read:
AB505,14,21 9102.125 Fraudulent claims reporting and investigation. If an insurer or
10self-insured employer has evidence that a claim is false or fraudulent in violation of
11s. 943.395 and if the insurer or self-insured employer is satisfied that reporting the
12claim to the department will not impede its ability to defend the claim, the insurer
13or self-insured employer shall report the claim to the department. The department
14may require an insurer or self-insured employer to investigate an allegedly false or
15fraudulent claim and may provide the insurer or self-insured employer with any
16records of the department relating to that claim. An insurer or self-insured
17employer that investigates a claim under this subsection section shall report on the
18results of that investigation to the department. If based on the investigation the
19department has a reasonable basis to believe that a violation of s. 943.395 has
20occurred, the department shall refer the results of the investigation to the district
21attorney of the county in which the alleged violation occurred for prosecution.
AB505, s. 14 22Section 14. 102.125 (2) of the statutes is repealed.
AB505, s. 15 23Section 15. 102.16 (2) (d) of the statutes is amended to read:
AB505,15,1324 102.16 (2) (d) For fee disputes that are submitted to the department before
25July 1, 2002, the
The department shall analyze the information provided to the

1department under par. (c) according to the criteria provided in this paragraph to
2determine the reasonableness of the disputed fee. The department shall determine
3that a disputed fee is reasonable and order that the disputed fee be paid if that fee
4is at or below the mean fee for the health service procedure for which the disputed
5fee was charged, plus 1.5 standard deviations from that mean, as shown by data from
6a database that is certified by the department under par. (h). The department shall
7determine that a disputed fee is unreasonable and order that a reasonable fee be paid
8if the disputed fee is above the mean fee for the health service procedure for which
9the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown
10by data from a database that is certified by the department under par. (h), unless the
11health service provider proves to the satisfaction of the department that a higher fee
12is justified because the service provided in the disputed case was more difficult or
13more complicated to provide than in the usual case.
AB505, s. 16 14Section 16. 102.16 (2m) (c) of the statutes is amended to read:
AB505,16,415 102.16 (2m) (c) Before determining under this subsection the necessity of
16treatment provided for an injured employee who claims benefits under this chapter,
17the department shall obtain a written opinion on the necessity of the treatment in
18dispute from an expert selected by the department. Before determining under sub.
19(1m) (b) or s. 102.18 (1) (bg) 2. the necessity of treatment provided for an injured
20employee who claims benefits under this chapter, the department may, but is not
21required to, obtain such an expert opinion.
To qualify as an expert, a person must
22be licensed to practice the same health care profession as the individual health
23service provider whose treatment is under review and must either be performing
24services for an impartial health care services review organization or be a member of
25an independent panel of experts established by the department under par. (f). The

1department shall adopt the written opinion of the expert as the department's
2determination on the issues covered in the written opinion, unless the health service
3provider or the insurer or self-insured employer present clear and convincing
4written evidence that the expert's opinion is in error.
AB505, s. 17 5Section 17. 102.17 (1) (c) of the statutes is amended to read:
AB505,17,116 102.17 (1) (c) Either Any party shall have the right to be present at any hearing,
7in person or by attorney, or any other agent, and to present such testimony as may
8be pertinent to the controversy before the department. No person, firm, or
9corporation, other than an attorney at law, duly who is licensed to practice law in the
10state, may appear on behalf of any party in interest before the department or any
11member or employee of the department assigned to conduct any hearing,
12investigation, or inquiry relative to a claim for compensation or benefits under this
13chapter, unless the person is 18 years of age or older, does not have an arrest or
14conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified,
15and has obtained from the department a license with authorization to appear in
16matters or proceedings before the department. Except as provided under pars. (cm)
17and (cr), the license shall be issued by the department under rules to be adopted
18promulgated by the department. There shall be maintained in the office of the
19department
The department shall maintain in its office a current list of persons to
20whom licenses have been issued. Any license may be suspended or revoked by the
21department for fraud or serious misconduct on the part of an agent, any license may
22be denied, suspended, nonrenewed, or otherwise withheld by the department for
23failure to pay court-ordered payments as provided in par. (cm) on the part of an
24agent, and any license may be denied or revoked if the department of revenue
25certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

1Before suspending or revoking the license of the agent on the grounds of fraud or
2misconduct, the department shall give notice in writing to the agent of the charges
3of fraud or misconduct, and shall give the agent full opportunity to be heard in
4relation to the same those charges. In denying, suspending, restricting, refusing to
5renew, or otherwise withholding a license for failure to pay court-ordered payments
6as provided in par. (cm), the department shall follow the procedure provided in a
7memorandum of understanding entered into under s. 49.857. The license and
8certificate of authority shall, unless otherwise suspended or revoked, be in force from
9the date of issuance until the June 30 following the date of issuance and may be
10renewed by the department from time to time, but each renewed license shall expire
11on the June 30 following the issuance thereof of the renewed license.
AB505, s. 18 12Section 18. 102.17 (1) (e) of the statutes is amended to read:
AB505,17,2113 102.17 (1) (e) The department may, with or without notice to either any party,
14cause testimony to be taken, or an inspection of the premises where the injury
15occurred to be made, or the time books and payrolls of the employer to be examined
16by any examiner, and may direct any employee claiming compensation to be
17examined by a physician, chiropractor, psychologist, dentist, or podiatrist. The
18testimony so taken, and the results of any such inspection or examination, shall be
19reported to the department for its consideration upon final hearing. All ex parte
20testimony taken by the department shall be reduced to writing and either any party
21shall have opportunity to rebut such that testimony on final hearing.
AB505, s. 19 22Section 19. 102.17 (1) (h) of the statutes is amended to read:
AB505,18,223 102.17 (1) (h) The contents of certified reports of investigation, made by
24industrial safety specialists who are employed, contracted, or otherwise secured by
25the department and available for cross-examination, served upon the parties 15

1days prior to hearing, shall constitute prima facie evidence as to matter contained
2therein in those reports.
AB505, s. 20 3Section 20. 102.17 (4) of the statutes is amended to read:
AB505,18,194 102.17 (4) The right of an employee, the employee's legal representative or, or
5a
dependent to proceed under this section shall not extend beyond 12 years from the
6date of the injury or death or from the date that compensation, other than treatment
7or burial expenses, was last paid, or would have been last payable if no advancement
8were made, whichever date is latest. In the case of occupational disease , a traumatic
9injury resulting in the loss or total impairment of a hand or any part of the rest of
10the arm proximal to the hand or of a foot or any part of the rest of the leg proximal
11to the foot, any loss of vision, any permanent brain injury, or any injury causing the
12need for a total or partial knee or hip replacement,
there shall be no statute of
13limitations, except that benefits or treatment expense becoming due after 12 years
14from the date of injury or death or last payment of compensation shall be paid from
15the work injury supplemental benefit fund under s. 102.65 and in the manner
16provided in s. 102.66. Payment of wages by the employer during disability or absence
17from work to obtain treatment shall be deemed payment of compensation for the
18purpose of this section if the employer knew of the employee's condition and its
19alleged relation to the employment.
AB505, s. 21 20Section 21. 102.18 (1) (b) of the statutes is amended to read:
AB505,19,1521 102.18 (1) (b) Within 90 days after the final hearing and close of the record, the
22department shall make and file its findings upon the ultimate facts involved in the
23controversy, and its order, which shall state its determination as to the rights of the
24parties. Pending the final determination of any controversy before it, the
25department may in its discretion after any hearing make interlocutory findings,

1orders, and awards, which may be enforced in the same manner as final awards. The
2department may include in any interlocutory or final award or order an order
3directing the employer or insurer to pay for any future treatment that may be
4necessary to cure and relieve the employee from the effects of the injury. If the
5department finds that the employer or insurer has not paid any amount that the
6employer or insurer was directed to pay in any interlocutory order or award and that
7the nonpayment was not in good faith, the department may include in
its final award,
8as
a penalty for noncompliance with any such interlocutory order or award, if it finds
9that noncompliance was not in good faith,
not exceeding 25% of each amount which
10shall not have been
that was not paid as directed thereby. Where. When there is a
11finding that the employee is in fact suffering from an occupational disease caused by
12the employment of the employer against whom the application is filed, a final award
13dismissing such the application upon the ground that the applicant has suffered no
14disability from said the disease shall not bar any claim he or she the employee may
15thereafter have for disability sustained after the date of the award.
AB505, s. 22 16Section 22. 102.18 (1) (e) of the statutes is created to read:
AB505,19,2317 102.18 (1) (e) Except as provided in s. 102.21, if the department orders a party
18to pay an award of compensation, the party shall pay the award no later than 21 days
19after the date on which the order is mailed to the last-known address of the party,
20unless a party files a petition for review under sub. (3). This paragraph applies to
21all awards of compensation ordered by the department, whether the award results
22from a hearing, the default of a party, or a compromise or stipulation confirmed by
23the department.
AB505, s. 23 24Section 23. 102.20 of the statutes is amended to read:
AB505,20,6
1102.20 Judgment on award. If either any party presents a certified copy of
2the award to the circuit court for any county, the court shall, without notice, render
3judgment in accordance therewith with the award. A judgment rendered under this
4section shall have the same effect as though rendered in an action tried and
5determined by the court, and shall, with like effect, be entered in the judgment and
6lien docket.
AB505, s. 24 7Section 24. 102.23 (1) (d) of the statutes is amended to read:
AB505,20,168 102.23 (1) (d) The commission shall make return to the court of all documents
9and papers on file in the matter, and of all testimony which that has been taken, and
10of the commission's order, findings, and award. Such return of the commission when
11filed in the office of the clerk of the circuit court shall, with the papers mentioned
12specified in s. 809.15, constitute a judgment roll in the action; and it shall not be
13necessary to have a transcript approved. The action may thereupon be brought on
14for hearing before the court upon the record by either any party on 10 days' notice
15to the other; subject, however, to the provisions of law for a change of the place of trial
16or the calling in of another judge.
AB505, s. 25 17Section 25. 102.26 (3) (b) 3. of the statutes is created to read:
AB505,20,2518 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer
19to pay any compensation that is due the claimant by depositing the payment directly
20into an account maintained by the claimant at a financial institution. If the insurer
21or self-insured employer agrees to the request, the insurer or self-insured employer
22may deposit the payment by direct deposit, electronic funds transfer, or any other
23money transfer technique approved by the department. The claimant may revoke
24a request under this subdivision at any time by providing appropriate written notice
25to the insurer or self-insured employer.
AB505, s. 26
1Section 26. 102.29 (8) of the statutes is amended to read:
AB505,21,82 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private
3school, as defined in s. 115.001 (3r), who is named under s. 102.077 as an employee
4of the school district or private school for purposes of this chapter and who makes a
5claim for compensation under this chapter may make a claim or maintain an action
6in tort against the employer that provided the work training or work experience from
7which the claim arose. This subsection does not apply to injuries occurring after
8December 31, 2001.
AB505, s. 27 9Section 27. 102.31 (8) of the statutes is amended to read:
AB505,21,2010 102.31 (8) The Wisconsin compensation rating bureau shall provide the
11department with any information it requests that the department may request
12relating to worker's compensation insurance coverage, including but not limited to
13the names of employers insured and any insured employer's address, business
14status, type and date of coverage, manual premium code, and policy information
15including numbers, cancellations, terminations, endorsements, and reinstatement
16dates. The department may enter into contracts with the Wisconsin compensation
17rating bureau to share the costs of data processing and other services. No
18information obtained by the department under this subsection may be made public
19by the department except as authorized by the Wisconsin compensation rating
20bureau.
AB505, s. 28 21Section 28. 102.32 (5) of the statutes is amended to read:
AB505,22,322 102.32 (5) Any insured employer may, within the discretion of the department,
23compel the insurer to discharge, or to guarantee payment of its, the employer's
24liabilities in any such case under case described in this section and thereby release
25himself or herself the employer from compensation liability therein in that case, but

1if for any reason a bond furnished or deposit made under sub. (4) does not fully
2protect, the compensation insurer or uninsured insured employer, as the case may
3be, shall still be liable to the beneficiary thereof of the bond or deposit.
AB505, s. 29 4Section 29. 102.32 (6) of the statutes is amended to read:
AB505,23,25 102.32 (6) If compensation is due for permanent disability following an injury
6or if death benefits are payable, payments shall be made to the employee or
7dependent on a monthly basis. Compensation for permanent disability that results
8from an injury for which the employer or the employer's insurer concedes liability
9and that is based on a minimum permanent disability rating promulgated by the
10department by rule shall begin within 30 days after the end of the employee's healing
11period or within 30 days after the employer or the employer's insurer receives a
12medical report that provides a permanent disability rating, whichever is later.
13Compensation for permanent disability that results from an injury for which the
14employer or the employer's insurer does not concede liability or that is based on a
15permanent disability rating that is above a minimum permanent disability rating
16promulgated by the department by rule shall begin within the later of those 30-day
17periods unless within the later of those 30-day periods the employer or insurer
18notifies the employee that the employer or insurer is requesting an examination
19under s. 102.13 (1) (a), in which case compensation for permanent disability shall
20begin within 30 days after the employer or insurer receives the report of the
21examination or within 90 days after the date of the request for the examination,
22whichever is earlier. Payments for permanent disability, including payments based
23on minimum permanent disability ratings promulgated by the department by rule,
24shall continue on a monthly basis and shall accrue and be payable between

1intermittent periods of temporary disability so long as the employer or insurer knows
2the nature of the permanent disability.
AB505,23,8 3(6m) The department may direct an advance on a payment of unaccrued
4compensation or death benefits if it the department determines that the advance
5payment is in the best interest of the injured employee or his or her the employee's
6dependents. In directing the advance, the department shall give the employer or the
7employer's insurer an interest credit against its liability. The credit shall be
8computed at 7%.
AB505, s. 30 9Section 30. 102.33 (2) (a) of the statutes is amended to read:
AB505,23,1210 102.33 (2) (a) Except as provided in par. pars. (b) and (c), the records of the
11department related to the administration of this chapter are subject to inspection
12and copying under s. 19.35 (1).
AB505, s. 31 13Section 31. 102.33 (2) (c) of the statutes is created to read:
AB505,23,1914 102.33 (2) (c) Notwithstanding par. (a), a record maintained by the department
15that contains employer or insurer information obtained from the Wisconsin
16compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is confidential and
17not open to public inspection or copying under s. 19.35 (1) unless the Wisconsin
18compensation rating bureau authorizes public inspection or copying of that
19information.
AB505, s. 32 20Section 32. 102.37 of the statutes is amended to read:
AB505,24,4 21102.37 Employers' records. Every employer of 3 or more persons and every
22employer who is subject to this chapter shall keep a record of all accidents causing
23death or disability of any employee while performing services growing out of and
24incidental to the employment. This record shall give the name, address, age, and
25wages of the deceased or injured employee, the time and causes of the accident, the

1nature and extent of the injury, and any other information the department may
2require by rule or general order. Reports based upon this record shall be furnished
3to the department at such times and in such manner as it the department may
4require by rule or general order, upon forms in a format approved by the department.
AB505, s. 33 5Section 33. 102.38 of the statutes is amended to read:
AB505,24,12 6102.38 Records and reports of payments; reports thereon. Every
7insurance company which that transacts the business of compensation insurance,
8and every employer who is subject to this chapter, but whose liability is not insured,
9shall keep a record of all payments made under this chapter and of the time and
10manner of making the payments, and shall furnish reports based upon these records
11and any other information to the department as it the department may require by
12rule or general order, upon forms in a format approved by the department.
AB505, s. 34 13Section 34. 102.39 of the statutes is amended to read:
AB505,24,17 14102.39 General Rules and general orders; application of statutes. The
15provisions of s. 103.005 relating to the adoption, publication, modification, and court
16review of rules or general orders of the department shall apply to all rules
17promulgated or
general orders adopted pursuant to under this chapter.
AB505, s. 35 18Section 35. 102.42 (1m) of the statutes is created to read:
AB505,25,219 102.42 (1m) If an employee who has sustained a compensable injury
20undertakes in good faith invasive treatment that is generally medically acceptable,
21but that is unnecessary, the employer shall pay disability indemnity for all disability
22incurred as a result of that treatment. An employer is not liable for disability
23indemnity for any disability incurred as a result of any unnecessary treatment
24undertaken in good faith that is noninvasive or not medically acceptable. This
25subsection applies to all findings that an employee has sustained a compensable

1injury, whether the finding results from a hearing, the default of a party, or a
2compromise or stipulation confirmed by the department.
AB505, s. 36 3Section 36. 102.43 (5) of the statutes is amended to read:
AB505,25,164 102.43 (5) Temporary disability, during which compensation shall be payable
5for loss of earnings, shall include such period as may be reasonably required for
6training in the use of artificial members and appliances, and shall. Except as
7provided in s. 102.61 (1g), temporary disability shall also
include such period as the
8employee may be receiving instruction pursuant to s. 102.61 (1) or (1m). Temporary
9disability on account of receiving instruction of the latter nature, and not otherwise
10resulting from the injury, shall not be in excess of 80 weeks. Such 80-week limitation
11does not apply to temporary disability benefits under this section, travel or
12maintenance expense under s. 102.61 (1), or private rehabilitation counseling or
13rehabilitative training costs under s. 102.61 (1m) if the department determines that
14additional training is warranted. The necessity for additional training as authorized
15by the department for any employee shall be subject to periodic review and
16reevaluation.
AB505, s. 37 17Section 37. 102.43 (6) (b) of the statutes is amended to read:
AB505,26,218 102.43 (6) (b) Wages In the case of an employee whose average weekly earnings
19are calculated under s. 102.11 (1) (a), wages
received from other employment held by
20the employee when the injury occurred shall be considered in computing actual wage
21loss from the employer in whose employ the employee sustained the injury, if the as
22provided in this paragraph. If an
employee's weekly temporary disability benefits
23average weekly earnings are calculated under s. 102.11 (1) (a), wages received from
24other employment held by the employee when the injury occurred shall be offset
25against those average weekly earnings and not against the employee's actual

1earnings in the employment in which the employee was engaged at the time of the
2injury
.
AB505, s. 38 3Section 38. 102.44 (1) (intro.) of the statutes is amended to read:
AB505,26,134 102.44 (1) (intro.) Notwithstanding any other provision of this chapter, every
5employee who is receiving compensation under this chapter for permanent total
6disability or continuous temporary total disability more than 24 months after the
7date of injury resulting from an injury which occurred prior to January 1, 1976 1978,
8shall receive supplemental benefits which shall be payable in the first instance by
9the employer or the employer's insurance carrier, or in the case of benefits payable
10to an employee under s. 102.66, shall be paid by the department out of the fund
11created under s. 102.65. These supplemental benefits shall be paid only for weeks
12of disability occurring after January 1, 1978 1980, and shall continue during the
13period of such total disability subsequent to that date.
AB505, s. 39 14Section 39. 102.44 (1) (a) of the statutes is amended to read:
AB505,26,1815 102.44 (1) (a) If such employee is receiving the maximum weekly benefits in
16effect at the time of the injury, the supplemental benefit for a week of disability
17occurring after January 1, 2002,
shall be an amount which, when added to the
18regular benefit established for the case, shall equal $150 $202.
AB505, s. 40 19Section 40. 102.44 (1) (b) of the statutes is amended to read:
AB505,26,2420 102.44 (1) (b) If such employee is receiving a weekly benefit which is less than
21the maximum benefit which was in effect on the date of the injury, the supplemental
22benefit for a week of disability occurring after January 1, 2002, shall be an amount
23sufficient to bring the total weekly benefits to the same proportion of $150 $202 as
24the employee's weekly benefit bears to the maximum in effect on the date of injury.
AB505, s. 41 25Section 41. 102.57 of the statutes is amended to read:
AB505,27,7
1102.57 Violations of safety provisions, penalty. If injury is caused by the
2failure of the employer to comply with any statute or any lawful, rule, or order of the
3department, compensation and death benefits provided in this chapter shall be
4increased 15% but the total increase may not exceed $15,000. Failure of an employer
5reasonably to enforce compliance by employees with that any statute, rule, or order
6of the department constitutes failure by the employer to comply with that statute,
7rule,
or order.
AB505, s. 42 8Section 42. 102.58 of the statutes is amended to read:
AB505,27,19 9102.58 Decreased compensation. If injury is caused by the failure of the
10employee to use safety devices which that are provided in accordance with any
11statute or lawful, rule, or order of the department and that are adequately
12maintained, and the use of which is reasonably enforced by the employer, or if injury
13results from the employee's failure to obey any reasonable rule adopted and
14reasonably enforced by the employer for the safety of the employee and of which the
15employee has notice, or if injury results from the intoxication of the employee by
16alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as
17defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m),
18the compensation and death benefit provided in this chapter shall be reduced 15%
19but the total reduction may not exceed $15,000.
AB505, s. 43 20Section 43. 102.59 (1) of the statutes is amended to read:
AB505,28,1021 102.59 (1) If an employee has at the time of injury permanent disability which
22if it had resulted from such injury would have entitled him or her to indemnity for
23200 weeks and, as a result of such injury, incurs further permanent disability which
24entitles him or her to indemnity for 200 weeks, the employee shall be paid from the
25funds provided in this section additional compensation equivalent to the amount

1which would be payable for said previous disability if it had resulted from such injury
2or the amount which is payable for said further disability, whichever is the lesser.
3If said disabilities result in permanent total disability the additional compensation
4shall be in such amount as will complete the payments which would have been due
5had said permanent total disability resulted from such injury. This additional
6compensation accrues from, and may not be paid to any person before, the end of the
7period for which compensation for permanent disability resulting from such injury
8is payable by the employer, and shall be subject to s. 102.32 (6), (6m), and (7). No
9compromise agreement of liability for this additional compensation may provide for
10any lump sum payment.
AB505, s. 44 11Section 44. 102.61 (1) of the statutes is amended to read:
AB505,28,1912 102.61 (1) Subject to sub. subs. (1g) and (1m), an employee who is entitled to
13receive and has received compensation under this chapter, and who is entitled to and
14is receiving instructions under 29 USC 701 to 797b, as administered by the state in
15which the employee resides or in which the employee resided at the time of becoming
16physically disabled, shall, in addition to other indemnity, be paid the actual and
17necessary expenses of travel and, if the employee receives instructions elsewhere
18than at the place of residence, the actual and necessary costs of maintenance, during
19rehabilitation, subject to the conditions and limitations specified in sub. (1r).
AB505, s. 45 20Section 45. 102.61 (1g) of the statutes is created to read:
AB505,29,221 102.61 (1g) (a) In this subsection, "suitable employment" means employment
22that is within an employee's permanent work restrictions, that the employee has the
23necessary physical capacity, knowledge, transferable skills, and ability to perform,
24and that pays not less than 90% of the employee's preinjury average weekly wage,

1except that employment that pays 90% or more of the employee's preinjury average
2weekly wage does not constitute suitable employment if any of the following apply:
AB505,29,83 1. The employee's education, training, or employment experience
4demonstrates that the employee is on a career or vocational path, the employee's
5average weekly wage on the date of injury does not reflect the average weekly wage
6that the employee reasonably could have been expected to earn in the demonstrated
7career or vocational path, and the permanent work restrictions caused by the injury
8impede the employee's ability to pursue the demonstrated career or vocational path.
AB505,29,129 2. The employee was performing part-time employment at the time of the
10injury, the employee's average weekly wage for compensation purposes is calculated
11under s. 102.11 (1) (f) 1. or 2., and that average weekly wage exceeds the employee's
12gross average weekly wage for the part-time employment.
AB505,29,1813 (b) If an employer offers an employee suitable employment as provided in par.
14(c), the employer or the employer's insurance carrier is not liable for temporary
15disability benefits under s. 102.43 (5) or for travel and maintenance expenses under
16sub. (1). Ineligibility for compensation under this paragraph does not preclude an
17employee from receiving vocational rehabilitation services under 29 USC 701 to 797b
18if the department determines that the employee is eligible to receive those services.
AB505,30,1119 (c) On receiving notice that he or she is eligible to receive vocational
20rehabilitation services under 29 USC 701 to 797a, an employee shall provide the
21employer with a written report from a physician, chiropractor, psychologist, or
22podiatrist stating the employee's permanent work restrictions. Within 60 days after
23receiving that report, the employer shall provide to the employee in writing an offer
24of suitable employment, a statement that the employer has no suitable employment
25for the employee, or a report from a physician, chiropractor, psychologist, or

1podiatrist showing that the permanent work restrictions provided by the employee's
2practitioner are in dispute and documentation showing that the difference in work
3restrictions would materially affect either the employer's ability to provide suitable
4employment or a vocational rehabilitation counselor's ability to recommend a
5rehabilitative training program. If the employer and employee cannot resolve the
6dispute within 30 days after the employee receives the employer's report and
7documentation, the employer or employee may request a hearing before the
8department to determine the employee's work restrictions. Within 30 days after the
9department determines the employee's work restrictions, the employer shall provide
10to the employee in writing an offer of suitable employment or a statement that the
11employer has no suitable employment for the employee.
AB505, s. 46 12Section 46. 102.61 (1m) (c) of the statutes is amended to read:
AB505,30,2213 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost
14of any services provided for an employee by a private rehabilitation counselor under
15par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
16and by rule, if the private rehabilitation counselor determines that rehabilitative
17training is necessary, the reasonable cost of the rehabilitative training program
18recommended by that counselor, including tuition, fees, books, and maintenance and
19travel expenses. Notwithstanding that the department of workforce development
20may authorize under s. 102.43 (5) a rehabilitative training program that lasts longer
21than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is
22presumed to be reasonable.
AB505, s. 47 23Section 47. 102.61 (1m) (d) of the statutes is amended to read:
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