SB251: Bill Text

SB251,18,2 102.17 (1) (h) The contents of certified reports of investigation, made by industrial safety specialists who are employed, contracted, or otherwise secured by the department and available for cross-examination, served upon the parties 15 days prior to hearing, shall constitute prima facie evidence as to matter contained therein in those reports.

SB251, s. 20 Section 20. 102.17 (4) of the statutes is amended to read:

SB251,18,19 102.17 (4) The right of an employee, the employee's legal representative or, or a dependent to proceed under this section shall not extend beyond 12 years from the date of the injury or death or from the date that compensation, other than treatment or burial expenses, was last paid, or would have been last payable if no advancement were made, whichever date is latest. In the case of occupational disease , a traumatic injury resulting in the loss or total impairment of a hand or any part of the rest of the arm proximal to the hand or of a foot or any part of the rest of the leg proximal to the foot, any loss of vision, any permanent brain injury, or any injury causing the need for a total or partial knee or hip replacement, there shall be no statute of limitations, except that benefits or treatment expense becoming due after 12 years from the date of injury or death or last payment of compensation shall be paid from the work injury supplemental benefit fund under s. 102.65 and in the manner provided in s. 102.66. Payment of wages by the employer during disability or absence from work to obtain treatment shall be deemed payment of compensation for the purpose of this section if the employer knew of the employee's condition and its alleged relation to the employment.

SB251, s. 21 Section 21. 102.18 (1) (b) of the statutes is amended to read:

SB251,19,15 102.18 (1) (b) Within 90 days after the final hearing and close of the record, the department shall make and file its findings upon the ultimate facts involved in the controversy, and its order, which shall state its determination as to the rights of the parties. Pending the final determination of any controversy before it, the department may in its discretion after any hearing make interlocutory findings, orders, and awards, which may be enforced in the same manner as final awards. The department may include in any interlocutory or final award or order an order directing the employer or insurer to pay for any future treatment that may be necessary to cure and relieve the employee from the effects of the injury. If the department finds that the employer or insurer has not paid any amount that the employer or insurer was directed to pay in any interlocutory order or award and that the nonpayment was not in good faith, the department may include in its final award, as a penalty for noncompliance with any such interlocutory order or award, if it finds that noncompliance was not in good faith, not exceeding 25% of each amount which shall not have been that was not paid as directed thereby. Where. When there is a finding that the employee is in fact suffering from an occupational disease caused by the employment of the employer against whom the application is filed, a final award dismissing such the application upon the ground that the applicant has suffered no disability from said the disease shall not bar any claim he or she the employee may thereafter have for disability sustained after the date of the award.

SB251, s. 22 Section 22. 102.18 (1) (e) of the statutes is created to read:

SB251,19,23 102.18 (1) (e) Except as provided in s. 102.21, if the department orders a party to pay an award of compensation, the party shall pay the award no later than 21 days after the date on which the order is mailed to the last-known address of the party, unless a party files a petition for review under sub. (3). This paragraph applies to all awards of compensation ordered by the department, whether the award results from a hearing, the default of a party, or a compromise or stipulation confirmed by the department.

SB251, s. 23 Section 23. 102.20 of the statutes is amended to read:

SB251,20,6 102.20 Judgment on award. If either any party presents a certified copy of the award to the circuit court for any county, the court shall, without notice, render judgment in accordance therewith with the award. A judgment rendered under this section shall have the same effect as though rendered in an action tried and determined by the court, and shall, with like effect, be entered in the judgment and lien docket.

SB251, s. 24 Section 24. 102.23 (1) (d) of the statutes is amended to read:

SB251,20,16 102.23 (1) (d) The commission shall make return to the court of all documents and papers on file in the matter, and of all testimony which that has been taken, and of the commission's order, findings, and award. Such return of the commission when filed in the office of the clerk of the circuit court shall, with the papers mentioned specified in s. 809.15, constitute a judgment roll in the action; and it shall not be necessary to have a transcript approved. The action may thereupon be brought on for hearing before the court upon the record by either any party on 10 days' notice to the other; subject, however, to the provisions of law for a change of the place of trial or the calling in of another judge.

SB251, s. 25 Section 25. 102.26 (3) (b) 3. of the statutes is created to read:

SB251,20,25 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer to pay any compensation that is due the claimant by depositing the payment directly into an account maintained by the claimant at a financial institution. If the insurer or self-insured employer agrees to the request, the insurer or self-insured employer may deposit the payment by direct deposit, electronic funds transfer, or any other money transfer technique approved by the department. The claimant may revoke a request under this subdivision at any time by providing appropriate written notice to the insurer or self-insured employer.

SB251, s. 26 Section 26. 102.29 (8) of the statutes is amended to read:

SB251,21,8 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private school, as defined in s. 115.001 (3r), who is named under s. 102.077 as an employee of the school district or private school for purposes of this chapter and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer that provided the work training or work experience from which the claim arose. This subsection does not apply to injuries occurring after December 31, 2001.

SB251, s. 27 Section 27. 102.31 (8) of the statutes is amended to read:

SB251,21,20 102.31 (8) The Wisconsin compensation rating bureau shall provide the department with any information it requests that the department may request relating to worker's compensation insurance coverage, including but not limited to the names of employers insured and any insured employer's address, business status, type and date of coverage, manual premium code, and policy information including numbers, cancellations, terminations, endorsements, and reinstatement dates. The department may enter into contracts with the Wisconsin compensation rating bureau to share the costs of data processing and other services. No information obtained by the department under this subsection may be made public by the department except as authorized by the Wisconsin compensation rating bureau.

SB251, s. 28 Section 28. 102.32 (5) of the statutes is amended to read:

SB251,22,3 102.32 (5) Any insured employer may, within the discretion of the department, compel the insurer to discharge, or to guarantee payment of its, the employer's liabilities in any such case under case described in this section and thereby release himself or herself the employer from compensation liability therein in that case, but if for any reason a bond furnished or deposit made under sub. (4) does not fully protect, the compensation insurer or uninsured insured employer, as the case may be, shall still be liable to the beneficiary thereof of the bond or deposit.

SB251, s. 29 Section 29. 102.32 (6) of the statutes is amended to read:

SB251,23,2 102.32 (6) If compensation is due for permanent disability following an injury or if death benefits are payable, payments shall be made to the employee or dependent on a monthly basis. Compensation for permanent disability that results from an injury for which the employer or the employer's insurer concedes liability and that is based on a minimum permanent disability rating promulgated by the department by rule shall begin within 30 days after the end of the employee's healing period or within 30 days after the employer or the employer's insurer receives a medical report that provides a permanent disability rating, whichever is later. Compensation for permanent disability that results from an injury for which the employer or the employer's insurer does not concede liability or that is based on a permanent disability rating that is above a minimum permanent disability rating promulgated by the department by rule shall begin within the later of those 30-day periods unless within the later of those 30-day periods the employer or insurer notifies the employee that the employer or insurer is requesting an examination under s. 102.13 (1) (a), in which case compensation for permanent disability shall begin within 30 days after the employer or insurer receives the report of the examination or within 90 days after the date of the request for the examination, whichever is earlier. Payments for permanent disability, including payments based on minimum permanent disability ratings promulgated by the department by rule, shall continue on a monthly basis and shall accrue and be payable between intermittent periods of temporary disability so long as the employer or insurer knows the nature of the permanent disability.

SB251,23,8 (6m) The department may direct an advance on a payment of unaccrued compensation or death benefits if it the department determines that the advance payment is in the best interest of the injured employee or his or her the employee's dependents. In directing the advance, the department shall give the employer or the employer's insurer an interest credit against its liability. The credit shall be computed at 7%.

SB251, s. 30 Section 30. 102.33 (2) (a) of the statutes is amended to read:

SB251,23,12 102.33 (2) (a) Except as provided in par. pars. (b) and (c), the records of the department related to the administration of this chapter are subject to inspection and copying under s. 19.35 (1).

SB251, s. 31 Section 31. 102.33 (2) (c) of the statutes is created to read:

SB251,23,19 102.33 (2) (c) Notwithstanding par. (a), a record maintained by the department that contains employer or insurer information obtained from the Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is confidential and not open to public inspection or copying under s. 19.35 (1) unless the Wisconsin compensation rating bureau authorizes public inspection or copying of that information.

SB251, s. 32 Section 32. 102.37 of the statutes is amended to read:

SB251,24,4 102.37 Employers' records. Every employer of 3 or more persons and every employer who is subject to this chapter shall keep a record of all accidents causing death or disability of any employee while performing services growing out of and incidental to the employment. This record shall give the name, address, age, and wages of the deceased or injured employee, the time and causes of the accident, the nature and extent of the injury, and any other information the department may require by rule or general order. Reports based upon this record shall be furnished to the department at such times and in such manner as it the department may require by rule or general order, upon forms in a format approved by the department.

SB251, s. 33 Section 33. 102.38 of the statutes is amended to read:

SB251,24,12 102.38 Records and reports of payments; reports thereon. Every insurance company which that transacts the business of compensation insurance, and every employer who is subject to this chapter, but whose liability is not insured, shall keep a record of all payments made under this chapter and of the time and manner of making the payments, and shall furnish reports based upon these records and any other information to the department as it the department may require by rule or general order, upon forms in a format approved by the department.

SB251, s. 34 Section 34. 102.39 of the statutes is amended to read:

SB251,24,17 102.39 General Rules and general orders; application of statutes. The provisions of s. 103.005 relating to the adoption, publication, modification, and court review of rules or general orders of the department shall apply to all rules promulgated or general orders adopted pursuant to under this chapter.

SB251, s. 35 Section 35. 102.42 (1m) of the statutes is created to read:

SB251,25,2 102.42 (1m) If an employee who has sustained a compensable injury undertakes in good faith invasive treatment that is generally medically acceptable, but that is unnecessary, the employer shall pay disability indemnity for all disability incurred as a result of that treatment. An employer is not liable for disability indemnity for any disability incurred as a result of any unnecessary treatment undertaken in good faith that is noninvasive or not medically acceptable. This subsection applies to all findings that an employee has sustained a compensable injury, whether the finding results from a hearing, the default of a party, or a compromise or stipulation confirmed by the department.

SB251, s. 36 Section 36. 102.43 (5) of the statutes is amended to read:

SB251,25,16 102.43 (5) Temporary disability, during which compensation shall be payable for loss of earnings, shall include such period as may be reasonably required for training in the use of artificial members and appliances, and shall. Except as provided in s. 102.61 (1g), temporary disability shall also include such period as the employee may be receiving instruction pursuant to s. 102.61 (1) or (1m). Temporary disability on account of receiving instruction of the latter nature, and not otherwise resulting from the injury, shall not be in excess of 80 weeks. Such 80-week limitation does not apply to temporary disability benefits under this section, travel or maintenance expense under s. 102.61 (1), or private rehabilitation counseling or rehabilitative training costs under s. 102.61 (1m) if the department determines that additional training is warranted. The necessity for additional training as authorized by the department for any employee shall be subject to periodic review and reevaluation.

SB251, s. 37 Section 37. 102.43 (6) (b) of the statutes is amended to read:

SB251,26,2 102.43 (6) (b) Wages In the case of an employee whose average weekly earnings are calculated under s. 102.11 (1) (a), wages received from other employment held by the employee when the injury occurred shall be considered in computing actual wage loss from the employer in whose employ the employee sustained the injury, if the as provided in this paragraph. If an employee's weekly temporary disability benefits average weekly earnings are calculated under s. 102.11 (1) (a), wages received from other employment held by the employee when the injury occurred shall be offset against those average weekly earnings and not against the employee's actual earnings in the employment in which the employee was engaged at the time of the injury.

SB251, s. 38 Section 38. 102.44 (1) (intro.) of the statutes is amended to read:

SB251,26,13 102.44 (1) (intro.) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury which occurred prior to January 1, 1976 1978, shall receive supplemental benefits which shall be payable in the first instance by the employer or the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department out of the fund created under s. 102.65. These supplemental benefits shall be paid only for weeks of disability occurring after January 1, 1978 1980, and shall continue during the period of such total disability subsequent to that date.

SB251, s. 39 Section 39. 102.44 (1) (a) of the statutes is amended to read:

SB251,26,18 102.44 (1) (a) If such employee is receiving the maximum weekly benefits in effect at the time of the injury, the supplemental benefit for a week of disability occurring after January 1, 2002, shall be an amount which, when added to the regular benefit established for the case, shall equal $150 $202.

SB251, s. 40 Section 40. 102.44 (1) (b) of the statutes is amended to read:

SB251,26,24 102.44 (1) (b) If such employee is receiving a weekly benefit which is less than the maximum benefit which was in effect on the date of the injury, the supplemental benefit for a week of disability occurring after January 1, 2002, shall be an amount sufficient to bring the total weekly benefits to the same proportion of $150 $202 as the employee's weekly benefit bears to the maximum in effect on the date of injury.

SB251, s. 41 Section 41. 102.57 of the statutes is amended to read:

SB251,27,7 102.57 Violations of safety provisions, penalty. If injury is caused by the failure of the employer to comply with any statute or any lawful, rule, or order of the department, compensation and death benefits provided in this chapter shall be increased 15% but the total increase may not exceed $15,000. Failure of an employer reasonably to enforce compliance by employees with that any statute, rule, or order of the department constitutes failure by the employer to comply with that statute, rule, or order.

SB251, s. 42 Section 42. 102.58 of the statutes is amended to read:

SB251,27,19 102.58 Decreased compensation. If injury is caused by the failure of the employee to use safety devices which that are provided in accordance with any statute or lawful, rule, or order of the department and that are adequately maintained, and the use of which is reasonably enforced by the employer, or if injury results from the employee's failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of the employee and of which the employee has notice, or if injury results from the intoxication of the employee by alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), the compensation and death benefit provided in this chapter shall be reduced 15% but the total reduction may not exceed $15,000.

SB251, s. 43 Section 43. 102.59 (1) of the statutes is amended to read:

SB251,28,10 102.59 (1) If an employee has at the time of injury permanent disability which if it had resulted from such injury would have entitled him or her to indemnity for 200 weeks and, as a result of such injury, incurs further permanent disability which entitles him or her to indemnity for 200 weeks, the employee shall be paid from the funds provided in this section additional compensation equivalent to the amount which would be payable for said previous disability if it had resulted from such injury or the amount which is payable for said further disability, whichever is the lesser. If said disabilities result in permanent total disability the additional compensation shall be in such amount as will complete the payments which would have been due had said permanent total disability resulted from such injury. This additional compensation accrues from, and may not be paid to any person before, the end of the period for which compensation for permanent disability resulting from such injury is payable by the employer, and shall be subject to s. 102.32 (6), (6m), and (7). No compromise agreement of liability for this additional compensation may provide for any lump sum payment.

SB251, s. 44 Section 44. 102.61 (1) of the statutes is amended to read:

SB251,28,19 102.61 (1) Subject to sub. subs. (1g) and (1m), an employee who is entitled to receive and has received compensation under this chapter, and who is entitled to and is receiving instructions under 29 USC 701 to 797b, as administered by the state in which the employee resides or in which the employee resided at the time of becoming physically disabled, shall, in addition to other indemnity, be paid the actual and necessary expenses of travel and, if the employee receives instructions elsewhere than at the place of residence, the actual and necessary costs of maintenance, during rehabilitation, subject to the conditions and limitations specified in sub. (1r).

SB251, s. 45 Section 45. 102.61 (1g) of the statutes is created to read:

SB251,29,2 102.61 (1g) (a) In this subsection, "suitable employment" means employment that is within an employee's permanent work restrictions, that the employee has the necessary physical capacity, knowledge, transferable skills, and ability to perform, and that pays not less than 90% of the employee's preinjury average weekly wage, except that employment that pays 90% or more of the employee's preinjury average weekly wage does not constitute suitable employment if any of the following apply:

SB251,29,8 1. The employee's education, training, or employment experience demonstrates that the employee is on a career or vocational path, the employee's average weekly wage on the date of injury does not reflect the average weekly wage that the employee reasonably could have been expected to earn in the demonstrated career or vocational path, and the permanent work restrictions caused by the injury impede the employee's ability to pursue the demonstrated career or vocational path.

SB251,29,12 2. The employee was performing part-time employment at the time of the injury, the employee's average weekly wage for compensation purposes is calculated under s. 102.11 (1) (f) 1. or 2., and that average weekly wage exceeds the employee's gross average weekly wage for the part-time employment.

SB251,29,18 (b) If an employer offers an employee suitable employment as provided in par. (c), the employer or the employer's insurance carrier is not liable for temporary disability benefits under s. 102.43 (5) or for travel and maintenance expenses under sub. (1). Ineligibility for compensation under this paragraph does not preclude an employee from receiving vocational rehabilitation services under 29 USC 701 to 797b if the department determines that the employee is eligible to receive those services.

SB251,30,11 (c) On receiving notice that he or she is eligible to receive vocational rehabilitation services under 29 USC 701 to 797a, an employee shall provide the employer with a written report from a physician, chiropractor, psychologist, or podiatrist stating the employee's permanent work restrictions. Within 60 days after receiving that report, the employer shall provide to the employee in writing an offer of suitable employment, a statement that the employer has no suitable employment for the employee, or a report from a physician, chiropractor, psychologist, or podiatrist showing that the permanent work restrictions provided by the employee's practitioner are in dispute and documentation showing that the difference in work restrictions would materially affect either the employer's ability to provide suitable employment or a vocational rehabilitation counselor's ability to recommend a rehabilitative training program. If the employer and employee cannot resolve the dispute within 30 days after the employee receives the employer's report and documentation, the employer or employee may request a hearing before the department to determine the employee's work restrictions. Within 30 days after the department determines the employee's work restrictions, the employer shall provide to the employee in writing an offer of suitable employment or a statement that the employer has no suitable employment for the employee.

SB251, s. 46 Section 46. 102.61 (1m) (c) of the statutes is amended to read:

SB251,30,22 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost of any services provided for an employee by a private rehabilitation counselor under par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c) and by rule, if the private rehabilitation counselor determines that rehabilitative training is necessary, the reasonable cost of the rehabilitative training program recommended by that counselor, including tuition, fees, books, and maintenance and travel expenses. Notwithstanding that the department of workforce development may authorize under s. 102.43 (5) a rehabilitative training program that lasts longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is presumed to be reasonable.

SB251, s. 47 Section 47. 102.61 (1m) (d) of the statutes is amended to read:

SB251,31,6 102.61 (1m) (d) If an employee receives services from a private rehabilitation counselor under par. (a) and later receives similar services from the department of health and family services under sub. (1) without the prior approval of the employer or insurance carrier, the employer or insurance carrier is not liable for temporary disability benefits under s. 102.43 (5) or for travel and maintenance expenses under sub. (1) that exceed what the employer or insurance carrier would have been liable for under the rehabilitative training program developed by the private rehabilitation counselor.

SB251, s. 48 Section 48. 102.61 (1m) (e) of the statutes is amended to read:

SB251,31,11 102.61 (1m) (e) Nothing in this subsection prevents an employer or insurance carrier from providing an employee with the services of a private rehabilitation counselor or with rehabilitative training under sub. (3) before the department of health and family services makes its determination under par. (a).

SB251, s. 49 Section 49. 102.61 (1m) (f) of the statutes is amended to read:

SB251,31,17 102.61 (1m) (f) The department of workforce development shall promulgate rules establishing procedures and requirements for the private rehabilitation counseling and rehabilitative training process under this subsection. Those rules shall include rules specifying the procedure and requirements for certification of private rehabilitation counselors.

SB251, s. 50 Section 50. 102.61 (2) of the statutes is amended to read:

SB251,32,2 102.61 (2) The department of workforce development, the commission, and the courts shall determine the rights and liabilities of the parties under this section in like manner and with like effect as that the department, the commission, and the courts do determine other issues under compensation this chapter. A determination under this subsection may include a determination based on the evidence regarding the cost or scope of the services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program developed under sub. (1m) (a).

SB251, s. 51 Section 51. 102.66 (1) of the statutes is amended to read:

SB251,32,18 102.66 (1) In the event that there is an otherwise meritorious claim for occupational disease, a traumatic injury resulting in the loss or total impairment of a hand or any part of the rest of the arm proximal to the hand or of a foot or any part of the rest of the leg proximal to the foot, any loss of vision, any permanent brain injury, or any injury causing the need for a total or partial knee or hip replacement, and the claim is barred solely by the statute of limitations under s. 102.17 (4), the department may, in lieu of worker's compensation benefits, direct payment from the work injury supplemental benefit fund under s. 102.65 of such compensation and such medical expenses as would otherwise be due, based on the date of injury, to or on behalf of the injured employee. The benefits shall be supplemental , to the extent of compensation liability, to any disability or medical benefits payable from any group insurance policy where the whose premium is paid in whole or in part by any employer, or under any federal insurance or benefit program providing disability or medical benefits. Death benefits payable under any such group policy do not limit the benefits payable under this section.

SB251, s. 52 Section 52. 102.66 (2) of the statutes is amended to read:

SB251,33,2 102.66 (2) In the case of occupational disease, a traumatic injury resulting in the loss or total impairment of a hand or any part of the rest of the arm proximal to the hand or of a foot or any part of the rest of the leg proximal to the foot, any loss of vision, any permanent brain injury, or any injury causing the need for a total or partial knee or hip replacement, appropriate benefits may be awarded from the work injury supplemental benefit fund where when the status or existence of the employer or its insurance carrier cannot be determined or where when there is otherwise no adequate remedy, subject to the limitations contained in sub. (1).

SB251, s. 53 Section 53. 626.32 (1) (a) of the statutes is amended to read:

SB251,33,12 626.32 (1) (a) General. Every insurer writing any insurance specified under s. 626.03 shall report its insurance in this state to the bureau at least annually, on forms and under rules prescribed by the bureau. The bureau must shall file, pursuant to under rules adopted promulgated by the department of workforce development, a record of such reports with the that department. No such information may be made public by the bureau or any of its employees except as required by law and in accordance with its rules. No such information may be made public by the department of workforce development or any of its employees except as authorized by the bureau.

SB251, s. 54 Section 54. Initial applicability.

SB251,33,16 (1) Necessity of treatment determinations. The treatment of section 102.16 (2m) (c) of the statutes first applies to necessity of treatment determinations made on the effective date of this subsection.

SB251,33,19 (2) Payments of awards. The treatment of section 102.18 (1) (e) of the statutes first applies to orders awarding compensation entered on the effective date of this subsection.

SB251,33,22 (3) Disability as a result of unnecessary treatment. The treatment of section 102.42 (1m) of the statutes first applies to treatment provided on the effective date of this subsection.

SB251,34,2 (4) Statute of limitations; payments from supplemental work injury benefit fund. The treatment of sections 102.17 (4) and 102.66 (1) and (2) of the statutes first applies to benefits or treatment expenses that are payable on the effective date of this subsection, regardless of the date of the injury.

SB251,34,5 (5) Permanent disability payments. The treatment of section 102.32 (6) of the statutes first applies to compensation that becomes due on the effective date of this subsection.

SB251, s. 55 Section 55. Effective date.

SB251,34,8 (1) This act takes effect on January 1, 2002, or on the day after publication, whichever is later.

SB251,34,9 (End)