AB669, s. 16
4Section
16. 102.16 (2m) (e) of the statutes is amended to read:
AB669,13,135
102.16
(2m) (e)
The Within 30 days after a determination under this
6subsection, the department may set aside, reverse
, or modify
a determination under
7this subsection within 30 days after the date of the determination
for any reason that
8the department considers sufficient. Within 60 days after a determination under
9this subsection, the department may set aside, reverse, or modify the determination
10on grounds of mistake. A health service provider, insurer
, or self-insured employer
11that is aggrieved by a determination of the department under this subsection may
12seek judicial review of that determination in the same manner that compensation
13claims are reviewed under s. 102.23.
AB669, s. 17
14Section
17. 102.17 (1) (d) of the statutes is renumbered 102.17 (1) (d) 1. and
15amended to read:
AB669,14,1116
102.17
(1) (d) 1. The contents of certified medical and surgical reports by
17physicians, podiatrists, surgeons, dentists, psychologists
, physician assistants,
18advanced practice nurse prescribers, and chiropractors licensed in and practicing in
19this state
, and of certified reports by experts concerning loss of earning capacity
20under s. 102.44 (2) and (3), presented by a party for compensation constitute prima
21facie evidence as to the matter contained in
them
those reports, subject to any rules
22and limitations the department prescribes. Certified reports of physicians,
23podiatrists, surgeons, dentists, psychologists
, physician assistants, advanced
24practice nurse prescribers, and chiropractors, wherever licensed and practicing, who
25have examined or treated the claimant, and of experts, if the practitioner or expert
1consents to
subject himself or herself being subjected to cross-examination also
2constitute prima facie evidence as to the matter contained in
them those reports.
3Certified reports of physicians, podiatrists, surgeons, psychologists
, and
4chiropractors are admissible as evidence of the diagnosis, necessity of the treatment
, 5and cause and extent of the disability. Certified reports by doctors of dentistry
,
6physician assistants, and advanced practice nurse prescribers are admissible as
7evidence of the diagnosis and necessity
for of treatment but not of
the cause and
8extent of disability. Any physician, podiatrist, surgeon, dentist, psychologist,
9chiropractor
, physician assistant, advanced practice nurse prescriber, or expert who
10knowingly makes a false statement of fact or opinion in such a certified report may
11be fined or imprisoned, or both, under s. 943.395.
AB669,14,22
122. The record of a hospital or sanatorium in this state
operated by any
13department or agency of the federal or state government or by any municipality, or
14of any other hospital or sanatorium in this state which that is satisfactory to the
15department, established by certificate, affidavit
, or testimony of the supervising
16officer
or of the hospital or sanitorium, any other person having charge of
such
17records the record, or
of a physician, podiatrist, surgeon, dentist, psychologist
,
18physician assistant, advanced practice nurse prescriber, or chiropractor to be the
19record of the patient in question, and made in the regular course of examination or
20treatment of
such the patient, constitutes prima facie evidence
in any worker's
21compensation proceeding as to the matter contained in
it the record, to the extent
22that
it the record is otherwise competent and relevant.
AB669,15,4
233. The department may, by rule, establish the qualifications of and the form
24used for certified reports submitted by experts who provide information concerning
25loss of earning capacity under s. 102.44 (2) and (3). The department may not admit
1into evidence a certified report of a practitioner or other expert or a record of a
2hospital or sanatorium that was not filed with the department and all parties in
3interest at least 15 days before the date of the hearing, unless the department is
4satisfied that there is good cause for the failure to file the report.
AB669, s. 18
5Section
18. 102.17 (1) (g) of the statutes is amended to read:
AB669,15,196
102.17
(1) (g) Whenever the testimony presented at any hearing indicates a
7dispute
, or is such as to create or creates a doubt as to the extent or cause of disability
8or death, the department may direct that the injured employee be examined
or, that
9an autopsy be performed, or
that an opinion
of a physician, chiropractor, dentist,
10psychologist or podiatrist be obtained without examination or autopsy, by
or from an
11impartial, competent physician, chiropractor, dentist, psychologist or podiatrist
12designated by the department who is not under contract with or regularly employed
13by a compensation insurance carrier or self-insured employer. The expense of
such 14the examination
, autopsy, or opinion shall be paid by the employer or, if the employee
15claims compensation under s. 102.81, from the uninsured employers fund. The
16report of
such the examination
, autopsy, or opinion shall be transmitted in writing
17to the department and a copy
thereof of the report shall be furnished by the
18department to each party, who shall have an opportunity to rebut such report on
19further hearing.
AB669, s. 19
20Section
19. 102.18 (1) (e) of the statutes is amended to read:
AB669,16,221
102.18
(1) (e) Except as provided in s. 102.21, if the department orders a party
22to pay an award of compensation, the party shall pay the award no later than 21 days
23after the date on which the order is mailed to the last-known address of the party,
24unless
a the party files a petition for review under sub. (3). This paragraph applies
25to all awards of compensation ordered by the department, whether the award results
1from a hearing, the default of a party, or a compromise or stipulation confirmed by
2the department.
AB669, s. 20
3Section
20. 102.29 (3) of the statutes is amended to read:
AB669,16,84
102.29
(3) Nothing in this chapter shall prevent an employee from taking the
5compensation
he or she that the employee may be entitled to under
it this chapter 6and also maintaining a civil action against any physician, chiropractor, psychologist,
7dentist
, physician assistant, advanced practice nurse prescriber, or podiatrist for
8malpractice.
AB669, s. 21
9Section
21. 102.31 (2) (a) of the statutes is amended to read:
AB669,17,1010
102.31
(2) (a) No party to a contract of insurance may cancel
it the contract 11within the contract period or terminate or not renew
it the contract upon the
12expiration date until a notice in writing is given to the other party fixing the proposed
13date of cancellation or declaring that the party intends to terminate or does not
14intend to renew the policy upon expiration. Except as provided in par. (b), when an
15insurance company does not renew a policy upon expiration, the nonrenewal is not
16effective until 60 days after the insurance company has given written notice of the
17nonrenewal to the insured employer and the department. Cancellation or
18termination of a policy by an insurance company for any reason other than
19nonrenewal is not effective until 30 days after the insurance company has given
20written notice of the cancellation or termination to the insured employer and the
21department. Notice to the department may be given
either by personal service of the
22notice upon the department at its office in Madison
or
, by sending the notice by
23facsimile machine transmission or certified mail addressed to the department at its
24office in Madison
, or by transmitting the notice to the department at its office in
25Madison by facsimile machine transmission, electronic mail, or any electronic,
1magnetic, or other medium approved by the department. The department may
2provide by rule that the notice of cancellation or termination be given
by certified
3mail or facsimile machine transmission to the Wisconsin compensation rating
4bureau rather than to the department
and that the notice of cancellation or
5termination be given to the Wisconsin compensation rating bureau by certified mail,
6facsimile machine transmission, electronic mail, or other medium approved by the
7department after consultation with the Wisconsin compensation rating bureau.
8Whenever the Wisconsin compensation rating bureau receives such a notice of
9cancellation or termination it shall immediately notify the department of the notice
10of cancellation or termination.
AB669, s. 22
11Section
22. 102.32 (6) of the statutes is renumbered 102.32 (6) (a) and
12amended to read:
AB669,17,1613
102.32
(6) (a) If compensation is due for permanent disability following an
14injury or if death benefits are payable, payments shall be made to the employee or
15dependent on a monthly basis
. Compensation for permanent disability that results
16from an injury for which as provided in pars. (b) to (e).
AB669,17,22
17(b) Subject to par. (d), if the employer or the employer's insurer concedes
18liability
and that is for an injury that results in permanent disability and if the extent
19of the permanent disability can be determined based on a minimum permanent
20disability rating promulgated by the department by rule
, compensation for
21permanent disability shall begin within 30 days after the end of the employee's
22healing period
or.
AB669,18,13
23(c) Subject to par. (d), if the employer or the employer's insurer concedes
24liability for an injury that results in permanent disability, but the extent of the
25permanent disability cannot be determined without a medical report that provides
1the basis for a minimum permanent disability rating, compensation for permanent
2disability shall begin within 30 days after the employer or the employer's insurer
3receives a medical report that provides a
basis for a permanent disability rating
,
4whichever is later. Compensation for permanent disability that results from an
5injury for which the employer or the employer's insurer does not concede liability or
6that is based on a permanent disability rating that is above a minimum permanent
7disability rating promulgated by the department by rule shall begin within the later
8of those 30-day periods unless within the later of those 30-day periods the employer
9or insurer notifies the employee that the employer or insurer is requesting an
10examination under s. 102.13 (1) (a), in which case compensation for permanent
11disability shall begin within 30 days after the employer or insurer receives the report
12of the examination or within 90 days after the date of the request for the
13examination, whichever is earlier.
AB669,18,18
14(e) Payments for permanent disability, including payments based on minimum
15permanent disability ratings promulgated by the department by rule, shall continue
16on a monthly basis and shall accrue and be payable between intermittent periods of
17temporary disability so long as the employer or insurer knows the nature of the
18permanent disability.
AB669, s. 23
19Section
23. 102.32 (6) (d) of the statutes is created to read:
AB669,18,2320
102.32
(6) (d) The department shall promulgate rules for determining when
21compensation for permanent disability shall begin in cases in which the employer or
22the employer's insurer concedes liability, but disputes the extent of permanent
23disability.
AB669, s. 24
24Section
24. 102.32 (6m) of the statutes is amended to read:
AB669,19,6
1102.32
(6m) The department may direct an advance on a payment of unaccrued
2compensation
for permanent disability or death benefits if the department
3determines that the advance payment is in the best interest of the injured employee
4or the employee's dependents. In directing the advance, the department shall give
5the employer or the employer's insurer an interest credit against its liability. The
6credit shall be computed at 7%.
AB669, s. 25
7Section
25. 102.35 (1) of the statutes is amended to read:
AB669,19,158
102.35
(1) Every employer and every insurance company that fails to keep the
9records or to make the reports required by this chapter or that knowingly falsifies
10such records or makes false reports shall forfeit to the state not less than $10 nor
11more than $100 for each offense.
The department may waive or reduce a forfeiture
12imposed under this subsection if the employer or insurance company that violated
13this subsection requests a waiver or reduction of the forfeiture within 45 days after
14notice of the forfeiture is mailed to the employer or insurance company and shows
15that the violation was due to mistake or an absence of information.
AB669, s. 26
16Section
26. 102.42 (2) (a) of the statutes is amended to read:
AB669,20,417
102.42
(2) (a)
Where When the employer has notice of an injury and its
18relationship to the employment
, the employer shall offer to the injured employee his
19or her choice of any physician, chiropractor, psychologist, dentist
, physician
20assistant, advanced practice nurse prescriber, or podiatrist licensed to practice and
21practicing in this state for treatment of the injury. By mutual agreement, the
22employee may have the choice of any qualified practitioner not licensed in this state.
23In case of emergency, the employer may arrange for treatment without tendering a
24choice. After the emergency has passed the employee shall be given his or her choice
25of attending practitioner at the earliest opportunity. The employee has the right to
1a 2nd choice of attending practitioner on notice to the employer or its insurance
2carrier. Any further choice shall be by mutual agreement. Partners and clinics are
3deemed considered to be one practitioner. Treatment by a practitioner on referral
4from another practitioner is
deemed considered to be treatment by one practitioner.
AB669, s. 27
5Section
27. 102.44 (1) (intro.) of the statutes is amended to read:
AB669,20,156
102.44
(1) (intro.) Notwithstanding any other provision of this chapter, every
7employee who is receiving compensation under this chapter for permanent total
8disability or continuous temporary total disability more than 24 months after the
9date of injury resulting from an injury which occurred prior to
January 1, 1978, May
1013, 1980, shall receive supplemental benefits which shall be payable in the first
11instance by the employer or the employer's insurance carrier, or in the case of
12benefits payable to an employee under s. 102.66, shall be paid by the department out
13of the fund created under s. 102.65. These supplemental benefits shall be paid only
14for weeks of disability occurring after January 1,
1980 1982, and shall continue
15during the period of such total disability subsequent to that date.
AB669, s. 28
16Section
28. 102.44 (1) (a) of the statutes is amended to read:
AB669,20,2017
102.44
(1) (a) If such employee is receiving the maximum weekly benefits in
18effect at the time of the injury, the supplemental benefit for a week of disability
19occurring after January 1,
2002 2004, shall be an amount which, when added to the
20regular benefit established for the case, shall equal
$202 $233.
AB669, s. 29
21Section
29. 102.44 (1) (b) of the statutes is amended to read:
AB669,21,222
102.44
(1) (b) If such employee is receiving a weekly benefit which is less than
23the maximum benefit which was in effect on the date of the injury, the supplemental
24benefit for a week of disability occurring after January 1,
2002 2004, shall be an
25amount sufficient to bring the total weekly benefits to the same proportion of
$202
1$233 as the employee's weekly benefit bears to the maximum in effect on the date of
2injury.
AB669, s. 30
3Section
30. 102.49 (5) (a) of the statutes is amended to read:
AB669,21,54
102.49
(5) (a) In each case of injury resulting in death, the employer or insurer
5shall pay into the state treasury the sum of
$5,000
$10,000.
AB669, s. 31
6Section
31. 102.59 (2) of the statutes is amended to read:
AB669,21,117
102.59
(2) In the case of the loss or of the total impairment of a hand, arm, foot,
8leg
, or eye, the employer shall pay
$7,000 $10,000 into the state treasury. The
9payment shall be made in all such cases regardless of whether the employee
, or the
10employee's dependent or personal representative commences action against a 3rd
11party as provided in s. 102.29.
AB669, s. 32
12Section
32. 102.81 (1) (a) of the statutes is amended to read:
AB669,21,1913
102.81
(1) (a) If an employee of an uninsured employer, other than an employee
14who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for
15which the uninsured employer is liable under s. 102.03, the department or the
16department's reinsurer shall pay to
or on behalf of the injured employee or
to the
17employee's dependents an amount equal to the compensation owed them by the
18uninsured employer under this chapter except penalties and interest due under ss.
19102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57
, and 102.60.
AB669, s. 33
20Section
33. 102.82 (1) of the statutes is amended to read:
AB669,22,321
102.82
(1) An uninsured employer shall reimburse the department for any
22payment made under s. 102.81 (1) to
or on behalf of an employee of the uninsured
23employer or to an employee's dependents
and for any expenses paid by the
24department in administering the claim of the employee or dependents, less amounts
25repaid by the employee or dependents under s. 102.81 (4) (b). The reimbursement
1owed under this subsection is due within 30 days after the date on which the
2department notifies the uninsured employer that the reimbursement is owed.
3Interest shall accrue on amounts not paid when due at the rate of 1% per month.
AB669,22,55
(1)
Fee disputes and necessity of treatment disputes.
AB669,22,86
(a) The treatment of section 102.16 (2) (a) and (d) and (2m) (a) of the statutes
7first applies to fee disputes and necessity of treatment disputes submitted to the
8department of workforce development on the effective date of this paragraph.
AB669,22,129
(b) The treatment of section 102.16 (2) (f) and (2m) (e) of the statutes first
10applies to fee dispute and necessity of treatment dispute determinations made by the
11department of workforce development 30 days before the effective date of this
12paragraph.
AB669,22,1513
(2)
Payment of awards. The treatment of section 102.18 (1) (e) of the statutes
14first applies to orders awarding worker's compensation mailed to a party on the
15effective date of this subsection.
AB669,22,1916
(3)
Permanent disability payments. The renumbering and amendment of
17section 102.32 (6) of the statutes and the treatment of section 102.32 (6m) of the
18statutes first apply to compensation for permanent disability that becomes due on
19the effective date of this subsection.
AB669,22,2221
(1) This act takes effect on January 1, 2004, or on the day after publication,
22whichever is later.