SB474, s. 59 16Section 59. 102.61 (1m) (c) of the statutes is amended to read:
SB474,36,217 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost
18of any services provided for an employee by a private rehabilitation counselor under
19par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
20and by rule, if the private rehabilitation counselor determines that rehabilitative
21training is necessary, the reasonable cost of the rehabilitative training program
22recommended by that counselor, including the cost of tuition, fees, books, and
23maintenance, and travel expenses at the same rate as is provided for state officers
24and employees under s. 20.916 (8)
. Notwithstanding that the department may
25authorize under s. 102.43 (5) a rehabilitative training program that lasts longer than

180 weeks, a rehabilitative training program that lasts 80 weeks or less is presumed
2to be reasonable.
SB474, s. 60 3Section 60. 102.62 of the statutes is amended to read:
SB474,36,23 4102.62 Primary and secondary liability; unchangeable. In case of
5liability for the increased compensation or increased death benefits provided for by
6under s. 102.57, or included in s. or 102.60, the liability of the employer shall be
7primary and the liability of the insurance carrier shall be secondary. In case If
8proceedings are had before the department for the recovery of such increased
9compensation or increased death benefits
that liability, the department shall set
10forth in its award the amount and order of liability as herein provided in this section.
11Execution shall not be issued against the insurance carrier to satisfy any judgment
12covering such increased compensation or increased death benefits that liability until
13execution has first been issued against the employer and has been returned
14unsatisfied as to any part thereof of that liability. Any provision in any insurance
15policy undertaking to guarantee primary liability or to avoid secondary liability for
16such increased compensation or increased death benefits shall be a liability under
17s. 102.57 or 102.60 is
void. In case If the employer shall have has been adjudged
18bankrupt, or have has made an assignment for the benefit of creditors, or if the
19employer, other than an individual, have has gone out of business or have has been
20dissolved, or if the employer is a corporation, and its charter have has been forfeited
21or revoked, the insurer shall be liable for the payment of increased compensation and
22death benefits
that liability without judgment or execution against the employer, but
23without altering the primary liability of the employer.
SB474, s. 61 24Section 61. 102.65 (1) of the statutes is amended to read:
SB474,37,7
1102.65 (1) The moneys payable to the state treasury under ss. 102.35 (1),
2102.47, 102.49 and, 102.59, and 102.60, together with all accrued interest on those
3moneys, and all interest payments received under s. 102.75 (2)
, shall constitute a
4fund to be known as the "Work Injury Supplemental Benefit Fund" separate
5nonlapsible fund designated as the work injury supplemental benefit fund. Moneys
6in the fund may be expended only as provided in s. 20.445 (1) (t) and may not be used
7for any other purpose of the state
.
SB474, s. 62 8Section 62. 102.66 (1) of the statutes is amended to read:
SB474,37,239 102.66 (1) In the event that there is an otherwise meritorious claim for
10occupational disease, a traumatic injury resulting in the loss or total impairment of
11a hand or any part of the rest of the arm proximal to the hand or of a foot or any part
12of the rest of the leg proximal to the foot, any loss of vision, any permanent brain
13injury, or any injury causing the need for a total or partial knee or hip replacement,

14and the claim is barred solely by the statute of limitations under s. 102.17 (4), the
15department may, in lieu of worker's compensation benefits, direct payment from the
16work injury supplemental benefit fund under s. 102.65 of such compensation and
17such medical expenses as would otherwise be due, based on the date of injury, to or
18on behalf of the injured employee. The benefits shall be supplemental, to the extent
19of compensation liability, to any disability or medical benefits payable from any
20group insurance policy whose premium is paid in whole or in part by any employer,
21or under any federal insurance or benefit program providing disability or medical
22benefits. Death benefits payable under any such group policy do not limit the
23benefits payable under this section.
SB474, s. 63 24Section 63. 102.66 (2) of the statutes is amended to read:
SB474,38,8
1102.66 (2) In the case of occupational disease, a traumatic injury resulting in
2the loss or total impairment of a hand or any part of the rest of the arm proximal to
3the hand or of a foot or any part of the rest of the leg proximal to the foot, any loss
4of vision, any permanent brain injury, or any injury causing the need for a total or
5partial knee or hip replacement,
appropriate benefits may be awarded from the work
6injury supplemental benefit fund when the status or existence of the employer or its
7insurance carrier cannot be determined or when there is otherwise no adequate
8remedy, subject to the limitations contained in sub. (1).
SB474, s. 64 9Section 64. 102.75 (1m) of the statutes is created to read:
SB474,38,1410 102.75 (1m) The moneys collected under sub. (1) and under ss. 102.28 (2) and
11102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible
12fund designated as the worker's compensation operations fund. Moneys in the fund
13may be expended only as provided in s. 20.445 (1) (ra), (rb), and (rp) and may not be
14used for any other purpose of the state.
SB474, s. 65 15Section 65. 102.75 (2) of the statutes is amended to read:
SB474,38,2416 102.75 (2) The department shall require that payments for costs and expenses
17for each fiscal year shall be made on such dates as the department prescribes by each
18licensed worker's compensation insurance carrier and employer exempted under s.
19102.28 (2). Each such payment shall be a sum equal to a proportionate share of the
20annual costs and expenses assessed upon each carrier and employer as estimated by
21the department. Interest shall accrue on amounts not paid within 90 days after the
22date prescribed by the department under this subsection at the rate of 1 percent per
23month. All interest payments received under this subsection shall be deposited in
24the fund established under s. 102.65.
SB474, s. 66 25Section 66. 102.75 (4) of the statutes is amended to read:
SB474,39,5
1102.75 (4) From the appropriation under s. 20.445 (1) (ha) (ra), the department
2shall allocate the amounts that it collects in application fees from employers
3applying for exemption under s. 102.28 (2) and the annual amount that it collects
4from employers that have been exempted under s. 102.28 (2) to fund the activities
5of the department under s. 102.28 (2) (b) and (c).
SB474, s. 67 6Section 67. 102.80 (1m) of the statutes is created to read:
SB474,39,107 102.80 (1m) The moneys collected or received under sub. (1), together with all
8accrued interest, shall constitute a separate nonlapsible fund designated as the
9uninsured employers fund. Moneys in the fund may be expended only as provided
10in s. 20.445 (1) (sm) and may not be used for any other purpose of the state.
SB474, s. 68 11Section 68. 102.81 (1) (a) of the statutes is amended to read:
SB474,39,1812 102.81 (1) (a) If an employee of an uninsured employer, other than an employee
13who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for
14which the uninsured employer is liable under s. 102.03, the department or the
15department's reinsurer shall pay to or on behalf of the injured employee or to the
16employee's dependents an amount equal to the compensation owed them by the
17uninsured employer under this chapter except penalties and interest due under ss.
18102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60 (6).
SB474, s. 69 19Section 69. 102.81 (2) of the statutes is amended to read:
SB474,40,620 102.81 (2) The department may retain an insurance carrier or insurance
21service organization to process, investigate and pay claims under this section and
22may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
23do business in this state in an amount that the secretary determines is necessary for
24the sound operation of the uninsured employers fund. In cases involving disputed
25claims, the department may retain an attorney to represent the interests of the

1uninsured employers fund and to make appearances on behalf of the uninsured
2employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 20.930 and
3subch. IV of ch. 16 do not apply to an attorney hired under this subsection. The
4charges for the services retained under this subsection shall be paid from the
5appropriation under s. 20.445 (1) (hp) (rp). The cost of any reinsurance obtained
6under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).
SB474, s. 70 7Section 70. 102.87 (4) of the statutes is amended to read:
SB474,40,148 102.87 (4) A defendant may make a stipulation of no contest by submitting a
9deposit and a stipulation in the manner provided by sub. (3) before the court
10appearance date. The signed stipulation is a plea of no contest and submission to a
11forfeiture, plus the penalty assessment, jail assessment, crime laboratories and drug
12law enforcement assessment, any applicable uninsured employers assessment and

13costs, fees, and surcharges imposed under ch. 814, not to exceed the amount of the
14deposit.
SB474, s. 71 15Section 71. 103.78 (4) of the statutes is amended to read:
SB474,40,1916 103.78 (4) Treble the amount of compensation otherwise recoverable as
17provided in s. 102.60 (4) and wage
Wage loss as provided in s. 102.60 (6) are is payable
18to a minor injured during the course of the minor's employment or appearance in
19violation of this section.
SB474, s. 72 20Section 72. 814.75 (24m) of the statutes is created to read:
SB474,40,2221 814.75 (24m) The work injury supplemental benefit fund surcharge under s.
22102.35 (1).
SB474, s. 73 23Section 73 . Nonstatutory provisions.
SB474,41,524 (1) Permanent partial disability maximum compensation rate.
25Notwithstanding section 102.03 (4) of the statutes, the average weekly earnings for

1permanent partial disability for injuries occurring on or after January 1, 2006, and
2before the effective date of this subsection .... [revisor inserts date], shall be not more
3than $363, resulting in a maximum compensation rate of $242. If the treatment of
4section 102.11 (1) (intro.) of the statutes takes effect on January 1, 2006, this
5subsection does not apply.
SB474, s. 74 6Section 74. Initial applicability.
SB474,41,97 (1) Reports considered substantial evidence. The treatment of section 102.17
8(1) (d) 4. and (h) of the statutes first applies to a disputed claim in which a final
9hearing is held on the effective date of this subsection.
SB474,41,1210 (2) Traumatic injuries. The treatment of sections 102.17 (4) and 102.66 (1) and
11(2) of the statutes first applies to benefits or treatment expenses that are payable on
12the effective date of this subsection, regardless of the date of injury.
SB474,41,1513 (3) Malice or bad faith. The treatment of section 102.18 (1) (bp) of the statutes
14first applies to events or occurrences of malice or bad faith that take place of the
15effective date of this subsection.
SB474,41,1816 (4) Compensation pending judicial review. The treatment of section 102.23 (5)
17of the statutes first applies to actions for judicial review that are commenced under
18section 102.23 (1) of the statutes on the effective date of this subsection.
SB474,41,1919 (5) Professional employer organizations and employee leasing organization.
SB474,41,2220 (a) The treatment of section 102.31 (2m) (a) of the statutes first applies to an
21employee leasing agreement whose effective date is 10 working days before the
22effective date of this paragraph.
SB474,41,2523 (b) The treatment of section 102.31 (2m) (b) and (c) of the statutes first applies
24to an employee leasing agreement whose termination date is 30 days after the
25effective date of this paragraph.
SB474,42,3
1(6) Permanent disability payments. The treatment of section 102.32 (6) (b) of
2the statutes first applies to compensation for permanent disability that becomes due
3on the effective date of this subsection.
SB474,42,64 (7) Work injury supplemental benefits fund surcharges and assessments.
5The treatment of sections 102.35 (1) and 102.75 (2) of the statutes first applies to
6surcharges and assessments imposed on the effective date of this subsection.
SB474,42,97 (8) Travel for treatment or rehabilitation. The treatment of sections 102.42
8(2) (b) and 102.61 (1) and (1m) (c) of the statutes first applies to travel to obtain
9treatment or rehabilitation that takes place on the effective date of this subsection.
SB474,42,1210 (9) Prescription drug treatment. The treatment of section 102.425 of the
11statutes first applies to a drug, as defined in section 102.425 (1) (b) of the statutes,
12as created by this act, that is prescribed on the effective date of this subsection.
SB474, s. 75 13Section 75. Effective dates. This act takes effect on January 1, 2006, or on
14the day after publication, whichever is later, except as follows:
SB474,42,1715 (1) Supplemental benefits. The treatment of section 102.44 (1) (intro.) (by
16Section 38) of the statutes and the repeal and recreation of section 102.44 (1) (a) and
17(b) of the statutes take effect on January 1, 2007.
SB474,42,1918 (2) Permanent partial disability maximum compensation rate. Section 73 (1 )
19of this act takes effect retroactively to January 1, 2006.
SB474,42,2020 (End)
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