AB758,27,84
3. The estimated unmodified annual premium assignable to the small client's
5business, including the business of all entities or organizations that are under
6common control or ownership with the small client, without regard to whether the
7small client has a divided workforce, which information the small client shall report
8to the employee leasing company.
AB758,27,99
4. The effective date of the employee leasing agreement.
AB758,27,1710
(c) Within 30 days after the effective date of coverage of a small client under
11a master policy under par. (a), the insurer or, if authorized by the insurer, the
12employee leasing company shall file proof of that coverage with the department.
13Coverage of a small client under a master policy becomes binding when the insurer
14or employee leasing company files proof of that coverage under this paragraph or
15provides notice of coverage to the small client, whichever occurs first. Nothing in this
16paragraph requires an employee leasing company or an employee of an employee
17leasing company to be licensed as an insurance intermediary under ch. 628.
AB758,27,2518
(d) If at any time the unmodified annual premium assignable to the business
19of a small client that is covered under a master policy under par. (a), including the
20business of all entities or organizations that are under common control or ownership
21with the small client, without regard to whether the small client has a divided
22workforce, exceeds the threshold below which employers are not experience rated
23under the standards and criteria under ss. 626.11 and 626.12, the employee leasing
24company shall notify the insurer and obtain coverage for the small client under sub.
25(3) or (4).
AB758,28,10
1(6) Divided workforce. (a) If a client notifies the department as provided
2under par. (b) of its intent to have a divided workforce, an insurer may issue a
3worker's compensation insurance policy covering only the leased employees of the
4client. An insurer that issues a policy covering only the leased employees of a client
5is not liable under s. 102.03 for any compensation payable under this chapter to an
6employee of the client who is not a leased employee unless the insurer also issues a
7policy covering that employee. A client that has a divided workforce shall insure its
8employees who are not leased employees in the voluntary market and may not insure
9those employees under the mandatory risk-sharing plan under s. 619.01 unless the
10leased employees of the client are covered under that plan.
AB758,28,1311
(b) A client that intends to have a divided workforce shall notify the department
12of that intent on a form prescribed by the department that includes all of the
13following:
AB758,28,1714
1. The names and mailing addresses of the client and the employee leasing
15company, the effective date of the employee leasing agreement, a description of the
16employees of the client who are not leased employees, and such other information as
17the department may require.
AB758,28,2218
2. Except as provided in par. (c), evidence that the employees of the client who
19are not leased employees are covered in the voluntary market. That evidence shall
20be in the form of a copy of the information page or declaration page of a worker's
21compensation insurance policy or binder evidencing placement of coverage in the
22voluntary market covering those employees.
AB758,29,423
3. An agreement by the client to assume full responsibility to immediately pay
24all compensation and other payments payable under this chapter as may be required
25by the department should a dispute arise between 2 or more insurers as to liability
1under this chapter for an injury sustained while a divided workforce plan is in effect,
2pending final resolution of that dispute. This subdivision does not preclude a client
3from insuring that responsibility in an insurer authorized to do business in this
4state.
AB758,29,135
(c) If the leased employees of a client are covered under a mandatory
6risk-sharing plan under s. 619.01, the client may, instead of providing the evidence
7required under par. (b) 2., provide evidence in its notification under par. (b) that both
8the leased employees of the client and the employees of the client who are not leased
9employees are covered under that mandatory risk-sharing plan. That evidence shall
10be in the form of a copy of the information page or declaration page of a worker's
11compensation insurance policy or binder evidencing placement of coverage under the
12mandatory risk-sharing plan covering both those leased employees and employees
13who are not leased employees.
AB758,29,1514
(d) When the department receives a notification under par. (b), the department
15shall immediately provide a copy of the notification to the bureau.
AB758,29,1916
(e) 1. If a client intends to terminate a divided workforce plan, the client shall
17notify the department of that intent on a form prescribed by the department.
18Termination of a divided workforce plan by a client is not effective until 10 days after
19notice of the termination is received by the department.
AB758,30,220
2. If an insurer cancels, terminates, or does not renew a worker's compensation
21insurance policy issued under a divided workforce plan that covers in the voluntary
22market the employees of a client who are not leased employees, the divided workforce
23plan is terminated on the effective date of the cancellation, termination, or
24nonrenewal of the policy, unless the client submits evidence under par. (c) that both
1the leased employees of the client and the employees of the client who are not leased
2employees are covered under a mandatory risk-sharing plan.
AB758,30,73
3. If an insurer cancels, terminates, or does not renew a worker's compensation
4insurance policy issued under a divided workforce plan that covers under the
5mandatory risk-sharing plan under s. 619.01 the employees of a client who are not
6leased employees, the divided workforce plan is terminated on the effective date of
7the cancellation, termination, or nonrenewal of the policy.
AB758,30,9
8(7) Filing of contracts. An insurer that provides a policy under sub. (3), (4),
9or (5) (a) shall file the policy as provided in s. 626.35.
AB758,30,14
10(8) Coverage of certain employees. (a) A sole proprietor, a partner, or a
11member of a limited liability company is not eligible for worker's compensation
12benefits under a policy issued under sub. (3), (4), or (5) (a) unless the sole proprietor,
13partner, or member elects coverage under s. 102.075 by an endorsement on the policy
14naming the sole proprietor, partner, or member who has so elected.
AB758,30,1815
(b) An officer of a corporation is covered for worker's compensation benefits
16under a policy issued under sub. (3), (4), or (5) (a), unless the officer elects under s.
17102.076 not to be covered under the policy by an endorsement on the policy naming
18the officer who has so elected.
AB758,30,2219
(c) An employee leasing company shall obtain a worker's compensation
20insurance policy that is separate from a policy covering the employees whom it leases
21to its clients to cover the employees of the employee leasing company who are not
22leased employees.
AB758,31,2
23(9) Premiums. (a) An insurer that issues a policy under sub. (3), (4), or (5) (a)
24may charge a premium for coverage under that policy that complies with the
1applicable classifications, rules, rates, and rating plans filed with and approved by
2the commissioner of insurance under s. 626.13.
AB758,31,73
(b) For a policy issued under sub. (3) in which an employee leasing company
4is the first named insured or for a master policy issued under sub. (4) or (5) (a), an
5insurer may obligate only the employee leasing company to pay premiums due for
6a client's coverage under the policy and may not recover any unpaid premiums due
7for that coverage from the client.
AB758,31,88
(c) This subsection does not prohibit an insurer from doing any of the following:
AB758,31,109
1. Collecting premiums or other charges due with respect to a client by means
10of list billing through an employee leasing company.
AB758,31,1211
2. Requiring an employee leasing company to maintain a letter of credit or
12other form of security to ensure payment of a premium.
AB758,31,1413
3. Issuing policies that have a common renewal date to all, or a class of all,
14clients of an employee leasing company.
AB758,31,1715
4. Grouping together the clients of an employee leasing company for the
16purpose of offering dividend eligibility and paying dividends to those clients in
17compliance with s. 631.51.
AB758,31,1918
5. Applying a discount to the premium charged with respect to a client as
19permitted by the bureau.
AB758,31,2520
6. Applying a retrospective rating option for determining the premium charged
21with respect to a client. No insurer or employee leasing company may impose on,
22allocate to, or collect from a client a penalty under a retrospective rating option
23arrangement. This subdivision does not prohibit an insurer from requiring an
24employee leasing company to pay a penalty under a retrospective rating option
25arrangement with respect to a client of the employee leasing company.
AB758,32,4
1(10) Cancellation, termination, and nonrenewal of policies. (a) 1. A policy
2issued under sub. (3) in which the employee leasing company is the first named
3insured and a policy issued under sub. (4) or (5) (a) may be cancelled, terminated, or
4nonrenewed as provided in subds. 2. to 4.
AB758,32,105
2. The insureds under a policy described in subd. 1. may cancel the policy
6during the policy period if both the employee leasing company and the client agree
7to the cancellation, the cancellation is confirmed by the employee leasing company
8promptly providing written confirmation of the cancellation to the client or by the
9client agreeing to the cancellation in writing, and the insurer provides written notice
10of the cancellation to the department as required under s. 102.31 (2) (a).
AB758,32,2411
3. Subject to subd. 4., an insurer may cancel, terminate, or nonrenew a policy
12described in subd. 1. by providing written notice of the cancellation, termination, or
13nonrenewal to the insured employee leasing company and to the department as
14required under s. 102.31 (2) (a) and by providing that notice to the insured client.
15The insurer is not required to state in the notice to the insured client the facts on
16which the decision to cancel, terminate, or nonrenew the policy is based. Except as
17provided in s. 102.31 (2) (b), cancellation or termination of a policy under this
18subdivision for any reason other than nonrenewal is not effective until 30 days after
19the insurer has provided written notice of the cancellation or termination to the
20insured employee leasing company, the insured client, and the department. Except
21as provided in s. 102.31 (2) (b), nonrenewal of a policy under this subdivision is not
22effective until 60 days after the insurer has provided written notice of the
23cancellation or termination to the insured employee leasing company, the insured
24client, and the department.
AB758,33,11
14. If an employee leasing company terminates an employee leasing agreement
2with a client in its entirety, an insurer may cancel or terminate a policy described in
3subd. 1. covering that client during the policy period by providing written notice of
4the cancellation or termination to the insured employee leasing company and the
5department as required under s. 102.31 (2) (a) and by providing that notice to the
6insured client. The insurer shall state in the notice to the insured client that the
7policy is being cancelled or terminated due to the termination of the employee leasing
8agreement. Except as provided in s. 102.31 (2) (b), cancellation or termination of a
9policy under this subdivision is not effective until 30 days after the insurer has
10provided written notice of the cancellation or termination to the insured employee
11leasing company, the insured client, and the department.
AB758,33,1312
(b) 1. A policy issued under sub. (3) in which the client is the first named insured
13may be cancelled, terminated, or nonrenewed as provided in subds. 2. to 4.
AB758,33,1914
2. The insureds under a policy described in subd. 1. may cancel the policy
15during the policy period if both the employee leasing company and the client agree
16to the cancellation, the cancellation is confirmed by the employee leasing company
17promptly providing written confirmation of the cancellation to the client or by the
18client agreeing to the cancellation in writing, and the insurer provides written notice
19of the cancellation to the department as required under s. 102.31 (2) (a).
AB758,34,720
3. An insurer may cancel, terminate, or nonrenew a policy described in subd.
211., including cancellation or termination of a policy providing continued coverage
22under subd. 4., by providing written notice of the cancellation, termination, or
23nonrenewal to the insured employee leasing company and to the department as
24required under s. 102.31 (2) (a) and by providing that notice to the insured client.
25Except as provided in s. 102.31 (2) (b), cancellation or termination of a policy under
1this subdivision for any reason other than nonrenewal is not effective until 30 days
2after the insurer has provided written notice of the cancellation or termination to the
3insured employee leasing company, the insured client, and the department. Except
4as provided in s. 102.31 (2) (b), nonrenewal of a policy under this subdivision is not
5effective until 60 days after the insurer has provided written notice of the
6cancellation or termination to the insured employee leasing company, the insured
7client, and the department.
AB758,34,128
4. If an employee leasing agreement is terminated during the policy period of
9a policy described in subd. 1., an insurer shall cancel the employee leasing company's
10coverage under the policy by an endorsement to the policy and coverage of the client
11under the policy shall continue as to all employees of the client unless the policy is
12cancelled or terminated as permitted under subd. 3.
AB758, s. 26
13Section
26. 102.32 (intro.) of the statutes is renumbered 102.32 (1m) (intro.)
14and amended to read:
AB758,34,2015
102.32
(1m) (intro.) In any case in which compensation payments
for an injury 16have extended or will extend over 6 months or more
from after the date of the injury
17(or at any time in death benefit cases) or in any case in which death benefits are
18payable, any party in interest may, in the discretion of the department, be discharged
19from, or compelled to guarantee, future compensation payments
as follows by doing
20any of the following:
AB758, s. 27
21Section
27. 102.32 (1) of the statutes is renumbered 102.32 (1m) (a) and
22amended to read:
AB758,35,223
102.32
(1m) (a)
By depositing Depositing the present value of the total unpaid
24compensation upon a
7% 5 percent interest discount basis with a credit union,
1savings bank, savings and loan association, bank
, or trust company designated by
2the department
; or.
AB758, s. 28
3Section
28. 102.32 (2) of the statutes is renumbered 102.32 (1m) (b) and
4amended to read:
AB758,35,75
102.32
(1m) (b)
By purchasing Purchasing an annuity
, within the limitations
6provided by law,
in such from an insurance company
granting annuities and licensed
7in this state
, as may be that is designated by the department
; or.
AB758, s. 29
8Section
29. 102.32 (3) of the statutes is renumbered 102.32 (1m) (c) and
9amended to read:
AB758,35,1110
102.32
(1m) (c)
By making Making payment in gross upon a
7% 5 percent 11interest discount basis to be approved by the department
; and.
AB758, s. 30
12Section
30. 102.32 (4) of the statutes is renumbered 102.32 (1m) (d) and
13amended to read:
AB758,36,214
102.32
(1m) (d) In cases
where in which the time for making payments or the
15amounts
thereof of payments cannot be definitely determined,
by furnishing a bond,
16or other security, satisfactory to the department for the payment of compensation as
17may be due or become due. The acceptance of the bond, or other security, and the form
18and sufficiency
thereof of the bond or other security, shall be subject to the approval
19of the department. If the employer or insurer is unable or fails to immediately
20procure the bond, then, in lieu
thereof of procuring the bond, deposit shall be made
21with a credit union, savings bank, savings and loan association, bank
, or trust
22company designated by the department, of the maximum amount that may
23reasonably become payable in these cases, to be determined by the department at
24amounts consistent with the extent of the injuries and the law. The bonds and
25deposits are to be reduced only to satisfy claims and withdrawn only after the claims
1which they are to guarantee are fully satisfied or liquidated under
sub. (1), (2) or (3);
2and par. (a), (b), or (c).
AB758, s. 31
3Section
31. 102.32 (5) of the statutes is amended to read:
AB758,36,104
102.32
(5) Any insured employer may, within the discretion of the department,
5compel the insurer to discharge, or to guarantee payment of, the employer's
6liabilities in any case described in
this section
sub. (1m) and thereby release the
7employer from compensation liability in that case, but if for any reason a bond
8furnished or deposit made under sub.
(4) (1m) (d) does not fully protect, the
9compensation insurer or insured employer, as the case may be, shall still be liable
10to the beneficiary of the bond or deposit.
AB758, s. 32
11Section
32. 102.32 (6m) of the statutes is amended to read:
AB758,36,1812
102.32
(6m) The department may direct an advance on a payment of unaccrued
13compensation for permanent disability or death benefits if the department
14determines that the advance payment is in the best interest of the injured employee
15or the employee's dependents. In directing the advance, the department shall give
16the employer or the employer's insurer an interest credit against its liability. The
17credit shall be computed at
7 5 percent. An injured employee or dependent may
18receive no more than 3 advance payments per calendar year.
AB758, s. 33
19Section
33. 102.42 (1) of the statutes is amended to read:
AB758,37,1620
102.42
(1) Treatment of employee. The employer shall supply such medical,
21surgical, chiropractic, psychological, podiatric, dental
, and hospital treatment,
22medicines, medical and surgical supplies, crutches, artificial members, appliances,
23and training in the use of artificial members and appliances, or, at the option of the
24employee,
if the employer has not filed notice as provided in sub. (4), Christian
25Science treatment in lieu of medical treatment, medicines
, and medical supplies, as
1may be reasonably required to cure and relieve from the effects of the injury, and to
2attain efficient use of artificial members and appliances, and in case of the
3employer's neglect or refusal seasonably to do so, or in emergency until it is
4practicable for the employee to give notice of injury, the employer shall be liable for
5the reasonable expense incurred by or on behalf of the employee in providing such
6treatment, medicines, supplies
, and training.
Where When the employer has
7knowledge of the injury and the necessity for treatment, the employer's failure to
8tender the necessary treatment, medicines, supplies
, and training constitutes such
9neglect or refusal. The employer shall also be liable for reasonable expense incurred
10by the employee for necessary treatment to cure and relieve the employee from the
11effects of occupational disease prior to the time that the employee knew or should
12have known the nature of his or her disability and its relation to employment, and
13as to such treatment subs. (2) and (3) shall not apply. The obligation to furnish such
14treatment and appliances shall continue as required to prevent further deterioration
15in the condition of the employee or to maintain the existing status of such condition
16whether or not healing is completed.
AB758, s. 34
17Section
34. 102.42 (4) of the statutes is amended to read:
AB758,37,2118
102.42
(4) Christian Science. Any The liability of an employer
may elect not
19to be subject to the provisions for for the cost of Christian Science treatment provided
20for in this section by filing written notice of such election with the department to an
21injured employee is limited to the usual and customary charge for that treatment.
AB758, s. 35
22Section
35. 102.425 (3) (a) 1. of the statutes is amended to read:
AB758,38,223
102.425
(3) (a) 1. The average wholesale price of the prescription drug as of the
24date on which the prescription drug is dispensed, as quoted in the
American Druggist
25Blue Book, published by Hearst Corporation, Inc. or its successor, or in the Drug
1Topics Red Book, published by Medical Economics Company, Inc. or its successor
,
2whichever is less.
AB758, s. 36
3Section
36. 102.425 (4) (b) of the statutes is amended to read:
AB758,38,154
102.425
(4) (b) If an employer
or insurer denies or disputes liability for the cost
5of a drug prescribed to an injured employee under sub. (2), the pharmacist or
6practitioner who dispensed the drug may collect, or bring an action to collect, from
7the injured employee the cost of the prescription drug dispensed, subject to the
8limitations specified in sub. (3) (a).
If an employer or insurer concedes liability for
9the cost of a drug prescribed to an injured employee under sub. (2), but disputes the
10reasonableness of the amount charged for the prescription drug, the employer or
11insurer shall provide notice under sub. (4m) (b) to the pharmacist or practitioner that
12the reasonableness of the amount charged is in dispute and the pharmacist or
13practitioner who dispensed the drug may not collect, or bring an action to collect,
14from the injured employee the cost of the prescription drug dispensed after receiving
15that notice.
AB758, s. 37
16Section
37. 102.425 (4m) of the statutes is created to read:
AB758,38,2217
102.425
(4m) Resolution of prescription drug charge disputes. (a) The
18department has jurisdiction under this subsection and s. 102.16 (1m) (c) and s.
19102.17 to resolve a dispute between a pharmacist or practitioner and an employer
20or insurer over the reasonableness of the amount charged for a prescription drug
21dispensed under sub. (2) for outpatient use by an injured employee who claims
22benefits under this chapter.
AB758,39,723
(b) An employer or insurer that disputes the reasonableness of the amount
24charged for a prescription drug dispensed under sub. (2) for outpatient use by an
25injured employee or the department under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18
1(1) (bg) 3. shall provide, within 30 days after receiving a completed bill for the
2prescription drug, notice to the pharmacist or practitioner that the charge is being
3disputed. After receiving notice under this paragraph or under sub. (4) (b) or s.
4102.16 (1m) (c) or 102.18 (1) (bg) 1. that a prescription drug charge is being disputed,
5a pharmacist or practitioner may not collect the disputed charge from, or bring an
6action for collection of the disputed charge against, the employee who received the
7prescription drug.
AB758,39,118
(c) A pharmacist or practitioner that receives notice under par. (b) that the
9reasonableness of the amount charged for a prescription drug dispensed under sub.
10(2) for outpatient use by an injured employee is in dispute shall file the dispute with
11the department within 6 months after receiving that notice.
AB758,39,1812
(d) The department shall deny payment of a prescription drug charge that the
13department determines under this subsection to be unreasonable. A pharmacist or
14practitioner and an employer or insurer that are parties to a dispute under this
15subsection over the reasonableness of a prescription drug charge are bound by the
16department's determination under this subsection on the reasonableness of the
17disputed charge, unless that determination is set aside on judicial review as provided
18in par. (e).
AB758,40,219
(e) Within 30 days after a determination under this subsection, the department
20may set aside, reverse, or modify the determination for any reason that the
21department considers sufficient. Within 60 days after a determination under this
22subsection, the department may set aside, reverse, or modify the determination on
23grounds of mistake. A pharmacist, practitioner, employer, or insurer that is
24aggrieved by a determination of the department under this subsection may seek
1judicial review of that determination in the same manner that compensation claims
2are reviewed under s. 102.23.
AB758, s. 38
3Section
38. 102.44 (1) (intro.) of the statutes is amended to read:
AB758,40,134
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,
1987 1993,
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,
1989 1995, and shall continue during the
13period of such total disability subsequent to that date.
AB758, s. 39
14Section
39. 102.44 (1) (a) of the statutes is amended to read:
AB758,40,1915
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, 2007 the effective date of this paragraph .... [revisor
18inserts date], shall be an amount which, when added to the regular benefit
19established for the case, shall equal
$338 $450.
AB758, s. 40
20Section
40. 102.44 (1) (b) of the statutes is amended to read:
AB758,41,221
102.44
(1) (b) If such employee is receiving a weekly benefit which is less than
22the maximum benefit which was in effect on the date of the injury, the supplemental
23benefit for a week of disability occurring after
January 1, 2007 the effective date of
24this paragraph .... [revisor inserts date], shall be an amount sufficient to bring the
1total weekly benefits to the same proportion of
$338 $450 as the employee's weekly
2benefit bears to the maximum in effect on the date of injury.
AB758, s. 41
3Section
41. 102.555 (1) of the statutes is renumbered 102.555 (1) (intro.) and
4amended to read:
AB758,41,75
102.555
(1) (intro.)
"Occupational deafness" means permanent partial or
6permanent total loss of hearing of one or both ears due to prolonged exposure to noise
7in employment. In this section:
AB758,41,8
8(a) "Noise" means sound capable of producing occupational deafness.
AB758,41,10
9(b) "Noisy employment" means employment in the performance of which an
10employee is subjected to noise.
AB758, s. 42
11Section
42. 102.555 (1) (c) of the statutes is created to read:
AB758,41,1412
102.555
(1) (c) "Occupational deafness" means permanent partial or
13permanent total loss of hearing of one or both ears due to prolonged exposure to noise
14in employment.
AB758, s. 43
15Section
43. 102.555 (12) of the statutes is created to read:
AB758,41,2016
102.555
(12) (a)
An employer or the department is not liable for the expense
17of any examination or test for hearing loss, any evaluation of such an exam or test,
18any medical treatment for improving or restoring hearing, or any hearing aid to
19relieve the effect of hearing loss unless it is determined that compensation for
20occupational deafness is payable under sub. (3), (4), or (11).
AB758,42,221
(b) For a case of occupational deafness in which the date of injury is on or after
22the effective date of this paragraph .... [revisor inserts date], this subsection applies
23beginning on that date. Notwithstanding ss. 102.03 (4) and 102.17 (4), for a case of
24occupational deafness in which the date of injury is before the effective date of this
1paragraph .... [revisor inserts date], this subsection applies beginning on the date
2that is 6 years after the effective date of this paragraph .... [revisor inserts date].
AB758, s. 44
3Section
44. 102.64 (2) of the statutes is amended to read:
AB758,42,144
102.64
(2) Upon request of the department of administration, the attorney
5general shall appear on behalf of the state in proceedings upon claims for
6compensation against the state. The department of justice shall represent the
7interests of the state in proceedings under s. 102.49, 102.59
, 102.60, or 102.66. The
8department of justice may compromise claims in
such
those proceedings, but the
9compromises are subject to review by the department of workforce development.
10Costs incurred by the department of justice in prosecuting or defending any claim for
11payment into or out of the work injury supplemental benefit fund under s. 102.65,
12including expert witness and witness fees but not including attorney fees or attorney
13travel expenses for services performed under this subsection, shall be paid from the
14work injury supplemental benefit fund.
AB758, s. 45
15Section
45. 102.65 (3) of the statutes is repealed.
AB758, s. 46
16Section
46. 102.80 (3) (ag) of the statutes is amended to read:
AB758,43,417
102.80
(3) (ag) The secretary shall monitor the cash balance in, and incurred
18losses to, the uninsured employers fund using generally accepted actuarial
19principles. If the secretary determines that the expected ultimate losses to the
20uninsured employers fund on known claims
and on incurred, but not reported, claims 21exceed
85% 85 percent of the cash balance in the uninsured employers fund, the
22secretary shall consult with the council on worker's compensation. If the secretary,
23after consulting with the council on worker's compensation, determines that there
24is a reasonable likelihood that the cash balance in the uninsured employers fund may
25become inadequate to fund all claims under s. 102.81 (1), the secretary shall file with
1the secretary of administration a certificate attesting that the cash balance in the
2uninsured employer's fund is likely to become inadequate to fund all claims under
3s. 102.81 (1) and specifying a date after which no new claims under s. 102.81 (1) will
4be paid.
AB758, s. 47
5Section
47. 102.83 (1) (a) 1. of the statutes is amended to read:
AB758,43,106
102.83
(1) (a) 1. If an uninsured employer
or any individual who is found
7personally liable under sub. (8) fails to pay to the department any amount owed to
8the department under s. 102.82 and no proceeding for review is pending, the
9department or any authorized representative may issue a warrant directed to the
10clerk of circuit court for any county of the state.
AB758, s. 48
11Section
48. 102.83 (1) (a) 2. of the statutes is amended to read:
AB758,43,1512
102.83
(1) (a) 2. The clerk of circuit court shall enter in the judgment and lien
13docket the name of the uninsured employer
or the individual mentioned in the
14warrant and the amount of the payments, interest, costs
, and other fees for which
15the warrant is issued and the date when the warrant is entered.
AB758, s. 49
16Section
49. 102.83 (1) (a) 3. of the statutes is amended to read:
AB758,43,2317
102.83
(1) (a) 3. A warrant entered under subd. 2. shall be considered in all
18respects as a final judgment constituting a perfected lien on the
uninsured
19employer's right, title
, and interest
of the uninsured employer or the individual in
20all of
the uninsured employer's that person's real and personal property located in
21the county where the warrant is entered.
The lien is effective when the department
22issues the warrant under subd. 1. and shall continue until the amount owed,
23including interest, costs, and other fees to the date of payment, is paid.