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25deposits are to be reduced only to satisfy claims and withdrawn only after the claims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.
AB758, s. 50 24Section 50. 102.83 (1) (a) 4. of the statutes is amended to read:
AB758,44,10
1102.83 (1) (a) 4. After the warrant is entered in the judgment and lien docket,
2the department or any authorized representative may file an execution with the
3clerk of circuit court for filing by the clerk of circuit court with the sheriff of any
4county where real or personal property of the uninsured employer or the individual
5is found, commanding the sheriff to levy upon and sell sufficient real and personal
6property of the uninsured employer or the individual to pay the amount stated in the
7warrant in the same manner as upon an execution against property issued upon the
8judgment of a court of record, and to return the warrant to the department and pay
9to it the money collected by virtue of the warrant within 60 days after receipt of the
10warrant.
AB758, s. 51 11Section 51. 102.83 (1) (b) of the statutes is amended to read:
AB758,44,2012 102.83 (1) (b) The clerk of circuit court shall accept and enter the warrant in
13the judgment and lien docket without prepayment of any fee, but the clerk of circuit
14court shall submit a statement of the proper fee semiannually to the department
15covering the periods from January 1 to June 30 and July 1 to December 31 unless a
16different billing period is agreed to between the clerk and the department. The fees
17shall then be paid by the department, but the fees provided by s. 814.61 (5) for
18entering the warrants shall be added to the amount of the warrant and collected from
19the uninsured employer or the individual when satisfaction or release is presented
20for entry.
AB758, s. 52 21Section 52. 102.83 (2) of the statutes is amended to read:
AB758,45,522 102.83 (2) The department may issue a warrant of like terms, force, and effect
23to any employee or other agent of the department, who may file a copy of the warrant
24with the clerk of circuit court of any county in the state, and thereupon the clerk of
25circuit court shall enter the warrant in the judgment and lien docket and the warrant

1shall become a lien in the same manner, and with the same force and effect, as
2provided in sub. (1). In the execution of the warrant, the employee or other agent
3shall have all the powers conferred by law upon a sheriff, but may not collect from
4the uninsured employer or the individual any fee or charge for the execution of the
5warrant in excess of the actual expenses paid in the performance of his or her duty.
AB758, s. 53 6Section 53. 102.83 (3) of the statutes is amended to read:
AB758,45,117 102.83 (3) If a warrant is returned not satisfied in full, the department shall
8have the same remedies to enforce the amount due for payments, interest, costs, and
9other fees as if the department had recovered judgment against the uninsured
10employer or the individual and an execution had been returned wholly or partially
11not satisfied.
AB758, s. 54 12Section 54. 102.83 (4) of the statutes is amended to read:
AB758,45,1813 102.83 (4) When the payments, interest, costs, and other fees specified in a
14warrant have been paid to the department, the department shall issue a satisfaction
15of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall
16immediately enter the satisfaction of the judgment in the judgment and lien docket.
17The department shall send a copy of the satisfaction to the uninsured employer or
18the individual
.
AB758, s. 55 19Section 55. 102.83 (8) of the statutes is amended to read:
AB758,46,720 102.83 (8) Any officer or director of an uninsured employer that is a corporation
21and any member or manager of an uninsured employer that is a limited liability
22company may be found individually and jointly and severally liable for the payments,
23interest, costs and other fees specified in a warrant under this section if after proper
24proceedings for the collection of those amounts from the corporation or limited
25liability company, as provided in this section, the corporation or limited liability

1company is unable to pay those amounts to the department. The personal liability
2of the officers and directors of a corporation or of the members and managers of a
3limited liability company as provided in this subsection is an independent obligation,
4survives dissolution, reorganization, bankruptcy, receivership, assignment for the
5benefit of creditors, judicially confirmed extension or composition, or any analogous
6situation of the corporation or limited liability company, and shall be set forth in a
7determination or decision issued under s. 102.82.
AB758, s. 56 8Section 56. 102.835 (1) (ad) of the statutes is created to read:
AB758,46,109 102.835 (1) (ad) "Debtor" means an uninsured employer or an individual found
10personally liable under s. 102.83 (8) who owes the department a debt.
AB758, s. 57 11Section 57. 102.835 (2) of the statutes is amended to read:
AB758,46,1912 102.835 (2) Powers of levy and distraint. If any uninsured employer debtor
13who is liable for any debt fails to pay that debt after the department has made
14demand for payment, the department may collect that debt and the expenses of the
15levy by levy upon any property belonging to the uninsured employer debtor. If the
16value of any property that has been levied upon under this section is not sufficient
17to satisfy the claim of the department, the department may levy upon any additional
18property of the uninsured employer debtor until the debt and expenses of the levy
19are fully paid.
AB758, s. 58 20Section 58. 102.835 (4) (a) of the statutes is amended to read:
AB758,46,2321 102.835 (4) (a) Any uninsured employer debtor who fails to surrender any
22property or rights to property that is subject to levy, upon demand by the department,
23is subject to proceedings to enforce the amount of the levy.
AB758, s. 59 24Section 59. 102.835 (4) (c) of the statutes is amended to read:
AB758,47,5
1102.835 (4) (c) When a 3rd party surrenders the property or rights to the
2property on demand of the department or discharges the obligation to the
3department for which the levy is made, the 3rd party is discharged from any
4obligation or liability to the uninsured employer debtor with respect to the property
5or rights to the property arising from the surrender or payment to the department.
AB758, s. 60 6Section 60. 102.835 (5) (a) of the statutes is amended to read:
AB758,47,147 102.835 (5) (a) If the department has levied upon property, any person, other
8than the uninsured employer debtor who is liable to pay the debt out of which the levy
9arose, who claims an interest in or lien on that property, and who claims that that
10property was wrongfully levied upon may bring a civil action against the state in the
11circuit court for Dane County. That action may be brought whether or not that
12property has been surrendered to the department. The court may grant only the
13relief under par. (b). No other action to question the validity of or to restrain or enjoin
14a levy by the department may be maintained.
AB758, s. 61 15Section 61. 102.835 (7) (a) of the statutes is amended to read:
AB758,47,1916 102.835 (7) (a) The department shall apply all money obtained under this
17section first against the expenses of the proceedings and then against the liability
18in respect to which the levy was made and any other liability owed to the department
19by the uninsured employer debtor.
AB758, s. 62 20Section 62. 102.835 (12) of the statutes is amended to read:
AB758,48,921 102.835 (12) Notice before levy. If no proceeding for review permitted by law
22is pending, the department shall make a demand to the uninsured employer debtor
23for payment of the debt which is subject to levy and give notice that the department
24may pursue legal action for collection of the debt against the uninsured employer
25debtor. The department shall make the demand for payment and give the notice at

1least 10 days prior to the levy, personally or by any type of mail service which requires
2a signature of acceptance, at the address of the uninsured employer debtor as it
3appears on the records of the department. The demand for payment and notice shall
4include a statement of the amount of the debt, including costs and fees, and the name
5of the uninsured employer debtor who is liable for the debt. The uninsured
6employer's
debtor's failure to accept or receive the notice does not prevent the
7department from making the levy. Notice prior to levy is not required for a
8subsequent levy on any debt of the same uninsured employer debtor within one year
9after the date of service of the original levy.
AB758, s. 63 10Section 63. 102.835 (13) (a) of the statutes is amended to read:
AB758,48,1311 102.835 (13) (a) The department shall serve the levy upon the uninsured
12employer
debtor and 3rd party by personal service or by any type of mail service
13which requires a signature of acceptance.
AB758, s. 64 14Section 64. 102.835 (13) (b) of the statutes is amended to read:
AB758,48,2215 102.835 (13) (b) Personal service shall be made upon an individual, other than
16a minor or incapacitated person, by delivering a copy of the levy to the uninsured
17employer
debtor or 3rd party personally; by leaving a copy of the levy at the
18uninsured employer's debtor's dwelling or usual place of abode with some person of
19suitable age and discretion residing there; by leaving a copy of the levy at the
20business establishment of the uninsured employer debtor with an officer or employee
21of the uninsured employer debtor; or by delivering a copy of the levy to an agent
22authorized by law to receive service of process.
AB758, s. 65 23Section 65. 102.835 (13) (d) of the statutes is amended to read:
AB758,48,2524 102.835 (13) (d) The uninsured employer's or 3rd party's failure of a debtor or
253rd party
to accept or receive service of the levy does not invalidate the levy.
AB758, s. 66
1Section 66. 102.835 (14) of the statutes is amended to read:
AB758,49,82 102.835 (14) Answer by 3rd party. Within 20 days after the service of the levy
3upon a 3rd party, the 3rd party shall file an answer with the department stating
4whether the 3rd party is in possession of or obligated with respect to property or
5rights to property of the uninsured employer debtor, including a description of the
6property or the rights to property and the nature and dollar amount of any such
7obligation. If the 3rd party is an insurance company, the insurance company shall
8file an answer with the department within 45 days after the service of the levy.
AB758, s. 67 9Section 67. 102.835 (19) of the statutes is amended to read:
AB758,49,1510 102.835 (19) Hearing. Any uninsured employer debtor who is subject to a levy
11proceeding made by the department may request a hearing under s. 102.17 to review
12the levy proceeding. The hearing is limited to questions of prior payment of the debt
13that the department is proceeding against, and mistaken identity of the uninsured
14employer
debtor. The levy is not stayed pending the hearing in any case in which
15property is secured through the levy.
AB758, s. 68 16Section 68. 626.35 (1) of the statutes is amended to read:
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