AB758: Bill Text

AB758, s. 30 Section 30. 102.32 (4) of the statutes is renumbered 102.32 (1m) (d) and amended to read:

AB758,36,2 102.32 (1m) (d) In cases where in which the time for making payments or the amounts thereof of payments cannot be definitely determined, by furnishing a bond, or other security, satisfactory to the department for the payment of compensation as may be due or become due. The acceptance of the bond, or other security, and the form and sufficiency thereof of the bond or other security, shall be subject to the approval of the department. If the employer or insurer is unable or fails to immediately procure the bond, then, in lieu thereof of procuring the bond, deposit shall be made with a credit union, savings bank, savings and loan association, bank , or trust company designated by the department, of the maximum amount that may reasonably become payable in these cases, to be determined by the department at amounts consistent with the extent of the injuries and the law. The bonds and deposits are to be reduced only to satisfy claims and withdrawn only after the claims which they are to guarantee are fully satisfied or liquidated under sub. (1), (2) or (3); and par. (a), (b), or (c).

AB758, s. 31 Section 31. 102.32 (5) of the statutes is amended to read:

AB758,36,10 102.32 (5) Any insured employer may, within the discretion of the department, compel the insurer to discharge, or to guarantee payment of, the employer's liabilities in any case described in this section sub. (1m) and thereby release the employer from compensation liability in that case, but if for any reason a bond furnished or deposit made under sub. (4) (1m) (d) does not fully protect, the compensation insurer or insured employer, as the case may be, shall still be liable to the beneficiary of the bond or deposit.

AB758, s. 32 Section 32. 102.32 (6m) of the statutes is amended to read:

AB758,36,18 102.32 (6m) The department may direct an advance on a payment of unaccrued compensation for permanent disability or death benefits if the department determines that the advance payment is in the best interest of the injured employee or the employee's dependents. In directing the advance, the department shall give the employer or the employer's insurer an interest credit against its liability. The credit shall be computed at 7 5 percent. An injured employee or dependent may receive no more than 3 advance payments per calendar year.

AB758, s. 33 Section 33. 102.42 (1) of the statutes is amended to read:

AB758,37,16 102.42 (1) Treatment of employee. The employer shall supply such medical, surgical, chiropractic, psychological, podiatric, dental, and hospital treatment, medicines, medical and surgical supplies, crutches, artificial members, appliances, and training in the use of artificial members and appliances, or, at the option of the employee, if the employer has not filed notice as provided in sub. (4), Christian Science treatment in lieu of medical treatment, medicines, and medical supplies, as may be reasonably required to cure and relieve from the effects of the injury, and to attain efficient use of artificial members and appliances, and in case of the employer's neglect or refusal seasonably to do so, or in emergency until it is practicable for the employee to give notice of injury, the employer shall be liable for the reasonable expense incurred by or on behalf of the employee in providing such treatment, medicines, supplies, and training. Where When the employer has knowledge of the injury and the necessity for treatment, the employer's failure to tender the necessary treatment, medicines, supplies, and training constitutes such neglect or refusal. The employer shall also be liable for reasonable expense incurred by the employee for necessary treatment to cure and relieve the employee from the effects of occupational disease prior to the time that the employee knew or should have known the nature of his or her disability and its relation to employment, and as to such treatment subs. (2) and (3) shall not apply. The obligation to furnish such treatment and appliances shall continue as required to prevent further deterioration in the condition of the employee or to maintain the existing status of such condition whether or not healing is completed.

AB758, s. 34 Section 34. 102.42 (4) of the statutes is amended to read:

AB758,37,21 102.42 (4) Christian Science. Any The liability of an employer may elect not to be subject to the provisions for for the cost of Christian Science treatment provided for in this section by filing written notice of such election with the department to an injured employee is limited to the usual and customary charge for that treatment.

AB758, s. 35 Section 35. 102.425 (3) (a) 1. of the statutes is amended to read:

AB758,38,2 102.425 (3) (a) 1. The average wholesale price of the prescription drug as of the date on which the prescription drug is dispensed, as quoted in the American Druggist Blue Book, published by Hearst Corporation, Inc. or its successor, or in the Drug Topics Red Book, published by Medical Economics Company, Inc. or its successor, whichever is less.

AB758, s. 36 Section 36. 102.425 (4) (b) of the statutes is amended to read:

AB758,38,15 102.425 (4) (b) If an employer or insurer denies or disputes liability for the cost of a drug prescribed to an injured employee under sub. (2), the pharmacist or practitioner who dispensed the drug may collect, or bring an action to collect, from the injured employee the cost of the prescription drug dispensed, subject to the limitations specified in sub. (3) (a). If an employer or insurer concedes liability for the cost of a drug prescribed to an injured employee under sub. (2), but disputes the reasonableness of the amount charged for the prescription drug, the employer or insurer shall provide notice under sub. (4m) (b) to the pharmacist or practitioner that the reasonableness of the amount charged is in dispute and the pharmacist or practitioner who dispensed the drug may not collect, or bring an action to collect, from the injured employee the cost of the prescription drug dispensed after receiving that notice.

AB758, s. 37 Section 37. 102.425 (4m) of the statutes is created to read:

AB758,38,22 102.425 (4m) Resolution of prescription drug charge disputes. (a) The department has jurisdiction under this subsection and s. 102.16 (1m) (c) and s. 102.17 to resolve a dispute between a pharmacist or practitioner and an employer or insurer over the reasonableness of the amount charged for a prescription drug dispensed under sub. (2) for outpatient use by an injured employee who claims benefits under this chapter.

AB758,39,7 (b) An employer or insurer that disputes the reasonableness of the amount charged for a prescription drug dispensed under sub. (2) for outpatient use by an injured employee or the department under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1) (bg) 3. shall provide, within 30 days after receiving a completed bill for the prescription drug, notice to the pharmacist or practitioner that the charge is being disputed. After receiving notice under this paragraph or under sub. (4) (b) or s. 102.16 (1m) (c) or 102.18 (1) (bg) 1. that a prescription drug charge is being disputed, a pharmacist or practitioner may not collect the disputed charge from, or bring an action for collection of the disputed charge against, the employee who received the prescription drug.

AB758,39,11 (c) A pharmacist or practitioner that receives notice under par. (b) that the reasonableness of the amount charged for a prescription drug dispensed under sub. (2) for outpatient use by an injured employee is in dispute shall file the dispute with the department within 6 months after receiving that notice.

AB758,39,18 (d) The department shall deny payment of a prescription drug charge that the department determines under this subsection to be unreasonable. A pharmacist or practitioner and an employer or insurer that are parties to a dispute under this subsection over the reasonableness of a prescription drug charge are bound by the department's determination under this subsection on the reasonableness of the disputed charge, unless that determination is set aside on judicial review as provided in par. (e).

AB758,40,2 (e) Within 30 days after a determination under this subsection, the department may set aside, reverse, or modify the determination for any reason that the department considers sufficient. Within 60 days after a determination under this subsection, the department may set aside, reverse, or modify the determination on grounds of mistake. A pharmacist, practitioner, employer, or insurer that is aggrieved by a determination of the department under this subsection may seek judicial review of that determination in the same manner that compensation claims are reviewed under s. 102.23.

AB758, s. 38 Section 38. 102.44 (1) (intro.) of the statutes is amended to read:

AB758,40,13 102.44 (1) (intro.) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury which occurred prior to January 1, 1987 1993, shall receive supplemental benefits which shall be payable in the first instance by the employer or the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department out of the fund created under s. 102.65. These supplemental benefits shall be paid only for weeks of disability occurring after January 1, 1989 1995, and shall continue during the period of such total disability subsequent to that date.

AB758, s. 39 Section 39. 102.44 (1) (a) of the statutes is amended to read:

AB758,40,19 102.44 (1) (a) If such employee is receiving the maximum weekly benefits in effect at the time of the injury, the supplemental benefit for a week of disability occurring after January 1, 2007 the effective date of this paragraph .... [revisor inserts date], shall be an amount which, when added to the regular benefit established for the case, shall equal $338 $450.

AB758, s. 40 Section 40. 102.44 (1) (b) of the statutes is amended to read:

AB758,41,2 102.44 (1) (b) If such employee is receiving a weekly benefit which is less than the maximum benefit which was in effect on the date of the injury, the supplemental benefit for a week of disability occurring after January 1, 2007 the effective date of this paragraph .... [revisor inserts date], shall be an amount sufficient to bring the total weekly benefits to the same proportion of $338 $450 as the employee's weekly benefit bears to the maximum in effect on the date of injury.

AB758, s. 41 Section 41. 102.555 (1) of the statutes is renumbered 102.555 (1) (intro.) and amended to read:

AB758,41,7 102.555 (1) (intro.) "Occupational deafness" means permanent partial or permanent total loss of hearing of one or both ears due to prolonged exposure to noise in employment. In this section:

AB758,41,8 (a) "Noise" means sound capable of producing occupational deafness.

AB758,41,10 (b) "Noisy employment" means employment in the performance of which an employee is subjected to noise.

AB758, s. 42 Section 42. 102.555 (1) (c) of the statutes is created to read:

AB758,41,14 102.555 (1) (c) "Occupational deafness" means permanent partial or permanent total loss of hearing of one or both ears due to prolonged exposure to noise in employment.

AB758, s. 43 Section 43. 102.555 (12) of the statutes is created to read:

AB758,41,20 102.555 (12) (a) An employer or the department is not liable for the expense of any examination or test for hearing loss, any evaluation of such an exam or test, any medical treatment for improving or restoring hearing, or any hearing aid to relieve the effect of hearing loss unless it is determined that compensation for occupational deafness is payable under sub. (3), (4), or (11).

AB758,42,2 (b) For a case of occupational deafness in which the date of injury is on or after the effective date of this paragraph .... [revisor inserts date], this subsection applies beginning on that date. Notwithstanding ss. 102.03 (4) and 102.17 (4), for a case of occupational deafness in which the date of injury is before the effective date of this paragraph .... [revisor inserts date], this subsection applies beginning on the date that is 6 years after the effective date of this paragraph .... [revisor inserts date].

AB758, s. 44 Section 44. 102.64 (2) of the statutes is amended to read:

AB758,42,14 102.64 (2) Upon request of the department of administration, the attorney general shall appear on behalf of the state in proceedings upon claims for compensation against the state. The department of justice shall represent the interests of the state in proceedings under s. 102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims in such those proceedings, but the compromises are subject to review by the department of workforce development. Costs incurred by the department of justice in prosecuting or defending any claim for payment into or out of the work injury supplemental benefit fund under s. 102.65, including expert witness and witness fees but not including attorney fees or attorney travel expenses for services performed under this subsection, shall be paid from the work injury supplemental benefit fund.

AB758, s. 45 Section 45. 102.65 (3) of the statutes is repealed.

AB758, s. 46 Section 46. 102.80 (3) (ag) of the statutes is amended to read:

AB758,43,4 102.80 (3) (ag) The secretary shall monitor the cash balance in, and incurred losses to, the uninsured employers fund using generally accepted actuarial principles. If the secretary determines that the expected ultimate losses to the uninsured employers fund on known claims and on incurred, but not reported, claims exceed 85% 85 percent of the cash balance in the uninsured employers fund, the secretary shall consult with the council on worker's compensation. If the secretary, after consulting with the council on worker's compensation, determines that there is a reasonable likelihood that the cash balance in the uninsured employers fund may become inadequate to fund all claims under s. 102.81 (1), the secretary shall file with the secretary of administration a certificate attesting that the cash balance in the uninsured employer's fund is likely to become inadequate to fund all claims under s. 102.81 (1) and specifying a date after which no new claims under s. 102.81 (1) will be paid.

AB758, s. 47 Section 47. 102.83 (1) (a) 1. of the statutes is amended to read:

AB758,43,10 102.83 (1) (a) 1. If an uninsured employer or any individual who is found personally liable under sub. (8) fails to pay to the department any amount owed to the department under s. 102.82 and no proceeding for review is pending, the department or any authorized representative may issue a warrant directed to the clerk of circuit court for any county of the state.

AB758, s. 48 Section 48. 102.83 (1) (a) 2. of the statutes is amended to read:

AB758,43,15 102.83 (1) (a) 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the uninsured employer or the individual mentioned in the warrant and the amount of the payments, interest, costs, and other fees for which the warrant is issued and the date when the warrant is entered.

AB758, s. 49 Section 49. 102.83 (1) (a) 3. of the statutes is amended to read:

AB758,43,23 102.83 (1) (a) 3. A warrant entered under subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien on the uninsured employer's right, title, and interest of the uninsured employer or the individual in all of the uninsured employer's that person's real and personal property located in the county where the warrant is entered. The lien is effective when the department issues the warrant under subd. 1. and shall continue until the amount owed, including interest, costs, and other fees to the date of payment, is paid.

AB758, s. 50 Section 50. 102.83 (1) (a) 4. of the statutes is amended to read:

AB758,44,10 102.83 (1) (a) 4. After the warrant is entered in the judgment and lien docket, the department or any authorized representative may file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the uninsured employer or the individual is found, commanding the sheriff to levy upon and sell sufficient real and personal property of the uninsured employer or the individual to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 60 days after receipt of the warrant.

AB758, s. 51 Section 51. 102.83 (1) (b) of the statutes is amended to read:

AB758,44,20 102.83 (1) (b) The clerk of circuit court shall accept and enter the warrant in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk and the department. The fees shall then be paid by the department, but the fees provided by s. 814.61 (5) for entering the warrants shall be added to the amount of the warrant and collected from the uninsured employer or the individual when satisfaction or release is presented for entry.

AB758, s. 52 Section 52. 102.83 (2) of the statutes is amended to read:

AB758,45,5 102.83 (2) The department may issue a warrant of like terms, force, and effect to any employee or other agent of the department, who may file a copy of the warrant with the clerk of circuit court of any county in the state, and thereupon the clerk of circuit court shall enter the warrant in the judgment and lien docket and the warrant shall become a lien in the same manner, and with the same force and effect, as provided in sub. (1). In the execution of the warrant, the employee or other agent shall have all the powers conferred by law upon a sheriff, but may not collect from the uninsured employer or the individual any fee or charge for the execution of the warrant in excess of the actual expenses paid in the performance of his or her duty.

AB758, s. 53 Section 53. 102.83 (3) of the statutes is amended to read:

AB758,45,11 102.83 (3) If a warrant is returned not satisfied in full, the department shall have the same remedies to enforce the amount due for payments, interest, costs, and other fees as if the department had recovered judgment against the uninsured employer or the individual and an execution had been returned wholly or partially not satisfied.

AB758, s. 54 Section 54. 102.83 (4) of the statutes is amended to read:

AB758,45,18 102.83 (4) When the payments, interest, costs, and other fees specified in a warrant have been paid to the department, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter the satisfaction of the judgment in the judgment and lien docket. The department shall send a copy of the satisfaction to the uninsured employer or the individual.

AB758, s. 55 Section 55. 102.83 (8) of the statutes is amended to read:

AB758,46,7 102.83 (8) Any officer or director of an uninsured employer that is a corporation and any member or manager of an uninsured employer that is a limited liability company may be found individually and jointly and severally liable for the payments, interest, costs and other fees specified in a warrant under this section if after proper proceedings for the collection of those amounts from the corporation or limited liability company, as provided in this section, the corporation or limited liability company is unable to pay those amounts to the department. The personal liability of the officers and directors of a corporation or of the members and managers of a limited liability company as provided in this subsection is an independent obligation, survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation or limited liability company, and shall be set forth in a determination or decision issued under s. 102.82.

AB758, s. 56 Section 56. 102.835 (1) (ad) of the statutes is created to read:

AB758,46,10 102.835 (1) (ad) "Debtor" means an uninsured employer or an individual found personally liable under s. 102.83 (8) who owes the department a debt.

AB758, s. 57 Section 57. 102.835 (2) of the statutes is amended to read:

AB758,46,19 102.835 (2) Powers of levy and distraint. If any uninsured employer debtor who is liable for any debt fails to pay that debt after the department has made demand for payment, the department may collect that debt and the expenses of the levy by levy upon any property belonging to the uninsured employer debtor. If the value of any property that has been levied upon under this section is not sufficient to satisfy the claim of the department, the department may levy upon any additional property of the uninsured employer debtor until the debt and expenses of the levy are fully paid.

AB758, s. 58 Section 58. 102.835 (4) (a) of the statutes is amended to read:

AB758,46,23 102.835 (4) (a) Any uninsured employer debtor who fails to surrender any property or rights to property that is subject to levy, upon demand by the department, is subject to proceedings to enforce the amount of the levy.

AB758, s. 59 Section 59. 102.835 (4) (c) of the statutes is amended to read:

AB758,47,5 102.835 (4) (c) When a 3rd party surrenders the property or rights to the property on demand of the department or discharges the obligation to the department for which the levy is made, the 3rd party is discharged from any obligation or liability to the uninsured employer debtor with respect to the property or rights to the property arising from the surrender or payment to the department.

AB758, s. 60 Section 60. 102.835 (5) (a) of the statutes is amended to read:

AB758,47,14 102.835 (5) (a) If the department has levied upon property, any person, other than the uninsured employer debtor who is liable to pay the debt out of which the levy arose, who claims an interest in or lien on that property, and who claims that that property was wrongfully levied upon may bring a civil action against the state in the circuit court for Dane County. That action may be brought whether or not that property has been surrendered to the department. The court may grant only the relief under par. (b). No other action to question the validity of or to restrain or enjoin a levy by the department may be maintained.

AB758, s. 61 Section 61. 102.835 (7) (a) of the statutes is amended to read:

AB758,47,19 102.835 (7) (a) The department shall apply all money obtained under this section first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department by the uninsured employer debtor.

AB758, s. 62 Section 62. 102.835 (12) of the statutes is amended to read:

AB758,48,9 102.835 (12) Notice before levy. If no proceeding for review permitted by law is pending, the department shall make a demand to the uninsured employer debtor for payment of the debt which is subject to levy and give notice that the department may pursue legal action for collection of the debt against the uninsured employer debtor. The department shall make the demand for payment and give the notice at least 10 days prior to the levy, personally or by any type of mail service which requires a signature of acceptance, at the address of the uninsured employer debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including costs and fees, and the name of the uninsured employer debtor who is liable for the debt. The uninsured employer's debtor's failure to accept or receive the notice does not prevent the department from making the levy. Notice prior to levy is not required for a subsequent levy on any debt of the same uninsured employer debtor within one year after the date of service of the original levy.

AB758, s. 63 Section 63. 102.835 (13) (a) of the statutes is amended to read:

AB758,48,13 102.835 (13) (a) The department shall serve the levy upon the uninsured employer debtor and 3rd party by personal service or by any type of mail service which requires a signature of acceptance.

AB758, s. 64 Section 64. 102.835 (13) (b) of the statutes is amended to read:

AB758,48,22 102.835 (13) (b) Personal service shall be made upon an individual, other than a minor or incapacitated person, by delivering a copy of the levy to the uninsured employer debtor or 3rd party personally; by leaving a copy of the levy at the uninsured employer's debtor's dwelling or usual place of abode with some person of suitable age and discretion residing there; by leaving a copy of the levy at the business establishment of the uninsured employer debtor with an officer or employee of the uninsured employer debtor; or by delivering a copy of the levy to an agent authorized by law to receive service of process.

AB758, s. 65 Section 65. 102.835 (13) (d) of the statutes is amended to read:

AB758,48,25 102.835 (13) (d) The uninsured employer's or 3rd party's failure of a debtor or 3rd party to accept or receive service of the levy does not invalidate the levy.

AB758, s. 66 Section 66. 102.835 (14) of the statutes is amended to read:

AB758,49,8 102.835 (14) Answer by 3rd party. Within 20 days after the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the uninsured employer debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation. If the 3rd party is an insurance company, the insurance company shall file an answer with the department within 45 days after the service of the levy.

AB758, s. 67 Section 67. 102.835 (19) of the statutes is amended to read:

AB758,49,15 102.835 (19) Hearing. Any uninsured employer debtor who is subject to a levy proceeding made by the department may request a hearing under s. 102.17 to review the levy proceeding. The hearing is limited to questions of prior payment of the debt that the department is proceeding against, and mistaken identity of the uninsured employer debtor. The levy is not stayed pending the hearing in any case in which property is secured through the levy.

AB758, s. 68 Section 68. 626.35 (1) of the statutes is amended to read:

AB758,49,20 626.35 (1) Filing. An insurer who provides a contract under s. 102.31 (1) (a) or 102.315 (3), (4), or (5) (a) shall file with the bureau a copy of the contract, or other evidence of the contract as designated by the bureau, not more than 60 days after the effective date of the contract.

AB758, s. 69 Section 69. 631.37 (3) of the statutes is amended to read:

AB758,49,24 631.37 (3) Worker's compensation insurance. Section Sections 102.31 (2) applies and 102.315 (10) apply to the termination of worker's compensation insurance.

AB758, s. 70 Section 70. 632.98 of the statutes is amended to read:

AB758,50,2 632.98 Worker's compensation insurance. Sections 102.31, 102.315, and 102.62 apply to worker's compensation insurance.

AB758, s. 71 Section 71. Initial applicability.