AB706: Bill Text

AB706,11,2 102.31 (2) (a) No party to a contract of insurance may cancel the contract within the contract period or terminate or not renew the contract upon the expiration date until a notice in writing is given to the other party fixing the proposed date of cancellation or declaring that the party intends to terminate or does not intend to renew the policy upon expiration. Except as provided in par. (b), when an insurance company does not renew a policy upon expiration, the nonrenewal is not effective until 60 days after the insurance company has given written notice of the nonrenewal to the insured employer and the department. Cancellation or termination of a policy by an insurance company for any reason other than nonrenewal is not effective until 30 days after the insurance company has given written notice of the cancellation or termination to the insured employer and the department. Notice to the department may be given by personal service of the notice upon the department at its office in Madison, or by sending the notice by certified mail addressed to the department at its office in Madison, or by transmitting the notice to the department at its office in Madison by facsimile machine transmission, electronic mail, or any electronic, magnetic, or other in a medium approved by the department. The department may provide by rule that the notice of cancellation or termination be given to the Wisconsin compensation rating bureau rather than to the department and that the notice of cancellation or termination be given to the Wisconsin compensation rating bureau by certified mail, facsimile machine transmission, electronic mail, or other in a medium approved by the department after consultation with the Wisconsin compensation rating bureau. Whenever the Wisconsin compensation rating bureau receives such a notice of cancellation or termination it shall immediately notify the department of the notice of cancellation or termination.

AB706, s. 10 Section 10. 102.425 (4m) (b) of the statutes is amended to read:

AB706,11,13 102.425 (4m) (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, reasonable written notice to the pharmacist or practitioner that the charge is being disputed. After receiving reasonable written 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.

AB706, s. 11 Section 11. 102.43 (9) (d) of the statutes is created to read:

AB706,11,16 102.43 (9) (d) The employee has been convicted of a crime, is incarcerated, and is not available to return to a restricted type of work during the healing period.

AB706, s. 12 Section 12. 102.44 (1) (intro.) of the statutes is renumbered 102.44 (1) (ag) and amended to read:

AB706,12,3 102.44 (1) (ag) 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 that occurred prior to January 1, 1993 2001, shall receive supplemental benefits which that 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 Those supplemental benefits shall be paid only for weeks of disability occurring after January 1, 1995 2003, and shall continue during the period of such total disability subsequent to that date.

AB706, s. 13 Section 13. 102.44 (1) (a) of the statutes is renumbered 102.44 (1) (am) and amended to read:

AB706,12,10 102.44 (1) (am) If such the 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 April 1, 2008 the effective date of this paragraph .... [LRB inserts date], shall be an amount which that, when added to the regular benefit established for the case, shall equal $450 $582.

AB706, s. 14 Section 14. 102.44 (1) (b) of the statutes is amended to read:

AB706,12,17 102.44 (1) (b) If such the employee is receiving a weekly benefit which that is less than the maximum benefit which that was in effect on the date of the injury, the supplemental benefit for a week of disability occurring after April 1, 2008 the effective date of this paragraph .... [LRB inserts date], shall be an amount sufficient to bring the total weekly benefits to the same proportion of $450 $582 as the employee's weekly benefit bears to the maximum in effect on the date of injury.

AB706, s. 15 Section 15. 102.44 (5) (g) of the statutes is created to read:

AB706,12,21 102.44 (5) (g) No reduction under this subsection shall be made on temporary disability benefits payable during a period in which an injured employee is receiving vocational rehabilitation services under s. 102.61 (1) or (1m).

AB706, s. 16 Section 16. 102.50 of the statutes is amended to read:

AB706,12,25 102.50 Burial expenses. In all cases where in which the death of an employee proximately results from the injury, the employer or insurer shall pay the reasonable actual expense for burial, not exceeding $6,000 $10,000.

AB706, s. 17 Section 17. 102.555 (12) (b) of the statutes is amended to read:

AB706,13,6 102.555 (12) (b) For a case of occupational deafness in which the date of injury is on or after April 1, 2008, 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 April 1, 2008, this subsection applies beginning on the date that is 6 years after April 1, 2008 January 1, 2012.

AB706, s. 18 Section 18. 102.60 (1m) (intro.) of the statutes is amended to read:

AB706,13,12 102.60 (1m) (intro.) When the injury is sustained by a minor who is illegally employed, the employer, in addition to paying compensation or wage loss under sub. (6) to the minor and death benefits to the dependents of the minor, shall pay the following amounts into the state treasury, for deposit in the fund established under s. 102.65:

AB706, s. 19 Section 19. 102.60 (6) of the statutes is repealed.

AB706, s. 20 Section 20. 102.75 (2) of the statutes is amended to read:

AB706,13,23 102.75 (2) The department shall require that payments for costs and expenses for each fiscal year shall be made on such dates as the department prescribes by each licensed worker's compensation insurance carrier and employer exempted under s. 102.28 (2). Each such payment shall be a sum equal to a proportionate share of the annual costs and expenses assessed upon each carrier and employer as estimated by the department. Interest shall accrue on amounts not paid within 90 30 days after the date prescribed by the department under this subsection at the rate of 1 percent per month. All interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

AB706, s. 21 Section 21. 102.81 (1) (a) of the statutes is amended to read:

AB706,14,7 102.81 (1) (a) If an employee of an uninsured employer, other than an employee who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for which the uninsured employer is liable under s. 102.03, the department or the department's reinsurer shall pay to or on behalf of the injured employee or to the employee's dependents an amount equal to the compensation owed them by the uninsured employer under this chapter except penalties and interest due under ss. 102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60 (6).

AB706, s. 22 Section 22. 102.82 (1) of the statutes is amended to read:

AB706,14,17 102.82 (1) An Except as provided in sub. (2) (ar), an uninsured employer shall reimburse the department for any payment made under s. 102.81 (1) to or on behalf of an employee of the uninsured employer or to an employee's dependents and for any expenses paid by the department in administering the claim of the employee or dependents, less amounts repaid by the employee or dependents under s. 102.81 (4) (b). The reimbursement owed under this subsection is due within 30 days after the date on which the department notifies the uninsured employer that the reimbursement is owed. Interest shall accrue on amounts not paid when due at the rate of 1% per month.

AB706, s. 23 Section 23. 102.82 (2) (ar) of the statutes is amended to read:

AB706,14,24 102.82 (2) (ar) The department may waive any payment owed under par. (a) or (ag) or sub. (1) if the department determines that the sole reason for the uninsured employer's failure to comply with s. 102.28 (2) is that the uninsured employer was a victim of fraud, misrepresentation or gross negligence by an insurance agent or insurance broker or by a person whom a reasonable person would believe is an insurance agent or insurance broker.

AB706, s. 24 Section 24. 103.78 (4) of the statutes is repealed.

AB706, s. 25 Section 25. Initial applicability.

AB706,15,3 (1) Assessments. The treatment of section 102.75 (2) of the statutes first applies to an assessment imposed in the effective date of this subsection.

AB706,15,4 (End)