AB711: Bill Text

AB711,43,10 102.44 (4) (intro.) Where the When a permanent disability is covered by ss. 102.52, 102.53, and 102.55, such those sections shall govern; provided, that in no case shall the except as follows:

AB711,43,12 (a) The percentage of permanent total disability may not be taken as more than 100 percent.

AB711,66 Section 66. 102.44 (4) (b) of the statutes is created to read:

AB711,43,16 102.44 (4) (b) The weekly indemnity for periods of permanent partial disability beginning with the 201st week of permanent partial disability shall be as provided in sub. (4m).

AB711,67 Section 67. 102.44 (4m) of the statutes is created to read:

AB711,43,23 102.44 (4m) Notwithstanding any other provision of this chapter, for an employee who is receiving compensation under this chapter for permanent partial disability, whether or not covered by ss. 102.52, 102.53, or 102.55, payment of compensation under this chapter for periods of permanent partial disability beginning with the 201st week of permanent partial disability shall be made as follows:

AB711,44,3 (a) If the employee was entitled to the maximum weekly benefit that was in effect at the time of the injury, payment of the weekly benefit for a week of permanent partial disability beginning with the 201st week of permanent partial disability shall be at the maximum rate that is in effect at the time the benefit accrues and becomes payable.

AB711,44,10 (b) If the employee was entitled to less than the maximum weekly benefit that was in effect at the time of the injury, payment of the weekly benefit for a week of permanent partial disability beginning with the 201st week of permanent partial disability shall be in an amount that bears the same proportion to the maximum rate that is in effect at the time the benefit accrues and becomes payable as the employee's weekly benefit at the time of the injury bore to the maximum weekly benefit that was in effect at the time of the injury.

AB711,68 Section 68. 102.445 of the statutes is created to read:

AB711,44,16 102.445 Continuation of health care coverage. (1) In this section, "group health care coverage" means health care coverage of an employee, or of an employee and his or her dependents, under a group health benefit plan, as defined in s. 632.745 (9), a group health plan, as defined in s. 632.745 (10), or a self-insured health plan, as defined in s. 632.745 (24).

AB711,45,3 (2) If at the time of injury the employer of an injured employee is providing the injured employee with group health care coverage, the employer shall maintain that coverage during the injured employee's period of temporary disability at the level and under the conditions that the employer would have provided coverage if the injured employee had continued in employment continuously during that period of temporary disability, without regard to the injured employee's employment status during that period. If during an injured employee's period of temporary disability the injured employee continues making any contributions required of the injured employee for participation in the plan providing that coverage, the employer shall continue making any contributions required of the employer for the injured employee's participation in that plan as if the injured employee were not in a period of temporary disability.

AB711,45,17 (3) Any employer that fails to maintain group health care coverage for an injured employee as required under sub. (2) or such an employer's worker's compensation insurance carrier is liable to the injured employee for an amount that is equal to 100 percent of the contributions required of the employer under sub. (2) that the employer failed to pay. That liability also applies to an employer that fails to maintain group health care coverage provided at the time of injury for an injured employee or to such an employer's worker's compensation insurance carrier in a case in which the employer's liability under this chapter for the employee's injury or the period of the employee's temporary disability is in dispute, if the injured employee submits the dispute to the department and the injury or period of disability is found to be compensable under this chapter. That liability is in addition to any temporary disability benefits payable under this chapter and may not be considered in computing the employee's average weekly earnings under s. 102.11, actual wage loss, or benefits for temporary disability.

AB711,45,22 (4) Any injured employee whose employer fails to maintain group health care coverage for the injured employee as required under sub. (2) may request a hearing on the violation under s. 102.17. If, after hearing, the examiner finds that the employer has violated sub. (2), the examiner may order the employer to pay the injured employee the amount for which the employer is liable under sub. (3).

AB711,46,2 (5) If an injured employee ends his or her employment with an employer during or at the end of a period of temporary disability, the time for conversion to individual coverage under s. 632.897 (6) shall be calculated as beginning on the date on which the injured employee began the period of temporary disability.

AB711,69 Section 69. 102.65 (4) (intro.) of the statutes is amended to read:

AB711,46,15 102.65 (4) (intro.) The secretary shall monitor the cash balance in, and incurred losses to, the work injury supplemental benefit fund using generally accepted actuarial principles. If the secretary determines that the expected ultimate losses to the work injury supplemental benefit fund on known claims exceed 85 percent of the cash balance in that 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 work injury supplemental benefit fund may become inadequate to fund all claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file with the secretary of administration a certificate attesting that the cash balance in that fund is likely to become inadequate to fund all claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66 and specifying one of the following:

AB711,70 Section 70. 102.75 (1) of the statutes is amended to read:

AB711,47,6 102.75 (1) The department shall assess upon and collect from each licensed worker's compensation insurance carrier and from each employer exempted under s. 102.28 (2) by special order or by rule, (b) or (bm) from the duty to carry insurance under s. 102.28 (2) (a) the proportion of total costs and expenses incurred by the council on worker's compensation for travel and research and by the department and the commission in the administration of this chapter for the current fiscal year, plus any deficiencies in collections and anticipated costs from the previous fiscal year, that the total indemnity paid or payable under this chapter by each such carrier and exempt employer in worker's compensation cases initially closed during the preceding calendar year, other than for increased, double, or treble compensation, bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers and exempt employers, other than for increased, double, or treble compensation. The council on worker's compensation and the commission shall annually certify any costs and expenses for worker's compensation activities to the department at such time as the secretary requires.

AB711,71 Section 71. 102.75 (1g) of the statutes is created to read:

AB711,47,17 102.75 (1g) The department shall collect from each licensed worker's compensation carrier the proportion of reimbursement approved by the department under s. 102.44 (1) (c) 1. for supplemental benefits paid in the year before the previous year that the total indemnity paid or payable under this chapter by the carrier in worker's compensation cases initially closed during the preceding calendar year, other than for increased, double, or treble compensation, bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers, other than for increased, double, or treble compensation. This subsection does not apply to claims for reimbursement under s. 102.44 (1) (c) 1. for supplemental benefits paid for injuries that occur on or after July 1, 2015.

AB711,72 Section 72. 102.75 (1m) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB711,47,24 102.75 (1m) The moneys collected under sub. subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose of the state.

AB711,73 Section 73. 102.75 (2) of the statutes is amended to read:

AB711,48,13 102.75 (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) (b) or (bm) from the duty to insure under s. 102.28 (2) (a) to make the payments required under sub. (1) for each fiscal year on such dates as the department prescribes. The department shall also require each licensed worker's compensation insurance carrier to make the payments required under sub. (1g) for each fiscal year on those dates. 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 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.

AB711,74 Section 74. 102.75 (4) of the statutes is amended to read:

AB711,48,19 102.75 (4) From the appropriation under s. 20.445 (1) (ra), the department shall allocate the amounts that it collects in application fees from employers applying for exemption under s. 102.28 (2) (b) and the annual amount that it collects from employers that have been exempted under s. 102.28 (2) (b) to fund the activities of the department under s. 102.28 (2) (b) and (c) with respect to those employers.

AB711,75 Section 75. 102.80 (1) (f) of the statutes is created to read:

AB711,48,22 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the appropriation under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).

AB711,76 Section 76. 102.81 (1) (a) of the statutes is amended to read:

AB711,49,5 102.81 (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) 3. and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60.

AB711,77 Section 77. 102.81 (1) (c) of the statutes is created to read:

AB711,49,13 102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of $1,000,000 from the uninsured employers fund in the first instance. If the claim is not covered by excess or stop-loss reinsurance under sub. (2), the secretary of administration shall transfer from the appropriation account under s. 20.445 (1) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an amount equal to the amount by which payments from the uninsured employers fund on the claim are in excess of $1,000,000.

AB711,49,20 2. Each calendar year the department shall file with the secretary of administration a certificate setting forth the number of claims in excess of $1,000,000 in the preceding year paid from the uninsured employers fund, the payments made from the uninsured employers fund on each such claim in the preceding year, and the total payments made from the uninsured employers fund on all such claims and, based on that information, the secretary of administration shall determine the amount to be transferred under subd. 1. in that calendar year.

AB711,50,3 3. The maximum amount that the secretary of administration may transfer under subd. 1. in a calendar year is $500,000. If the amount determined under subd. 2. is $500,000 or less, the secretary of administration shall transfer the amount determined under subd. 2. If the amount determined under subd. 2. exceeds $500,000, the secretary of administration shall transfer $500,000 in the calendar year in which the determination is made and, subject to the maximum transfer amount of $500,000 per calendar year, shall transfer that excess in the next calendar year or in subsequent calendar years until that excess is transferred in full.

AB711,78 Section 78. 108.10 (4) of the statutes is amended to read:

AB711,50,13 108.10 (4) The department or the employing unit may commence action for the judicial review of a commission decision under this section, provided the department, or the employing unit, after exhausting the remedies provided under this section, has commenced such action within 30 days after such decision was mailed to the employing unit's last-known address. The scope of judicial review, and the manner thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In an action commenced by an employing unit under this section, the department shall be an adverse party a defendant under s. 102.23 (1) (a) and shall be named as a party defendant in the summons and complaint commencing the action.

AB711,79 Section 79. 165.60 of the statutes is amended to read:

AB711,50,25 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described under s. 175.60 (17) (c), to enforce s. 946.32, is authorized to assist the department of workforce development in the investigation and prosecution of suspected fraudulent activity related to worker's compensation as provided in s. 102.125, and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

AB711,80 Section 80. Nonstatutory provisions.

AB711,51,6 (1) Fraud investigation and prosecution; department of justice position authorization. The authorized FTE positions for the department of justice are increased by 1.0 PR-S position, to be funded from the appropriation under section 20.455 (2) (k) of the statutes, for the purpose of investigating and prosecuting fraudulent activity related to worker's compensation.

AB711,51,11 (2) Medical expert; department of workforce development position authorization. The authorized FTE positions for the department of workforce development are increased by 1.0 SEG position, to be funded from the appropriation under s. 20.445 (1) (ra) of the statutes, for the purpose of providing a medical expert to assist in the administration of the worker's compensation program.

AB711,51,21 (3) Study of treatment outcomes. The secretary of workforce development shall create a committee under section 15.04 (1) (c) of the statutes to review and evaluate the outcomes of treatment provided to injured employees by health care providers under the worker's compensation program. The committee shall include representatives of employers, employees, health care providers, worker's compensation insurers authorized to do business in this state, and the department of workforce development. Upon completion of the study, the committee shall report its findings, conclusions, and recommendations to the department of workforce development and the council on worker's compensation, after which the committee shall terminate its activities and cease to exist.

AB711,81 Section 81. Fiscal changes.

AB711,52,9 (1) Transfer to uninsured employers fund. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of workforce development under section 20.445 (1) (ra) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $500,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for transfer to the uninsured employers fund in reimbursement of claims paid from that fund in excess of $1,000,000 in 2013. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of workforce development under section 20.445 (1) (ra) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $500,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for transfer to the uninsured employers fund in reimbursement of claims paid from that fund in excess of $1,000,000 in 2014.

AB711,52,17 (2) Indexing of permanent partial disability payments; information technology. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of workforce development under section 20.445 (1) (ra) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $160,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purpose of updating the department's information technology system to enable that system to monitor the payment of permanent partial disability benefits under section 102.44 (4m) of the statutes, as created by this act.

AB711,82 Section 82 . Initial applicability.

AB711,52,22 (1) Transfer to uninsured employers fund. The treatment of sections 20.445 (1) (ra) (with respect to the transfer of moneys to the uninsured employers fund) and 102.81 (1) (c) of the statutes first applies to claims paid from the uninsured employers fund in 2013.

AB711,52,25 (2) Fee disputes. The treatment of section 102.16 (2) (d) of the statutes first applies to a fee dispute submitted to the department of workforce development on the effective date of this subsection.

AB711,53,4 (3) Reimbursement of supplemental benefits paid. The renumbering and amendment of section 102.44 (1) (c) of the statutes and the creation of section 102.44 (1) (c) 2. and 3. of the statutes first apply to supplemental benefits paid under section 102.44 (1) (ag) of the statutes on the effective date of this subsection.

AB711,53,7 (4) Continuation of health care coverage. The treatment of section 102.445 of the statutes first applies to injuries occurring on the effective date of this subsection.

AB711,53,11 (5) Judicial review of worker's compensation decisions. The treatment of sections 102.23 (1) (a), (c), and (cm) and 108.10 (4) of the statutes first applies to an action for the review of an order or award of the labor and industry review commission commenced in circuit court on the effective date of this subsection.

AB711,53,15 (6) Administrative review of worker's compensation decisions. The treatment of section 102.18 (3) and (4) (b) of the statutes first applies to a petition for the review of a decision of a department of workforce development hearing examiner filed with the labor and industry review commission on the effective date of this subsection.

AB711,83 Section 83. Effective dates. This act takes effect on the day after publication, except as follows:

AB711,53,20 (1) Judicial review of worker's compensation decisions. The treatment of sections 102.23 (1) (a), (c), and (cm) and 108.10 (4) of the statutes and Section 82 (5) of this act take effect on July 1, 2014.

AB711,53,23 (2) Administrative review of worker's compensation decisions. The treatment of section 102.18 (3) and (4) (b) of the statutes and Section 82 (6) of this act take effect on January 1, 2015.

AB711,53,25 (3) Continuation of health care coverage. The treatment of section 102.445 of the statutes and Section 82 (4) take effect on July 1, 2015.

AB711,54,2 (4) Reimbursement of supplemental benefits. The treatment of section 102.44 (1) (ag) of the statutes (by Section 57 ) takes effect on July 1, 2015.

AB711,54,3 (End)