SB21,2778 7Section 2778. 102.16 (2) (b) of the statutes is amended to read:
SB21,1096,158 102.16 (2) (b) An insurer or self-insured employer that disputes the
9reasonableness of a fee charged by a health service provider or the department office
10under sub. (1m) (a) or s. 102.18 (1) (bg) 1. shall provide reasonable written notice to
11the health service provider that the fee is being disputed. After receiving reasonable
12written notice under this paragraph or under sub. (1m) (a) or s. 102.18 (1) (bg) 1. that
13a health service fee is being disputed, a health service provider may not collect the
14disputed fee from, or bring an action for collection of the disputed fee against, the
15employee who received the services for which the fee was charged.
SB21,2779 16Section 2779. 102.16 (2) (c) of the statutes is amended to read:
SB21,1097,217 102.16 (2) (c) After a fee dispute is submitted to the department office, the
18insurer or self-insured employer that is a party to the dispute shall provide to the
19department office information on that fee and information on fees charged by other
20health service providers for comparable services. The insurer or self-insured
21employer shall obtain the information on comparable fees from a database that is
22certified by the department office under par. (h). Except as provided in par. (e) 1., if
23the insurer or self-insured employer does not provide the information required
24under this paragraph, the department office shall determine that the disputed fee
25is reasonable and order that it be paid. If the insurer or self-insured employer

1provides the information required under this paragraph, the department office shall
2use that information to determine the reasonableness of the disputed fee.
SB21,2780 3Section 2780. 102.16 (2) (d) of the statutes is amended to read:
SB21,1097,194 102.16 (2) (d) The department office shall analyze the information provided to
5the department office under par. (c) according to the criteria provided in this
6paragraph to determine the reasonableness of the disputed fee. Except as provided
7in 2011 Wisconsin Act 183, section 30 (2) (b), the department office shall determine
8that a disputed fee is reasonable and order that the disputed fee be paid if that fee
9is at or below the mean fee for the health service procedure for which the disputed
10fee was charged, plus 1.2 standard deviations from that mean, as shown by data from
11a database that is certified by the department office under par. (h). Except as
12provided in 2011 Wisconsin Act 183, section 30 (2) (b), the department office shall
13determine that a disputed fee is unreasonable and order that a reasonable fee be paid
14if the disputed fee is above the mean fee for the health service procedure for which
15the disputed fee was charged, plus 1.2 standard deviations from that mean, as shown
16by data from a database that is certified by the department office under par. (h),
17unless the health service provider proves to the satisfaction of the department office
18that a higher fee is justified because the service provided in the disputed case was
19more difficult or more complicated to provide than in the usual case.
SB21,2781 20Section 2781. 102.16 (2) (e) 1. of the statutes is amended to read:
SB21,1098,321 102.16 (2) (e) 1. Subject to subd. 2., if an insurer or self-insured employer that
22disputes the reasonableness of a fee charged by a health service provider cannot
23provide information on fees charged by other health service providers for comparable
24services because the database to which the insurer or self-insured employer
25subscribes is not able to provide accurate information for the health service

1procedure at issue, the department office may use any other information that the
2department office considers to be reliable and relevant to the disputed fee to
3determine the reasonableness of the disputed fee.
SB21,2782 4Section 2782. 102.16 (2) (e) 2. of the statutes is amended to read:
SB21,1098,75 102.16 (2) (e) 2. Notwithstanding subd. 1., the department office may use only
6a hospital radiology database that has been certified by the department office under
7par. (h) to determine the reasonableness of a hospital fee for radiology services.
SB21,2783 8Section 2783. 102.16 (2) (f) of the statutes is amended to read:
SB21,1098,169 102.16 (2) (f) Within 30 days after a determination under this subsection, the
10department office may set aside, reverse, or modify the determination for any reason
11that the department office considers sufficient. Within 60 days after a determination
12under this subsection, the department office may set aside, reverse, or modify the
13determination on grounds of mistake. A health service provider, insurer, or
14self-insured employer that is aggrieved by a determination of the department office
15under this subsection may seek judicial review of that determination in the same
16manner that compensation claims are reviewed under s. 102.23.
SB21,2784 17Section 2784. 102.16 (2) (h) of the statutes is amended to read:
SB21,1099,218 102.16 (2) (h) The department office shall promulgate rules establishing
19procedures and requirements for the fee dispute resolution process under this
20subsection, including rules specifying the standards that health service fee
21databases must meet for certification under this paragraph. Using those standards,
22the department office shall certify databases of the health service fees that various
23health service providers charge. In certifying databases under this paragraph, the
24department office shall certify at least one database of hospital fees for radiology

1services, including diagnostic and interventional radiology, diagnostic ultrasound,
2and nuclear medicine.
SB21,2785 3Section 2785. 102.16 (2m) (a) of the statutes is amended to read:
SB21,1099,164 102.16 (2m) (a) Except as provided in this paragraph, the department office
5has jurisdiction under this subsection, sub. (1m) (b), and s. 102.17 to resolve a dispute
6between a health service provider and an insurer or self-insured employer over the
7necessity of treatment provided for an injured employee who claims benefits under
8this chapter. A health service provider may not submit a dispute over necessity of
9treatment to the department office under this subsection before all treatment by the
10health service provider of the employee's injury has ended if the amount in
11controversy, whether based on a single charge or a combination of charges for one or
12more days of service, is less than $25. After all treatment by a health service provider
13of an employee's injury has ended, the health service provider may submit any
14dispute over necessity of treatment to the department office, regardless of the
15amount in controversy. The department office shall deny payment for any treatment
16that the department office determines under this subsection to be unnecessary.
SB21,2786 17Section 2786. 102.16 (2m) (am) of the statutes is amended to read:
SB21,1099,2218 102.16 (2m) (am) A health service provider and an insurer or self-insured
19employer that are parties to a dispute under this subsection over the necessity of
20treatment are bound by the department's office's determination under this
21subsection on the necessity of the disputed treatment, unless that determination is
22set aside on judicial review as provided in par. (e).
SB21,2787 23Section 2787. 102.16 (2m) (b) of the statutes is amended to read:
SB21,1100,724 102.16 (2m) (b) An insurer or self-insured employer that disputes the
25necessity of treatment provided by a health service provider or the department

1division under sub. (1m) (b) or s. 102.18 (1) (bg) 2. shall provide reasonable written
2notice to the health service provider that the necessity of that treatment is being
3disputed. After receiving reasonable written notice under this paragraph or under
4sub. (1m) (b) or s. 102.18 (1) (bg) 2. that the necessity of treatment is being disputed,
5a health service provider may not collect a fee for that disputed treatment from, or
6bring an action for collection of the fee for that disputed treatment against, the
7employee who received the treatment.
SB21,2788 8Section 2788. 102.16 (2m) (c) of the statutes is amended to read:
SB21,1100,259 102.16 (2m) (c) Before determining under this subsection the necessity of
10treatment provided for an injured employee who claims benefits under this chapter,
11the department office shall obtain a written opinion on the necessity of the treatment
12in dispute from an expert selected by the department office. To qualify as an expert,
13a person must be licensed to practice the same health care profession as the
14individual health service provider whose treatment is under review and must either
15be performing services for an impartial health care services review organization or
16be a member of an independent panel of experts established by the department office
17under par. (f). The standards promulgated under par. (g) shall be applied by an
18expert and by the department office in rendering an opinion as to, and in
19determining, necessity of treatment under this paragraph. In cases in which no
20standards promulgated under sub. (2m) (g) apply, the department office shall find
21the facts regarding necessity of treatment. The department office shall adopt the
22written opinion of the expert as the department's office's determination on the issues
23covered in the written opinion, unless the health service provider or the insurer or
24self-insured employer present clear and convincing written evidence that the
25expert's opinion is in error.
SB21,2789
1Section 2789. 102.16 (2m) (d) of the statutes is amended to read:
SB21,1101,122 102.16 (2m) (d) The department office may charge a party to a dispute over the
3necessity of treatment provided for an injured employee who claims benefits under
4this chapter for the full cost of obtaining the written opinion of the expert under par.
5(c). The department office shall charge the insurer or self-insured employer for the
6full cost of obtaining the written opinion of the expert for the first dispute that a
7particular individual health service provider is involved in, unless the department
8office determines that the individual health service provider's position in the dispute
9is frivolous or based on fraudulent representations. In a subsequent dispute
10involving the same individual health service provider, the department office shall
11charge the losing party to the dispute for the full cost of obtaining the written opinion
12of the expert.
SB21,2790 13Section 2790. 102.16 (2m) (e) of the statutes is amended to read:
SB21,1101,2114 102.16 (2m) (e) Within 30 days after a determination under this subsection, the
15department office may set aside, reverse, or modify the determination for any reason
16that the department office considers sufficient. Within 60 days after a determination
17under this subsection, the department office may set aside, reverse, or modify the
18determination on grounds of mistake. A health service provider, insurer, or
19self-insured employer that is aggrieved by a determination of the department office
20under this subsection may seek judicial review of that determination in the same
21manner that compensation claims are reviewed under s. 102.23.
SB21,2791 22Section 2791. 102.16 (2m) (f) of the statutes is amended to read:
SB21,1102,323 102.16 (2m) (f) The department office may contract with an impartial health
24care services review organization to provide the expert opinions required under par.
25(c), or establish a panel of experts to provide those opinions, or both. If the

1department office establishes a panel of experts to provide the expert opinions
2required under par. (c), the department office may pay the members of that panel a
3reasonable fee, plus actual and necessary expenses, for their services.
SB21,2792 4Section 2792. 102.16 (2m) (g) of the statutes is amended to read:
SB21,1102,135 102.16 (2m) (g) The department office shall promulgate rules establishing
6procedures and requirements for the necessity of treatment dispute resolution
7process under this subsection, including rules setting the fees under par. (f) and rules
8establishing standards for determining the necessity of treatment provided to an
9injured employee. Before the department office may amend the rules establishing
10those standards, the department office shall establish an advisory committee under
11s. 227.13 composed of health care providers providing treatment under s. 102.42 to
12advise the department office and the council on worker's compensation on amending
13those rules.
SB21,2793 14Section 2793. 102.16 (4) of the statutes is amended to read:
SB21,1102,2215 102.16 (4) The department division has jurisdiction to pass on any question
16arising out of sub. (3) and has jurisdiction to order the employer to reimburse an
17employee or other person for any sum deducted from wages or paid by him or her in
18violation of that subsection. In addition to the penalty provided in s. 102.85 (1), any
19employer violating sub. (3) shall be liable to an injured employee for the reasonable
20value of the necessary services rendered to that employee pursuant to under any
21arrangement made in violation of sub. (3) without regard to that employee's actual
22disbursements for the same those services.
SB21,2794 23Section 2794. 102.17 (1) (a) 1. of the statutes is amended to read:
SB21,1103,424 102.17 (1) (a) 1. Upon the filing with the department division by any party in
25interest of any application in writing stating the general nature of any claim as to

1which any dispute or controversy may have arisen, the department division shall
2electronically deliver or mail a copy of the application to all other parties in interest,
3and the insurance carrier shall be considered a party in interest. The department
4division may bring in additional parties by service of a copy of the application.
SB21,2795 5Section 2795. 102.17 (1) (a) 2. of the statutes is amended to read:
SB21,1103,166 102.17 (1) (a) 2. Subject to subd. 3., the department division shall cause notice
7of hearing on the application to be given to each interested party , by service of that
8notice on the interested party personally, by electronically delivering a copy of that
9notice to the interested party,
or by mailing a copy of that notice to the interested
10party's last-known address at least 10 days before the hearing. If a party in interest
11is located without this state, and has no post-office address within this state, the
12copy of the application and copies of all notices shall be filed with the department
13of financial institutions
and professional standards and shall also be sent by
14registered or certified mail to the last-known post-office address of the party. Such
15filing and mailing shall constitute sufficient service, with the same effect as if served
16upon a party located within this state.
SB21,2796 17Section 2796. 102.17 (1) (a) 3. of the statutes is amended to read:
SB21,1103,2218 102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has
19acted with malice or bad faith, as described in s. 102.18 (1) (b) or (bp), that party shall
20provide written notice stating with reasonable specificity the basis for the claim to
21the employer, the insurer, the office, and the department division before the
22department division schedules a hearing on the claim of malice or bad faith.
SB21,2797 23Section 2797. 102.17 (1) (a) 4. of the statutes is amended to read:
SB21,1104,724 102.17 (1) (a) 4. The hearing may be adjourned in the discretion of the
25department division, and hearings may be held at such places as the department

1division designates, within or without the state. The department division may also
2arrange to have hearings held by the commission, officer, or tribunal having
3authority to hear cases arising under the worker's compensation law of any other
4state, of the District of Columbia, or of any territory of the United States, with the
5testimony and proceedings at any such hearing to be reported to the department
6division and to be made part of the record in the case. Any evidence so taken shall
7be subject to rebuttal upon final hearing before the department division.
SB21,2798 8Section 2798. 102.17 (1) (b) of the statutes is amended to read:
SB21,1104,229 102.17 (1) (b) In any dispute or controversy pending before the department
10division, the department division may direct the parties to appear before an
11examiner for a conference to consider the clarification of issues, the joining of
12additional parties, the necessity or desirability of amendments to the pleadings, the
13obtaining of admissions of fact or of documents, records, reports, and bills which that
14may avoid unnecessary proof, and such other matters as may aid in disposition of the
15dispute or controversy. After this that conference the department division may issue
16an order requiring disclosure or exchange of any information or written material
17which it that the division considers material to the timely and orderly disposition of
18the dispute or controversy. If a party fails to disclose or exchange that information
19within the time stated in the order, the department division may issue an order
20dismissing the claim without prejudice or excluding evidence or testimony relating
21to the information or written material. The department division shall provide each
22party with a copy of any order issued under this paragraph.
SB21,2799 23Section 2799. 102.17 (1) (c) of the statutes is renumbered 102.17 (1) (c) 1. and
24amended to read:
SB21,1105,14
1102.17 (1) (c) 1. Any party shall have the right to be present at any hearing,
2in person or by attorney or any other agent, and to present such testimony as may
3be pertinent to the controversy before the department division. No person, firm, or
4corporation, other than an attorney at law who is licensed to practice law in the state,
5may appear on behalf of any party in interest before the department division or any
6member or employee of the department division assigned to conduct any hearing,
7investigation, or inquiry relative to a claim for compensation or benefits under this
8chapter, unless the person is 18 years of age or older, does not have an arrest or
9conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified,
10and has obtained from the department office a license with authorization to appear
11in matters or proceedings before the department division. Except as provided under
12pars. (cm), (cr), and (ct), the license shall be issued by the department office under
13rules promulgated by the department office. The department office shall maintain
14in its office a current list of persons to whom licenses have been issued.
SB21,1106,5 152. Any license issued under subd. 1. may be suspended or revoked by the
16department office for fraud or serious misconduct on the part of an agent, any license
17may be denied, suspended, nonrenewed, or otherwise withheld by the department
18office for failure to pay court-ordered payments as provided in par. (cm) on the part
19of an agent, and any license may be denied or revoked if the department of revenue
20certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes
21or if the department of workforce development determines under par. (ct) s. 108.227
22that the applicant or licensee is liable for delinquent unemployment insurance
23contributions. Before suspending or revoking the license of the agent on the grounds
24of fraud or misconduct, the department office shall give notice in writing to the agent
25of the charges of fraud or misconduct and shall give the agent full opportunity to be

1heard in relation to those charges. In denying, suspending, restricting, refusing to
2renew, or otherwise withholding a license for failure to pay court-ordered payments
3as provided in par. (cm), the department office shall follow the procedure provided
4in a memorandum of understanding entered into under s. 49.857. The license and
5certificate of authority shall, unless
SB21,1106,9 63. Unless otherwise suspended or revoked, a license issued under subd. 1. shall
7be in force from the date of issuance until the June 30 following the date of issuance
8and may be renewed by the department office from time to time, but each renewed
9license shall expire on the June 30 following the issuance of the renewed license.
SB21,2800 10Section 2800. 102.17 (1) (cg) 1. of the statutes is amended to read:
SB21,1106,1611 102.17 (1) (cg) 1. Except as provided in subd. 2m., the department office shall
12require each applicant for a license under par. (c) who is an individual to provide the
13department office with the applicant's social security number, and shall require each
14applicant for a license under par. (c) who is not an individual to provide the
15department office with the applicant's federal employer identification number, when
16initially applying for or applying to renew the license.
SB21,2801 17Section 2801. 102.17 (1) (cg) 2. of the statutes is amended to read:
SB21,1106,2418 102.17 (1) (cg) 2. If an applicant who is an individual fails to provide the
19applicant's social security number to the department office or if an applicant who is
20not an individual fails to provide the applicant's federal employer identification
21number to the department office, the department office may not issue or renew a
22license under par. (c) to or for the applicant unless the applicant is an individual who
23does not have a social security number and the applicant submits a statement made
24or subscribed under oath or affirmation as required under subd. 2m.
SB21,2802 25Section 2802. 102.17 (1) (cg) 2m. of the statutes is amended to read:
SB21,1107,6
1102.17 (1) (cg) 2m. If an applicant who is an individual does not have a social
2security number, the applicant shall submit a statement made or subscribed under
3oath or affirmation to the department office that the applicant does not have a social
4security number. The form of the statement shall be prescribed by the department
5office. A license issued in reliance upon a false statement submitted under this
6subdivision is invalid.
SB21,2803 7Section 2803. 102.17 (1) (cg) 3. of the statutes is amended to read:
SB21,1107,138 102.17 (1) (cg) 3. The department of workforce development office may not
9disclose any information received under subd. 1. to any person except to the
10department of revenue for the sole purpose of requesting certifications under s.
1173.0301, the department of workforce development for the sole purpose of requesting
12certifications under s. 108.227,
or the department of children and families for
13purposes of administering s. 49.22.
SB21,2804 14Section 2804. 102.17 (1) (cm) of the statutes is amended to read:
SB21,1108,215 102.17 (1) (cm) The department of workforce development office shall deny,
16suspend, restrict, refuse to renew, or otherwise withhold a license under par. (c) for
17failure of the applicant or agent to pay court-ordered payments of child or family
18support, maintenance, birth expenses, medical expenses, or other expenses related
19to the support of a child or former spouse or for failure of the applicant or agent to
20comply, after appropriate notice, with a subpoena or warrant issued by the
21department of children and families or a county child support agency under s. 59.53
22(5) and related to paternity or child support proceedings, as provided in a
23memorandum of understanding entered into under s. 49.857. Notwithstanding par.
24(c), an action taken under this paragraph is subject to review only as provided in the

1memorandum of understanding entered into under s. 49.857 and not as provided in
2ch. 227.
SB21,2805 3Section 2805. 102.17 (1) (cr) of the statutes is amended to read:
SB21,1108,94 102.17 (1) (cr) The department office shall deny an application for the issuance
5or renewal of a license under par. (c), or revoke such a license already issued, if the
6department of revenue certifies under s. 73.0301 that the applicant or licensee is
7liable for delinquent taxes. Notwithstanding par. (c), an action taken under this
8paragraph is subject to review only as provided under s. 73.0301 (5) and not as
9provided in ch. 227.
SB21,2806 10Section 2806. 102.17 (1) (ct) of the statutes is repealed and recreated to read:
SB21,1108,1611 102.17 (1) (ct) The office shall deny an application for the issuance or renewal
12of a license under par. (c), or revoke such a license already issued, if the department
13of workforce development certifies under s. 108.227 that the applicant or licensee is
14liable for delinquent unemployment insurance contributions. Notwithstanding par.
15(c), an action taken under this paragraph is subject to review only as provided under
16s. 108.227 (5) and not as provided in ch. 227.
SB21,2807 17Section 2807. 102.17 (1) (d) 1. of the statutes is amended to read:
SB21,1109,1218 102.17 (1) (d) 1. The contents of certified medical and surgical reports by
19physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
20advanced practice nurse prescribers, and chiropractors licensed in and practicing in
21this state, and of certified reports by experts concerning loss of earning capacity
22under s. 102.44 (2) and (3), presented by a party for compensation constitute prima
23facie evidence as to the matter contained in those reports, subject to any rules and
24limitations the department division prescribes. Certified reports of physicians,
25podiatrists, surgeons, dentists, psychologists, physician assistants, advanced

1practice nurse prescribers, and chiropractors, wherever licensed and practicing, who
2have examined or treated the claimant, and of experts, if the practitioner or expert
3consents to being subjected to cross-examination, also constitute prima facie
4evidence as to the matter contained in those reports. Certified reports of physicians,
5podiatrists, surgeons, psychologists, and chiropractors are admissible as evidence of
6the diagnosis, necessity of the treatment, and cause and extent of the disability.
7Certified reports by doctors of dentistry, physician assistants, and advanced practice
8nurse prescribers are admissible as evidence of the diagnosis and necessity of
9treatment but not of the cause and extent of disability. Any physician, podiatrist,
10surgeon, dentist, psychologist, chiropractor, physician assistant, advanced practice
11nurse prescriber, or expert who knowingly makes a false statement of fact or opinion
12in such a certified report may be fined or imprisoned, or both, under s. 943.395.
SB21,2808 13Section 2808. 102.17 (1) (d) 2. of the statutes is amended to read:
SB21,1109,2114 102.17 (1) (d) 2. The record of a hospital or sanatorium in this state that is
15satisfactory to the department division, established by certificate, affidavit, or
16testimony of the supervising officer of the hospital or sanitorium, any other person
17having charge of the record, or a physician, podiatrist, surgeon, dentist, psychologist,
18physician assistant, advanced practice nurse prescriber, or chiropractor to be the
19record of the patient in question, and made in the regular course of examination or
20treatment of the patient, constitutes prima facie evidence as to the matter contained
21in the record, to the extent that the record is otherwise competent and relevant.
SB21,2809 22Section 2809. 102.17 (1) (d) 3. of the statutes is amended to read:
SB21,1110,523 102.17 (1) (d) 3. The department division may, by rule, establish the
24qualifications of and the form used for certified reports submitted by experts who
25provide information concerning loss of earning capacity under s. 102.44 (2) and (3).

1The department division may not admit into evidence a certified report of a
2practitioner or other expert or a record of a hospital or sanatorium that was not filed
3with the department division and all parties in interest at least 15 days before the
4date of the hearing, unless the department division is satisfied that there is good
5cause for the failure to file the report.
SB21,2810 6Section 2810. 102.17 (1) (d) 4. of the statutes is amended to read:
SB21,1110,97 102.17 (1) (d) 4. A report or record described in subd. 1., 2., or 3. that is admitted
8or received into evidence by the department division constitutes substantial
9evidence under s. 102.23 (6) as to the matter contained in the report or record.
SB21,2811 10Section 2811. 102.17 (1) (e) of the statutes is amended to read:
SB21,1110,1911 102.17 (1) (e) The department division may, with or without notice to any party,
12cause testimony to be taken, an inspection of the premises where the injury occurred
13to be made, or the time books and payrolls of the employer to be examined by any
14examiner, and may direct any employee claiming compensation to be examined by
15a physician, chiropractor, psychologist, dentist, or podiatrist. The testimony so
16taken, and the results of any such inspection or examination, shall be reported to the
17department division for its consideration upon final hearing. All ex parte testimony
18taken by the department division shall be reduced to writing, and any party shall
19have opportunity to rebut that testimony on final hearing.
SB21,2812 20Section 2812. 102.17 (1) (f) of the statutes is amended to read:
SB21,1110,2221 102.17 (1) (f) Sections 804.05 and 804.07 shall not apply to proceedings under
22this chapter, except as to a witness who is any of the following:
SB21,1110,2323 1. Who is beyond Beyond reach of the subpoena of the department; or division.
SB21,1110,2524 2. Who is about About to go out of the state, not intending to return in time for
25the hearing; or hearing.
SB21,1111,2
13. Who is so So sick, infirm, or aged as to make it probable that the witness will
2not be able to attend the hearing; or hearing.
SB21,1111,53 4. Who is a A member of the legislature, if any committee of the same or
4legislature or of the house of which the witness is a member, is in session, provided
5and the witness waives his or her privilege.
SB21,2813 6Section 2813. 102.17 (1) (g) of the statutes is amended to read:
SB21,1111,197 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a
8dispute or creates a doubt as to the extent or cause of disability or death, the
9department division may direct that the injured employee be examined, that an
10autopsy be performed, or that an opinion be obtained without examination or
11autopsy, by or from an impartial, competent physician, chiropractor, dentist,
12psychologist or podiatrist designated by the department division who is not under
13contract with or regularly employed by a compensation insurance carrier or
14self-insured employer. The expense of the examination, autopsy, or opinion shall be
15paid by the employer or, if the employee claims compensation under s. 102.81, from
16the uninsured employers fund. The report of the examination, autopsy, or opinion
17shall be transmitted in writing to the department division and a copy of the report
18shall be furnished by the department division to each party, who shall have an
19opportunity to rebut such the report on further hearing.
SB21,2814 20Section 2814. 102.17 (1) (h) of the statutes is amended to read:
SB21,1112,221 102.17 (1) (h) The contents of certified reports of investigation, made by
22industrial safety specialists who are employed, contracted, or otherwise secured by
23the department division and who are available for cross-examination, if served upon
24the parties 15 days prior to hearing, shall constitute prima facie evidence as to
25matter contained in those reports. A report described in this paragraph that is

1admitted or received into evidence by the department division constitutes
2substantial evidence under s. 102.23 (6) as to the matter contained in the report.
SB21,2815 3Section 2815. 102.17 (2) of the statutes is amended to read:
SB21,1112,134 102.17 (2) If the department shall have division has reason to believe that the
5payment of compensation has not been made, it the division may on its own motion
6give notice to the parties, in the manner provided for the service of an application,
7of a time and place when a hearing will be held for the purpose of determining the
8facts. Such The notice shall contain a statement of the matter to be considered.
9Thereafter all other All provisions of this chapter governing proceedings on an
10application shall attach apply, insofar as the same may be applicable, to a proceeding
11under this subsection
. When the department division schedules a hearing on its own
12motion, the department division does not become a party in interest and is not
13required to appear at the hearing.
SB21,2816 14Section 2816. 102.17 (2m) of the statutes is amended to read:
SB21,1112,2015 102.17 (2m) Any The division or any party, including the department office,
16may require any person to produce books, papers, and records at the hearing by
17personal service of a subpoena upon the person along with a tender of witness fees
18as provided in ss. 814.67 and 885.06. Except as provided in sub. (2s), the subpoena
19shall be on a form provided by the department division and shall give the name and
20address of the party requesting the subpoena.
SB21,2817 21Section 2817. 102.17 (2s) of the statutes is amended to read:
SB21,1113,322 102.17 (2s) A party's attorney of record may issue a subpoena to compel the
23attendance of a witness or the production of evidence. A subpoena issued by an
24attorney must be in substantially the same form as provided in s. 805.07 (4) and must
25be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of

1issuance, send a copy of the subpoena to the appeal tribunal hearing examiner or
2other representative of the department division responsible for conducting the
3proceeding.
SB21,2818 4Section 2818. 102.17 (7) (b) of the statutes is amended to read:
SB21,1113,165 102.17 (7) (b) Except as provided in par. (c), the department division shall
6exclude from evidence testimony or certified reports from expert witnesses under
7par. (a) offered by the party that raises the issue of loss of earning capacity if that
8party failed to notify the department division and the other parties of interest, at
9least 60 days before the date of the hearing, of the party's intent to provide the
10testimony or reports and of the names of the expert witnesses involved. Except as
11provided in par. (c), the department division shall exclude from evidence testimony
12or certified reports from expert witnesses under par. (a) offered by a party of interest
13in response to the party that raises the issue of loss of earning capacity if the
14responding party failed to notify the department division and the other parties of
15interest, at least 45 days before the date of the hearing, of the party's intent to provide
16the testimony or reports and of the names of the expert witnesses involved.
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