SB21,2843
4Section
2843. 102.23 (1) (b) of the statutes is amended to read:
SB21,1126,125
102.23
(1) (b) In
such an action
for review of an order or award a complaint shall
6be served with an authenticated copy of the summons. The complaint need not be
7verified, but shall state the grounds upon which a review is sought. Service upon a
8commissioner or member of the commission or an agent authorized by the
9commission to accept service constitutes complete service on all parties, but there
10shall be left with the person so served as many copies of the summons and complaint
11as there are defendants, and the commission shall
electronically deliver or mail one
12copy to each other defendant.
SB21,2844
13Section
2844. 102.23 (2) of the statutes is amended to read:
SB21,1126,1714
102.23
(2) Upon the trial of
any such
an action
for review of an order or award 15the court shall disregard any irregularity or error of the commission or the
16department division unless it is made to affirmatively appear that the plaintiff was
17damaged
thereby by that irregularity or error.
SB21,2845
18Section
2845. 102.23 (3) of the statutes is amended to read:
SB21,1126,2219
102.23
(3) The record in any case shall be transmitted to the
department 20division within 5 days after expiration of the time for appeal from the order or
21judgment of the court, unless
an appeal
shall be is taken from
such that order or
22judgment.
SB21,2846
23Section
2846. 102.23 (5) of the statutes is amended to read:
SB21,1127,324
102.23
(5) When an action for review involves only the question of liability as
25between the employer and one or more insurance companies or as between several
1insurance companies, a party that has been ordered by the
department division, the
2commission, or a court to pay compensation is not relieved from paying compensation
3as ordered.
SB21,2847
4Section
2847. 102.24 (2) of the statutes is amended to read:
SB21,1127,135
102.24
(2) After the commencement of an action to review any
order or award
6of the commission
, the parties may have the record remanded by the court for such
7time and under such condition as
they the parties may provide, for the purpose of
8having the
department division act upon the question of approving or disapproving
9any settlement or compromise that the parties may desire to have so approved. If
10approved
, the action shall be at an end and judgment may be entered upon the
11approval as upon an award. If not approved
, the division shall immediately return 12the record
shall forthwith be returned to the circuit court and the action shall proceed
13as if no remand had been made.
SB21,2848
14Section
2848. 102.25 (1) of the statutes is amended to read:
SB21,1127,2515
102.25
(1) Any party aggrieved by a judgment entered upon the review of any
16order or award may appeal
therefrom the judgment within the
time period specified
17in s. 808.04 (1). A trial court
shall may not require the commission or any party to
18the action to execute, serve
, or file an undertaking under s. 808.07 or to serve, or
19secure approval of, a transcript of the notes of the stenographic reporter or the tape
20of the recording machine. The state is a party aggrieved under this subsection if a
21judgment is entered upon the review confirming any order or award against
it the
22state. At any time before the case is set down for hearing in the court of appeals or
23the supreme court, the parties may have the record remanded by the court to the
24department division in the same manner and for the same purposes as provided for
25remanding from the circuit court to the
department
division under s. 102.24 (2).
SB21,2849
1Section
2849. 102.26 (2) of the statutes is amended to read:
SB21,1128,142
102.26
(2) Unless previously authorized by the
department division, no fee may
3be charged or received for the enforcement or collection of any claim for
4compensation
, nor may any contract for that enforcement or collection be enforceable
5when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for that
6enforcement or collection, exceeds 20 percent of the amount at which
that the claim
7is compromised or of the amount awarded, adjudged, or collected, except that in cases
8of admitted liability in which there is no dispute as to the amount of compensation
9due and in which no hearing or appeal is necessary, the fee charged may not exceed
1010 percent, but not to exceed $250, of the amount at which
that the claim is
11compromised or of the amount awarded, adjudged, or collected. The limitation as to
12fees shall apply to the combined charges of attorneys, solicitors, representatives, and
13adjusters who knowingly combine their efforts toward the enforcement or collection
14of any compensation claim.
SB21,2850
15Section
2850. 102.26 (3) (b) 1. of the statutes is amended to read:
SB21,1128,1916
102.26
(3) (b) 1.
The department may
Subject to sub. (2), upon application of
17any interested party
and subject to sub. (2), the division may fix the fee of the
18claimant's attorney or representative and provide in the award for that fee to be paid
19directly to the attorney or representative.
SB21,2851
20Section
2851. 102.26 (3) (b) 3. of the statutes is amended to read:
SB21,1129,321
102.26
(3) (b) 3. The claimant may request the insurer or self-insured employer
22to pay any compensation that is due the claimant by depositing the payment directly
23into an account maintained by the claimant at a financial institution. If the insurer
24or self-insured employer agrees to the request, the insurer or self-insured employer
25may deposit the payment by direct deposit, electronic funds transfer, or any other
1money transfer technique approved by the
department division. The claimant may
2revoke a request under this subdivision at any time by providing appropriate written
3notice to the insurer or self-insured employer.
SB21,2852
4Section
2852. 102.26 (4) of the statutes is amended to read:
SB21,1129,115
102.26
(4) The charging or receiving of Any attorney or other person who
6charges or receives any fee in violation of this section
shall be unlawful, and the
7attorney or other person guilty thereof shall may be required to forfeit double the
8amount retained by the attorney or other person,
the same to which forfeiture shall 9be collected by the state in an action in debt
, upon complaint of the
department 10division. Out of the sum recovered the court shall direct payment to the injured party
11of the amount of the overcharge.
SB21,2853
12Section
2853. 102.27 (2) (b) of the statutes is amended to read:
SB21,1129,2413
102.27
(2) (b) If a governmental unit provides public assistance under ch. 49
14to pay medical costs or living expenses related to a claim under this chapter
and if
15the governmental unit has given the parties to the claim written notice stating that
16the governmental unit provided the assistance and the cost of that assistance, the
17employer or insurance carrier owing compensation shall reimburse that
18governmental unit
any compensation awarded or paid if the governmental unit has
19given the parties to the claim written notice stating that it provided the assistance
20and the cost of the assistance provided. Reimbursement shall equal the lesser of
21either for the amount of assistance the governmental unit provided or two-thirds of
22the amount of the award or payment remaining after deduction of attorney fees and
23any other fees or costs chargeable under ch. 102
, whichever is less. The
department 24office shall comply with this paragraph when making payments under s. 102.81.
SB21,2854
25Section
2854. 102.28 (2) (a) of the statutes is amended to read:
SB21,1130,10
1102.28
(2) (a)
Duty to insure payment for compensation. Unless exempted by
2the
department office under par. (b) or sub. (3), every employer, as described in s.
3102.04 (1), shall insure payment for
that compensation in an insurer authorized to
4do business in this state. A joint venture may elect to be an employer under this
5chapter and obtain insurance for payment of compensation. If a joint venture that
6is subject to this chapter only because the joint venture elected to be an employer
7under this chapter is dissolved and cancels or terminates its contract for the
8insurance of compensation under this chapter, that joint venture is
deemed 9considered to have effected withdrawal, which shall be effective on the day after the
10contract is canceled or terminated.
SB21,2855
11Section
2855. 102.28 (2) (b) of the statutes is amended to read:
SB21,1131,212
102.28
(2) (b)
Exemption from duty to insure. The
department office may grant
13a written order of exemption to an employer who shows its financial ability to pay
14the amount of compensation, agrees to report faithfully all compensable injuries
, and
15agrees to comply with this chapter and the rules of the
department office. The
16department office may condition the granting of an exemption upon the employer's
17furnishing of satisfactory security to guarantee payment of all claims
under for 18compensation. The
department office may require that bonds or other personal
19guarantees be enforceable against sureties in the same manner as an award may be
20enforced. The
department office may from time to time require proof of financial
21ability of the employer to pay compensation. Any exemption shall be void if the
22application for it contains a financial statement
which that is false in any material
23respect. An employer who files an application containing a false financial statement
24remains subject to par. (a). The
department office may promulgate rules establishing
25an amount to be charged to an initial applicant for exemption under this paragraph
1and an annual amount to be charged to employers that have been exempted under
2this paragraph.
SB21,2856
3Section
2856. 102.28 (2) (c) of the statutes is amended to read:
SB21,1131,234
102.28
(2) (c)
Revocation of exemption. The department, after After seeking the
5advice of the self-insurers council,
the office may revoke an exemption granted to an
6employer under par. (b), upon giving the employer 10 days' written notice, if the
7department office finds that the employer's financial condition is inadequate to pay
8its employees' claims for compensation, that the employer has received an excessive
9number of claims for compensation
, or that the employer has failed to discharge
10faithfully its obligations according to the agreement contained in the application for
11exemption.
The employer may, within Within 10 days after receipt of the notice of
12revocation,
the employer may request in writing a review of the revocation by the
13secretary commissioner or the
secretary's commissioner's designee and the
secretary 14commissioner or
the secretary's designee shall review the revocation within 30 days
15after receipt of the request for review. If the employer is aggrieved by the
16determination of the
secretary commissioner or the
secretary's commissioner's 17designee, the employer may, within 10 days after receipt of notice of that
18determination, request a hearing under s. 102.17. If the
secretary commissioner or
19the
secretary's commissioner's designee determines that the employer's exemption
20should be revoked, the employer shall obtain insurance coverage as required under
21par. (a) immediately upon receipt of notice of that determination and,
22notwithstanding the pendency of proceedings under ss. 102.17 to 102.25, shall keep
23that coverage in force until another exemption under par. (b) is granted.
SB21,2857
24Section
2857. 102.28 (2) (d) of the statutes is amended to read:
SB21,1132,6
1102.28
(2) (d)
Effect of insuring with unauthorized insurer. An employer who
2procures after procuring an exemption under par. (b)
and thereafter enters into any
3agreement for excess insurance coverage with an insurer not authorized to do
4business in this state shall report that agreement to the
department office 5immediately. The placing of
such that coverage shall not by itself be grounds for
6revocation of the exemption.
SB21,2858
7Section
2858. 102.28 (3) (a) (intro.) of the statutes is amended to read:
SB21,1132,148
102.28
(3) (a) (intro.) An employer may file with the
department office an
9application for exemption from the duty to pay compensation under this chapter with
10respect to any employee who signs the waiver described in subd. 1. and the affidavit
11described in subd. 2. if an authorized representative of the religious sect to which the
12employee belongs signs the affidavit specified in subd. 3. and the agreement
13described in subd. 4. An application for exemption under this paragraph shall
14include all of the following:
SB21,2859
15Section
2859. 102.28 (3) (b) (intro.) of the statutes is amended to read:
SB21,1132,1816
102.28
(3) (b) (intro.) The
department
office shall approve an application under
17par. (a) if the
department office determines that all of the following conditions are
18satisfied:
SB21,2860
19Section
2860. 102.28 (3) (b) 3. of the statutes is amended to read:
SB21,1133,320
102.28
(3) (b) 3. The religious sect to which the employee belongs has a
21long-established history of providing its members who become dependent on the
22religious sect as a result of work-related injuries, and the dependents of those
23members, with a standard of living and medical treatment that are reasonable when
24compared to the general standard of living and medical treatment for members of the
25religious sect. In determining whether the religious sect has a long-standing history
1of providing the financial and medical assistance described in this subdivision, the
2department office shall presume that a 25-year history of providing that financial
3and medical assistance is long-standing for purposes of this subdivision.
SB21,2861
4Section
2861. 102.28 (3) (c) of the statutes is amended to read:
SB21,1133,205
102.28
(3) (c) An employee who has signed a waiver under par. (a) 1. and an
6affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the
7employer would be liable for under s. 102.03, who at the time of the injury was a
8member of a religious sect whose authorized representative has filed an affidavit
9under par. (a) 3. and an agreement under par. (a) 4.
, and who as a result of the injury
10becomes dependent on the religious sect for financial and medical assistance, or the
11employee's dependent, may request a hearing under s. 102.17 (1) to determine if the
12religious sect has provided the employee and his or her dependents with a standard
13of living and medical treatment that are reasonable when compared to the general
14standard of living and medical treatment for members of the religious sect. If, after
15hearing, the
department division determines that the religious sect has not provided
16that standard of living or medical treatment, or both, the
department division may
17order the religious sect to provide alternative benefits to that employee or his or her
18dependent, or both, in an amount that is reasonable under the circumstances, but
19not in excess of the benefits that the employee or dependent could have received
20under this chapter but for the waiver under par. (a) 1.
SB21,2862
21Section
2862. 102.28 (3) (d) of the statutes is amended to read:
SB21,1134,222
102.28
(3) (d) The
department office shall provide a form for the application for
23exemption of an employer under par. (a) (intro.), the waiver and affidavit of an
24employee under par. (a) 1. and 2., the affidavit of a religious sect under par. (a) 3.
, and
25the agreement of a religious sect under par. (a) 4. A properly completed form is prima
1facie evidence of satisfaction of the conditions under par. (b) as to the matter
2contained in the form.
SB21,2863
3Section
2863. 102.28 (4) (a) of the statutes is amended to read:
SB21,1134,64
102.28
(4) (a) When the
department
office discovers an uninsured employer,
5the
department office may order the employer to cease operations until the employer
6complies with sub. (2).
SB21,2864
7Section
2864. 102.28 (4) (b) of the statutes is amended to read:
SB21,1134,128
102.28
(4) (b) If the
department
office believes that an employer may be an
9uninsured employer, the
department office shall notify the employer of the alleged
10violation of sub. (2) and the possibility of closure under this subsection. The employer
11may request and shall receive a hearing under s. 102.17 on the matter if the employer
12applies for a hearing within 10 days after the notice of the alleged violation is served.
SB21,2865
13Section
2865. 102.28 (4) (c) of the statutes is amended to read:
SB21,1134,1714
102.28
(4) (c) After a hearing under par. (b), or without a hearing if one is not
15requested, the
department division may issue an order to an employer to cease
16operations on a finding that the employer is an uninsured employer.
If no hearing
17is requested, the office may issue such an order.
SB21,2866
18Section
2866. 102.28 (4) (d) of the statutes is amended to read:
SB21,1134,2119
102.28
(4) (d) The department of justice may bring an action in any court of
20competent jurisdiction for an injunction or other remedy to enforce
the department's 21an order to cease operations under par. (c).
SB21,2867
22Section
2867. 102.28 (6) of the statutes is amended to read:
SB21,1135,623
102.28
(6) Reports by employer.
Every employer shall upon Upon request of
24the
department office, an employer shall report to
it the office the number of
25employees
and employed by the employer, the nature of their work
and also, the
1name of the insurance company with
whom
which the employer has insured
its 2liability under this chapter
, and the
policy number and date of expiration of
such the 3policy
insuring that liability. Failure to furnish
such a report
requested under this
4subsection within 10 days
from the making of a request after the request is sent to
5the employer by certified mail
shall constitute
constitutes presumptive evidence that
6the
delinquent employer is
violating
in violation of sub. (2).
SB21,2868
7Section
2868. 102.28 (7) (a) of the statutes is amended to read:
SB21,1135,228
102.28
(7) (a) If an employer who is currently or was formerly exempted
by
9written order of the department under sub. (2) is unable to pay an award, judgment
10is rendered in accordance with s. 102.20 against that employer, and execution is
11levied and returned unsatisfied in whole or in part, payments for the employer's
12liability shall be made from the fund established under sub. (8). If a currently or
13formerly exempted employer files for bankruptcy and
if not less than 60 days after
14that filing the
department office has reason to believe that compensation payments
15due are not being paid, the
department office in its discretion may make payment for
16the employer's liability from the fund established under sub. (8). The secretary of
17administration shall proceed to recover
such those payments from the employer or
18the employer's receiver or trustee in bankruptcy
, and may commence an action or
19proceeding or file a claim
therefor to recover those payments. The attorney general
20shall appear on behalf of the secretary of administration in any such action or
21proceeding. All moneys recovered in any such action or proceeding shall be paid into
22the fund established under sub. (8).
SB21,2869
23Section
2869. 102.28 (7) (b) of the statutes is amended to read:
SB21,1136,1824
102.28
(7) (b)
Each Upon the issuance of an initial order exempting an
25employer under sub. (2), the employer exempted
by written order of the department
1under sub. (2) shall pay into the fund established
by under sub. (8) a sum equal to
2that the amount assessed against each of the other
such exempt employers
upon the
3issuance of an initial order that are exempt under sub. (2). The order shall provide
4for a sum
that is sufficient to secure estimated payments of the insolvent exempt
5employer due for the period up to the date of the order and for one year following the
6date of the order and to pay the estimated cost of insurance carrier or insurance
7service organization services under par. (c). Payments ordered to be made to the fund
8shall be paid to the
department office within 30 days
after the date of the order. If
9additional moneys are required, further assessments shall be made based on orders
10of the
department office with
assessment those assessments to be prorated on the
11basis of the gross payroll for this state of the exempt employer,
as reported to the
12department
of workforce development for the previous calendar year for
13unemployment insurance purposes under ch. 108. If the exempt employer is not
14covered under ch. 108,
then the
department office shall determine the comparable
15gross payroll for the exempt employer. If payment of any assessment made under
16this
subsection paragraph is not made within 30 days
of after the date of the order
17of the
department office, the attorney general may appear on behalf of the state to
18collect the assessment.
SB21,2870
19Section
2870. 102.28 (7) (c) of the statutes is amended to read:
SB21,1136,2320
102.28
(7) (c) The
department office may retain an insurance carrier or
21insurance service organization to process, investigate
, and pay valid claims. The
22charge for
such service those services shall be paid from the fund as provided under
23par. (b).
SB21,2871
24Section
2871. 102.28 (8) of the statutes is amended to read:
SB21,1137,5
1102.28
(8) Self-insured employers liability fund. The moneys paid into the
2state treasury under sub. (7), together with all accrued interest, shall constitute a
3separate nonlapsible fund designated as the self-insured employers liability fund.
4Moneys in the fund may be expended only as provided in s.
20.445 (1) 20.145 (6) (s)
5and may not be used for
an any other purpose of the state.
SB21,2872
6Section
2872. 102.29 (1) (a) of the statutes is amended to read:
SB21,1137,237
102.29
(1) (a) The making of a claim for compensation against an employer or
8compensation insurer for the injury or death of an employee
shall does not affect the
9right of the employee, the employee's personal representative, or other person
10entitled to bring action to make
a claim or maintain an action in tort against any
11other party for
such that injury or death, hereinafter referred to as a 3rd party; nor
12shall does the making of a claim by any such person against a 3rd party for damages
13by reason of an injury to which ss. 102.03 to 102.66 are applicable, or the adjustment
14of any such claim, affect the right of the injured employee or the employee's
15dependents to recover compensation. An employer or compensation insurer that has
16paid or is obligated to pay a lawful claim under this chapter shall have the same right
17to make
a claim or maintain an action in tort against any other party for
such that 18injury or death. If the
department office pays or is obligated to pay a claim under s.
19102.66 (1) or 102.81 (1), the
department office shall also have the right to
make a
20claim or maintain an action in tort against any other party for the employee's injury
21or death. However, each
party shall give to the other
parties reasonable notice
and,
22the opportunity to join in the making of such
a claim or the instituting of
such an
23action
, and
the opportunity to be represented by counsel.
SB21,2873
24Section
2873. 102.29 (1) (b) (intro.) of the statutes is amended to read:
SB21,1138,11
1102.29
(1) (b) (intro.) If a party entitled to notice cannot be found, the
2department office shall become the agent of that party for the giving of a notice as
3required in par. (a) and the notice, when given to the
department office, shall include
4an affidavit setting forth the facts, including the steps taken to locate that party.
5Each
party shall have an equal voice in the prosecution of the claim, and any disputes
6arising shall be passed upon by the court before whom the case is pending, and if no
7action is pending, then by a court of record or by the
department division. If notice
8is given as provided in par. (a), the liability of the tort-feasor shall be determined as
9to all parties having a right to make claim and, irrespective of whether
or not all
10parties join in prosecuting the claim, the proceeds of the claim shall be divided as
11follows:
SB21,2874
12Section
2874. 102.29 (1) (b) 2. of the statutes is amended to read:
SB21,1138,2013
102.29
(1) (b) 2. Out of the balance remaining after the deduction and payment
14specified in subd. 1., the employer, the insurance carrier, or, if applicable, the
15uninsured employers fund or the work injury supplemental benefit fund shall be
16reimbursed for all payments made by the employer, insurance carrier, or
department 17office, or
which that the employer, insurance carrier, or
department office may be
18obligated to make in the future, under this chapter, except that the employer,
19insurance carrier, or
department office shall not be reimbursed for any payments
20made or to be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57, or 102.60.
SB21,2875
21Section
2875. 102.29 (1) (c) of the statutes is amended to read:
SB21,1139,222
102.29
(1) (c) If both the employee or the employee's personal representative
23or other person entitled to bring action, and the employer, compensation insurer, or
24department office, join in the pressing of said claim and are represented by counsel,
25the attorney fees allowed as a part of the costs of collection shall be, unless otherwise
1agreed upon, divided between the attorneys for those parties as directed by the court
2or by the
department division.
SB21,2876
3Section
2876. 102.29 (1) (d) of the statutes is amended to read:
SB21,1139,74
102.29
(1) (d) A settlement of a 3rd-party claim shall be void unless the
5settlement and the distribution of the proceeds of the settlement are approved by the
6court before whom the action is pending or, if no action is pending, then by a court
7of record or by the
department division.
SB21,2877
8Section
2877. 102.29 (4) of the statutes is amended to read:
SB21,1139,159
102.29
(4) If the employer and the 3rd party are insured by the same insurer,
10or by
the insurers who are under common control, the employer's insurer shall
11promptly notify the parties in interest and the
department office. If the employer has
12assumed the liability of the 3rd party,
it the employer shall give similar notice, in
13default of which any settlement with an injured employee or beneficiary is void. This
14subsection does not prevent the employer or compensation insurer from sharing in
15the proceeds of any 3rd-party claim or action
, as set forth as provided in sub. (1).
SB21,2878
16Section
2878. 102.29 (8) of the statutes is amended to read:
SB21,1139,2317
102.29
(8) No student of a public school,
as described in s. 115.01 (1), or a private
18school,
as defined in s. 115.001 (3r), or an institution of higher education who is
19named under s. 102.077 as an employee of the school district
, private school
, or
20institution of higher education for purposes of this chapter and who makes a claim
21for compensation under this chapter may make a claim or maintain an action in tort
22against the employer that provided the work training or work experience from which
23the claim arose.
SB21,2879
24Section
2879. 102.30 (7) (a) of the statutes is amended to read:
SB21,1140,6
1102.30
(7) (a) The
department office may order direct reimbursement out of the
2proceeds payable under this chapter for payments made under a nonindustrial
3insurance policy covering the same disability and expenses compensable under s.
4102.42 when the claimant consents or when it is established that the payments under
5the nonindustrial insurance policy were improper. No attorney fee is due with
6respect to that reimbursement.
SB21,2880
7Section
2880. 102.31 (1) (b) of the statutes is amended to read:
SB21,1140,118
102.31
(1) (b) Except as provided in par. (c), a contract under par. (a) shall be
9construed to grant full coverage of all liability of the assured under this chapter
10unless the
department office specifically consents by written order to the issuance
11of a contract providing divided insurance or partial insurance.
SB21,2881
12Section
2881. 102.31 (2) (a) of the statutes is amended to read:
SB21,1141,913
102.31
(2) (a) No party to a contract of insurance may cancel the contract within
14the contract period or terminate or
not renew nonrenew the contract upon the
15expiration date
of the contract until a notice in writing is given to the other party
16fixing the proposed date of cancellation or declaring that the party intends to
17terminate or
does not intend to renew nonrenew the
policy contract upon expiration.
18Except as provided in par. (b), when an insurance company
does not renew 19nonrenews a
policy contract upon expiration, the nonrenewal is not effective until 60
20days after the insurance company has given written notice of the nonrenewal to the
21insured employer and the
department office. Cancellation or termination of a
policy 22contract by an insurance company for any reason other than nonrenewal is not
23effective until 30 days after the insurance company has given written notice of the
24cancellation or termination to the insured employer and the
department office.
25Notice to the
department office may be given by personal service of the notice upon
1the
department office at its office in Madison or by sending the notice to the
2department office in a medium approved by the
department office. The
department 3office may provide by rule that
the
a notice of cancellation or termination be given
4to the Wisconsin compensation rating bureau rather than to the
department office 5in a medium approved by the
department office after consultation with the
6Wisconsin compensation rating bureau. Whenever the Wisconsin compensation
7rating bureau receives
such a notice of cancellation or termination
it that bureau 8shall immediately notify the
department office of the notice of cancellation or
9termination.
SB21,2882
10Section
2882. 102.31 (3) of the statutes is amended to read:
SB21,1141,1811
102.31
(3) The
department office may examine from time to time the books and
12records of any insurer insuring
the liability
or for compensation
for of an employer
13in this state
. The department may require an insurer to designate one mailing
14address for use by the department and to respond to correspondence from the
15department within 30 days as provided in s. 601.42. Any insurer that refuses or fails
16to answer correspondence from the department or to allow the department to
17examine its books and records
as required under s. 601.42 is subject to enforcement
18proceedings under s. 601.64.
SB21,2883
19Section
2883. 102.31 (4) of the statutes is amended to read:
SB21,1142,520
102.31
(4) If any insurer authorized to transact worker's compensation
21insurance in this state fails to promptly pay claims for compensation for which
it the
22insurer is liable or fails to make reports to the
department office required
by under 23s. 102.38,
the department may recommend to the commissioner of insurance, with
24detailed reasons, that enforcement proceedings under s. 601.64 be invoked. The
25commissioner shall furnish a copy of the recommendation to the insurer and shall
1set a date for a hearing, at which both the insurer and the department shall be
2afforded an opportunity to present evidence. If after the hearing the commissioner
3finds that the insurer has failed to carry out its obligations under this chapter, the
4commissioner
shall may institute enforcement proceedings under s. 601.64.
If the
5commissioner does not so find, the commissioner shall dismiss the complaint.
SB21,2884
6Section
2884. 102.31 (5) of the statutes is amended to read:
SB21,1142,117
102.31
(5) If any employer whom the
department office has exempted from
8carrying the duty to carry compensation insurance arbitrarily or unreasonably
9refuses employment to or discharges
employees an employee because of a
10nondisabling physical condition, the
department office shall revoke the exemption
11of that employer.
SB21,2885
12Section
2885. 102.31 (6) of the statutes is repealed.
SB21,2886
13Section
2886. 102.31 (7) of the statutes is amended to read:
SB21,1142,2214
102.31
(7) If the
department office by one or more written orders specifically
15consents to the issuance of one or more contracts covering only the liability incurred
16on a construction project and if the construction project owner designates the
17insurance carrier and pays for each such contract, the construction project owner
18shall reimburse the
department office for all costs incurred by the
department office 19in issuing the written orders and in ensuring minimum confusion and maximum
20safety on the construction project. All moneys received under this subsection shall
21be deposited in the worker's compensation operations fund and credited to the
22appropriation account under s.
20.445 (1) 20.145 (6) (rb).
SB21,2887
23Section
2887. 102.31 (8) of the statutes is amended to read:
SB21,1143,924
102.31
(8) The Wisconsin compensation rating bureau shall provide the
25department office with any information that the
department office may request
1relating to worker's compensation insurance coverage, including the names of
2employers insured and any insured employer's address, business status, type and
3date of coverage, manual premium code, and policy information including
policy 4numbers, cancellations, terminations, endorsements, and reinstatement dates. The
5department office may enter into contracts with the Wisconsin compensation rating
6bureau to share the costs of data processing and other services. No information
7obtained by the
department office under this subsection may be made public by the
8department office except as authorized by the Wisconsin compensation rating
9bureau.