SB21: Bill Text

SB21,1139,23 102.29 (8) No student of a public school, as described in s. 115.01 (1), or a private school, as defined in s. 115.001 (3r), or an institution of higher education who is named under s. 102.077 as an employee of the school district, private school, or institution of higher education for purposes of this chapter and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer that provided the work training or work experience from which the claim arose.

SB21,2879 Section 2879. 102.30 (7) (a) of the statutes is amended to read:

SB21,1140,6 102.30 (7) (a) The department office may order direct reimbursement out of the proceeds payable under this chapter for payments made under a nonindustrial insurance policy covering the same disability and expenses compensable under s. 102.42 when the claimant consents or when it is established that the payments under the nonindustrial insurance policy were improper. No attorney fee is due with respect to that reimbursement.

SB21,2880 Section 2880. 102.31 (1) (b) of the statutes is amended to read:

SB21,1140,11 102.31 (1) (b) Except as provided in par. (c), a contract under par. (a) shall be construed to grant full coverage of all liability of the assured under this chapter unless the department office specifically consents by written order to the issuance of a contract providing divided insurance or partial insurance.

SB21,2881 Section 2881. 102.31 (2) (a) of the statutes is amended to read:

SB21,1141,9 102.31 (2) (a) No party to a contract of insurance may cancel the contract within the contract period or terminate or not renew nonrenew the contract upon the expiration date of the contract 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 nonrenew the policy contract upon expiration. Except as provided in par. (b), when an insurance company does not renew nonrenews a policy contract 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 office. Cancellation or termination of a policy contract 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 office. Notice to the department office may be given by personal service of the notice upon the department office at its office in Madison or by sending the notice to the department office in a medium approved by the department office. The department office may provide by rule that the a notice of cancellation or termination be given to the Wisconsin compensation rating bureau rather than to the department office in a medium approved by the department office after consultation with the Wisconsin compensation rating bureau. Whenever the Wisconsin compensation rating bureau receives such a notice of cancellation or termination it that bureau shall immediately notify the department office of the notice of cancellation or termination.

SB21,2882 Section 2882. 102.31 (3) of the statutes is amended to read:

SB21,1141,18 102.31 (3) The department office may examine from time to time the books and records of any insurer insuring the liability or for compensation for of an employer in this state. The department may require an insurer to designate one mailing address for use by the department and to respond to correspondence from the department within 30 days as provided in s. 601.42. Any insurer that refuses or fails to answer correspondence from the department or to allow the department to examine its books and records as required under s. 601.42 is subject to enforcement proceedings under s. 601.64.

SB21,2883 Section 2883. 102.31 (4) of the statutes is amended to read:

SB21,1142,5 102.31 (4) If any insurer authorized to transact worker's compensation insurance in this state fails to promptly pay claims for compensation for which it the insurer is liable or fails to make reports to the department office required by under s. 102.38, the department may recommend to the commissioner of insurance, with detailed reasons, that enforcement proceedings under s. 601.64 be invoked. The commissioner shall furnish a copy of the recommendation to the insurer and shall set a date for a hearing, at which both the insurer and the department shall be afforded an opportunity to present evidence. If after the hearing the commissioner finds that the insurer has failed to carry out its obligations under this chapter, the commissioner shall may institute enforcement proceedings under s. 601.64. If the commissioner does not so find, the commissioner shall dismiss the complaint.

SB21,2884 Section 2884. 102.31 (5) of the statutes is amended to read:

SB21,1142,11 102.31 (5) If any employer whom the department office has exempted from carrying the duty to carry compensation insurance arbitrarily or unreasonably refuses employment to or discharges employees an employee because of a nondisabling physical condition, the department office shall revoke the exemption of that employer.

SB21,2885 Section 2885. 102.31 (6) of the statutes is repealed.

SB21,2886 Section 2886. 102.31 (7) of the statutes is amended to read:

SB21,1142,22 102.31 (7) If the department office by one or more written orders specifically consents to the issuance of one or more contracts covering only the liability incurred on a construction project and if the construction project owner designates the insurance carrier and pays for each such contract, the construction project owner shall reimburse the department office for all costs incurred by the department office in issuing the written orders and in ensuring minimum confusion and maximum safety on the construction project. All moneys received under this subsection shall be deposited in the worker's compensation operations fund and credited to the appropriation account under s. 20.445 (1) 20.145 (6) (rb).

SB21,2887 Section 2887. 102.31 (8) of the statutes is amended to read:

SB21,1143,9 102.31 (8) The Wisconsin compensation rating bureau shall provide the department office with any information that the department office may request relating to worker's compensation insurance coverage, including the names of employers insured and any insured employer's address, business status, type and date of coverage, manual premium code, and policy information including policy numbers, cancellations, terminations, endorsements, and reinstatement dates. The department office may enter into contracts with the Wisconsin compensation rating bureau to share the costs of data processing and other services. No information obtained by the department office under this subsection may be made public by the department office except as authorized by the Wisconsin compensation rating bureau.

SB21,2888 Section 2888. 102.315 (4) of the statutes is amended to read:

SB21,1144,2 102.315 (4) Master policy; approval required. An employee leasing company may insure its liability under sub. (2) by obtaining a master policy that has been approved by the commissioner of insurance as provided in this subsection. The commissioner of insurance may approve the issuance of a master policy if the insurer proposing to issue the master policy submits a filing to the bureau showing that the insurer has the technological capacity and operation capability to provide to the bureau information, including unit statistical data, information concerning proof of coverage and cancellation, termination, and nonrenewal of coverage, and any other information that the bureau may require, at the client level and in a format required by the bureau and the bureau submits the filing to the commissioner of insurance for approval under s. 626.13. A master policy filing under this subsection shall also establish basic manual rules governing the issuance of an insurance policy covering the leased employees of a divided workforce that are consistent with sub. (6) and the cancellation, termination, and nonrenewal of policies that are consistent with sub. (10). On approval by the commissioner of insurance of a master policy filing, an insurer may issue a master policy to an employee leasing company insuring the liability of the employee leasing company under sub. (2).

SB21,2889 Section 2889. 102.315 (5) (b) (intro.) of the statutes is amended to read:

SB21,1144,7 102.315 (5) (b) (intro.) Within 30 days after the effective date of an employee leasing agreement with a small client that is covered under a master policy under par. (a), the employee leasing company shall report to the department office all of the following information:

SB21,2890 Section 2890. 102.315 (5) (c) of the statutes is amended to read:

SB21,1144,17 102.315 (5) (c) Within 30 days after the effective date of coverage of a small client under a master policy under par. (a), the insurer or, if authorized by the insurer, the employee leasing company shall file proof of that coverage with the department office. Coverage of a small client under a master policy becomes binding when the insurer or employee leasing company files proof of that coverage under this paragraph or provides notice of coverage to the small client, whichever occurs first. Nothing in this paragraph requires an employee leasing company or an employee of an employee leasing company to be licensed as an insurance intermediary under ch. 628.

SB21,2891 Section 2891. 102.315 (6) (a) of the statutes is amended to read:

SB21,1145,3 102.315 (6) (a) If a client notifies the department office as provided under par. (b) of its intent to have a divided workforce, an insurer may issue a worker's compensation insurance policy covering only the leased employees of the client. An insurer that issues a policy covering only the leased employees of a client is not liable under s. 102.03 for any compensation payable under this chapter to an employee of the client who is not a leased employee unless the insurer also issues a policy covering that employee. A client that has a divided workforce shall insure its employees who are not leased employees in the voluntary market and may not insure those employees under the mandatory risk-sharing plan under s. 619.01 unless the leased employees of the client are covered under that plan.

SB21,2892 Section 2892. 102.315 (6) (b) (intro.) of the statutes is amended to read:

SB21,1145,7 102.315 (6) (b) (intro.) A client that intends to have a divided workforce shall notify the department office of that intent on a form prescribed by the department office that includes all of the following:

SB21,2893 Section 2893. 102.315 (6) (b) 1. of the statutes is amended to read:

SB21,1145,12 102.315 (6) (b) 1. The names and mailing addresses of the client and the employee leasing company, the effective date of the employee leasing agreement, a description of the employees of the client who are not leased employees, and such other information as the department office may require.

SB21,2894 Section 2894. 102.315 (6) (b) 3. of the statutes is amended to read:

SB21,1145,20 102.315 (6) (b) 3. An agreement by the client to assume full responsibility to immediately pay all compensation and other payments payable under this chapter as may be required by the department office should a dispute arise between 2 or more insurers as to liability under this chapter for an injury sustained while a divided workforce plan is in effect, pending final resolution of that dispute. This subdivision does not preclude a client from insuring that responsibility in an insurer authorized to do business in this state.

SB21,2895 Section 2895. 102.315 (6) (d) of the statutes is amended to read:

SB21,1145,24 102.315 (6) (d) When the department office receives a notification under par. (b), the department office shall immediately provide a copy of the notification to the bureau.

SB21,2896 Section 2896. 102.315 (6) (e) 1. of the statutes is amended to read:

SB21,1146,4 102.315 (6) (e) 1. If a client intends to terminate a divided workforce plan, the client shall notify the department office of that intent on a form prescribed by the department office. Termination of a divided workforce plan by a client is not effective until 10 days after notice of the termination is received by the department office.

SB21,2897 Section 2897. 102.315 (6) (e) 2. of the statutes is amended to read:

SB21,1146,13 102.315 (6) (e) 2. If an insurer cancels, terminates, or does not renew nonrenews a worker's compensation insurance policy issued under a divided workforce plan that covers in the voluntary market the employees of a client who are not leased employees, the divided workforce plan is terminated on the effective date of the cancellation, termination, or nonrenewal of the policy, unless the client submits evidence under par. (c) that both the leased employees of the client and the employees of the client who are not leased employees are covered under a mandatory risk-sharing plan.

SB21,2898 Section 2898. 102.315 (6) (e) 3. of the statutes is amended to read:

SB21,1146,20 102.315 (6) (e) 3. If an insurer cancels, terminates, or does not renew nonrenews a worker's compensation insurance policy issued under a divided workforce plan that covers under the mandatory risk-sharing plan under s. 619.01 the employees of a client who are not leased employees, the divided workforce plan is terminated on the effective date of the cancellation, termination, or nonrenewal of the policy.

SB21,2899 Section 2899. 102.315 (9) (a) of the statutes is amended to read:

SB21,1146,25 102.315 (9) (a) An insurer that issues a policy under sub. (3), (4), or (5) (a) may charge a premium for coverage under that policy that complies with the applicable classifications, rules, rates, and rating plans filed with and approved by the commissioner of insurance under s. 626.13.

SB21,2900 Section 2900. 102.315 (10) (a) 2. of the statutes is amended to read:

SB21,1147,7 102.315 (10) (a) 2. The insureds under a policy described in subd. 1. may cancel the policy during the policy period if both the employee leasing company and the client agree to the cancellation, the cancellation is confirmed by the employee leasing company promptly providing written confirmation of the cancellation to the client or by the client agreeing to the cancellation in writing, and the insurer provides written notice of the cancellation to the department office as required under s. 102.31 (2) (a).

SB21,2901 Section 2901. 102.315 (10) (a) 3. of the statutes is amended to read:

SB21,1147,22 102.315 (10) (a) 3. Subject to subd. 4., an insurer may cancel, terminate, or nonrenew a policy described in subd. 1. by providing written notice of the cancellation, termination, or nonrenewal to the insured employee leasing company and to the department office as required under s. 102.31 (2) (a) and by providing that notice to the insured client. The insurer is not required to state in the notice to the insured client the facts on which the decision to cancel, terminate, or nonrenew the policy is based. Except as provided in s. 102.31 (2) (b), cancellation or termination of a policy under this subdivision for any reason other than nonrenewal is not effective until 30 days after the insurer has provided written notice of the cancellation or termination to the insured employee leasing company, the insured client, and the department office. Except as provided in s. 102.31 (2) (b), nonrenewal of a policy under this subdivision is not effective until 60 days after the insurer has provided written notice of the cancellation or termination to the insured employee leasing company, the insured client, and the department office.

SB21,2902 Section 2902. 102.315 (10) (a) 4. of the statutes is amended to read:

SB21,1148,10 102.315 (10) (a) 4. If an employee leasing company terminates an employee leasing agreement with a client in its entirety, an insurer may cancel or terminate a policy described in subd. 1. covering that client during the policy period by providing written notice of the cancellation or termination to the insured employee leasing company and the department office as required under s. 102.31 (2) (a) and by providing that notice to the insured client. The insurer shall state in the notice to the insured client that the policy is being cancelled or terminated due to the termination of the employee leasing agreement. Except as provided in s. 102.31 (2) (b), cancellation or termination of a policy under this subdivision is not effective until 30 days after the insurer has provided written notice of the cancellation or termination to the insured employee leasing company, the insured client, and the department office.

SB21,2903 Section 2903. 102.315 (10) (b) 2. of the statutes is amended to read:

SB21,1148,17 102.315 (10) (b) 2. The insureds under a policy described in subd. 1. may cancel the policy during the policy period if both the employee leasing company and the client agree to the cancellation, the cancellation is confirmed by the employee leasing company promptly providing written confirmation of the cancellation to the client or by the client agreeing to the cancellation in writing, and the insurer provides written notice of the cancellation to the department office as required under s. 102.31 (2) (a).

SB21,2904 Section 2904. 102.315 (10) (b) 3. of the statutes is amended to read:

SB21,1149,6 102.315 (10) (b) 3. An insurer may cancel, terminate, or nonrenew a policy described in subd. 1., including cancellation or termination of a policy providing continued coverage under subd. 4., by providing written notice of the cancellation, termination, or nonrenewal to the insured employee leasing company and to the department office as required under s. 102.31 (2) (a) and by providing that notice to the insured client. Except as provided in s. 102.31 (2) (b), cancellation or termination of a policy under this subdivision for any reason other than nonrenewal is not effective until 30 days after the insurer has provided written notice of the cancellation or termination to the insured employee leasing company, the insured client, and the department office. Except as provided in s. 102.31 (2) (b), nonrenewal of a policy under this subdivision is not effective until 60 days after the insurer has provided written notice of the cancellation or termination to the insured employee leasing company, the insured client, and the department office.

SB21,2905 Section 2905. 102.32 (1m) (intro.) of the statutes is amended to read:

SB21,1149,12 102.32 (1m) (intro.) In any case in which compensation payments for an injury have extended or will extend over 6 months or more after the date of the injury or in any case in which death benefits are payable, any party in interest may, in the discretion of the department office, be discharged from, or compelled to guarantee, future compensation payments by doing any of the following:

SB21,2906 Section 2906. 102.32 (1m) (a) of the statutes is amended to read:

SB21,1149,16 102.32 (1m) (a) Depositing the present value of the total unpaid compensation upon a 5 percent interest discount basis with a credit union, savings bank, savings and loan association, bank, or trust company designated by the department office.

SB21,2907 Section 2907. 102.32 (1m) (c) of the statutes is amended to read:

SB21,1149,19 102.32 (1m) (c) Making payment in gross upon a 5 percent interest discount basis to be approved by the department office.

SB21,2908 Section 2908. 102.32 (1m) (d) of the statutes is amended to read:

SB21,1150,9 102.32 (1m) (d) In cases in which the time for making payments or the amounts of payments cannot be definitely determined, furnishing a bond, or other security, satisfactory to the department office for the payment of compensation as may be due or become due. The acceptance of the bond, or other security, and the form and sufficiency of the bond or other security, shall be subject to the approval of the department office. If the employer or insurer is unable or fails to immediately procure the bond, then, the employer or insurer, in lieu of procuring the bond, shall deposit shall be made with a credit union, savings bank, savings and loan association, bank, or trust company designated by the department, of office the maximum amount that may reasonably become payable in these those cases, to be determined by the department office at amounts consistent with the extent of the injuries and the law. The bonds and deposits are to may be reduced only to satisfy claims and may be withdrawn only after the claims which they are to guarantee are fully satisfied or liquidated under par. (a), (b), or (c).

SB21,2909 Section 2909. 102.32 (5) of the statutes is amended to read:

SB21,1150,18 102.32 (5) Any insured employer may, within in the discretion of the department office, compel the insurer to discharge, or to guarantee payment of, the employer's liabilities in any case described in sub. (1m) and thereby by that discharge or guarantee release the employer from compensation liability for compensation in that case, but except that if for any reason a bond furnished or deposit made under sub. (1m) (d) does not fully protect the beneficiary of the bond or deposit, the compensation insurer or insured employer, as the case may be, shall still be liable to the that beneficiary of the bond or deposit.

SB21,2910 Section 2910. 102.32 (6) (b) of the statutes is amended to read:

SB21,1151,2 102.32 (6) (b) Subject to par. (d), if the employer or the employer's insurer concedes liability for an injury that results in permanent disability and if the extent of the permanent disability can be determined based on a minimum permanent disability rating promulgated by the department office by rule, compensation for permanent disability shall begin within 30 days after the end of the employee's healing period or the date on which compensation for temporary disability ends due to the employee's return to work, whichever is earlier.

SB21,2911 Section 2911. 102.32 (6) (d) of the statutes is amended to read:

SB21,1151,7 102.32 (6) (d) The department office shall promulgate rules for determining when compensation for permanent disability shall begin in cases in which the employer or the employer's insurer concedes liability, but disputes the extent of permanent disability.

SB21,2912 Section 2912. 102.32 (6) (e) of the statutes is amended to read:

SB21,1151,13 102.32 (6) (e) Payments for permanent disability, including payments based on minimum permanent disability ratings promulgated by the department office by rule, shall continue on a monthly basis and shall accrue and be payable between intermittent periods of temporary disability so long as the employer or insurer knows the nature of the permanent disability.

SB21,2913 Section 2913. 102.32 (6m) of the statutes is amended to read:

SB21,1151,21 102.32 (6m) The department office may direct an advance on a payment of unaccrued compensation for permanent disability or death benefits if the department office determines that the advance payment is in the best interest of the injured employee or the employee's dependents. In directing the advance, the department office shall give the employer or the employer's insurer an interest credit against its liability. The credit shall be computed at 5 percent. An injured employee or dependent may receive no more than 3 advance payments per calendar year.

SB21,2914 Section 2914. 102.32 (7) of the statutes is amended to read:

SB21,1152,2 102.32 (7) No lump sum settlement shall be allowed in any case of permanent total disability upon an estimated life expectancy, except upon consent of all parties, after hearing and finding by the department division that the interests of the injured employee will be conserved thereby by the lump sum settlement.

SB21,2915 Section 2915. 102.33 (title) of the statutes is amended to read:

SB21,1152,4 102.33 (title) Department forms Forms and records; public access.

SB21,2916 Section 2916. 102.33 (1) of the statutes is amended to read:

SB21,1152,10 102.33 (1) The department office and the division shall print and furnish free to any employer or employee any blank forms that the department considers are necessary to facilitate efficient administration of this chapter. The department office and the division shall keep any record books or records that the department considers are necessary for the proper and efficient administration of this chapter.

SB21,2917 Section 2917. 102.33 (2) (a) of the statutes is amended to read:

SB21,1152,15 102.33 (2) (a) Except as provided in pars. (b) and (c), the records of the department, and the records of the commission, the office, and the division related to the administration of this chapter are subject to inspection and copying under s. 19.35 (1).

SB21,2918 Section 2918. 102.33 (2) (b) (intro.) of the statutes is amended to read:

SB21,1153,4 102.33 (2) (b) (intro.) Except as provided in this paragraph and par. (d), a record maintained by the department or by the commission , by the office, or by the division that reveals the identity of an employee who claims worker's compensation benefits, the nature of the employee's claimed injury, the employee's past or present medical condition, the extent of the employee's disability, or the amount, type, or duration of benefits paid to the employee and a record maintained by the department office that reveals any financial information provided to the department office by a self-insured employer or by an applicant for exemption under s. 102.28 (2) (b) are confidential and not open to public inspection or copying under s. 19.35 (1). The department or commission, the office, or the division may deny a request made under s. 19.35 (1) or, subject to s. 102.17 (2m) and (2s), refuse to honor a subpoena issued by an attorney of record in a civil or criminal action or special proceeding to inspect and copy a record that is confidential under this paragraph, unless one any of the following applies:

SB21,2919 Section 2919. 102.33 (2) (b) 1. of the statutes is amended to read:

SB21,1153,10 102.33 (2) (b) 1. The requester is the employee who is the subject of the record or an attorney or authorized agent of that employee. An attorney or authorized agent of an employee who is the subject of a record shall provide a written authorization for inspection and copying from the employee if requested by the department or the commission, the office, or the division.

SB21,2920 Section 2920. 102.33 (2) (b) 2. of the statutes is amended to read:

SB21,1153,24 102.33 (2) (b) 2. The record that is requested contains confidential information concerning a worker's compensation claim and the requester is an insurance carrier or employer that is a party to any worker's compensation claim involving the same employee or an attorney or authorized agent of that insurance carrier or employer, except that the department or the commission, the office, or the division is not required to do a random search of its records and may require the requester to provide the approximate date of the injury and any other relevant information that would assist the department or the commission, the office, or the division in finding the record requested. An attorney or authorized agent of an insurance carrier or employer that is a party to an employee's worker's compensation claim shall provide a written authorization for inspection and copying from the insurance carrier or employer if requested by the department or the commission, the office, or the division.

SB21,2921 Section 2921. 102.33 (2) (b) 3. of the statutes is amended to read:

SB21,1154,8 102.33 (2) (b) 3. The record that is requested contains financial information provided by a self-insured employer or by an applicant for exemption under s. 102.28 (2) (b) and the requester is the self-insured employer or applicant for exemption or an attorney or authorized agent of the self-insured employer or applicant for exemption. An attorney or authorized agent of the self-insured employer or of the applicant for exemption shall provide a written authorization for inspection and copying from the self-insured employer or applicant for exemption if requested by the department office.

SB21,2922 Section 2922. 102.33 (2) (b) 4. of the statutes is amended to read:

SB21,1154,11 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the department or the commission, the office, or the division to release the record.

SB21,2923 Section 2923. 102.33 (2) (c) of the statutes is amended to read: