SB21: Bill Text

SB21,2943 Section 2943. 102.44 (1) (ag) of the statutes is amended to read:

SB21,1162,10 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury that occurred prior to January 1, 2001, shall receive supplemental benefits that shall be payable in the first instance by the employer or, subject to par. (c), the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department out of the fund created under s. 102.65. Those supplemental benefits shall be paid only for weeks of disability occurring after January 1, 2003, and shall continue during the period of such total disability subsequent to that date.

SB21,2944 Section 2944 . 102.44 (1) (ag) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1162,22 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury that occurred prior to January 1, 2001, shall receive supplemental benefits that shall be payable by the employer or, subject to par. (c), the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department office out of the fund created under s. 102.65. Those supplemental benefits shall be paid only for weeks of disability occurring after January 1, 2003, and shall continue during the period of such total disability subsequent to that date.

SB21,2945 Section 2945. 102.44 (1) (c) of the statutes is renumbered 102.44 (1) (c) 1. and amended to read:

SB21,1163,9 102.44 (1) (c) 1. Subject to any certificate filed under s. 102.65 (4), an employer or An insurance carrier paying the supplemental benefits required under this subsection shall be entitled to reimbursement for each such case from the fund established by s. 102.65 worker's compensation operations fund, commencing one year after the date of the first payment of those benefits and annually thereafter while those payments continue. To receive reimbursement under this paragraph, an employer or insurance carrier must file a claim for that reimbursement with the department by no later than 12 months after the end of the year in which the supplemental benefits were paid and the claim must be approved by the department.

SB21,2946 Section 2946. 102.44 (1) (c) 1. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1163,19 102.44 (1) (c) 1. An insurance carrier paying the supplemental benefits required under this subsection shall be entitled to reimbursement for each such case from the worker's compensation operations fund, commencing one year after the date of the first payment of those benefits and annually thereafter while those payments continue. To receive reimbursement under this paragraph, an insurance carrier must file a claim for that reimbursement with the department office by no later than 12 months after the end of the year in which the supplemental benefits were paid and the claim must be approved by the department office.

SB21,2947 Section 2947. 102.44 (1) (c) 2. of the statutes is created to read:

SB21,1164,4 102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under subd. 1., the department shall determine the total amount of all claims filed by that deadline and shall use that total to determine the amount to be collected under s. 102.75 (1g) from each licensed worker's compensation insurance carrier, deposited in the worker's compensation operations fund, and used to provide reimbursement to insurance carriers paying supplemental benefits under this subsection. Subject to subd. 3., the department shall pay a claim for reimbursement approved by the department by no later than 16 months after the end of the year in which the claim was received by the department.

SB21,2948 Section 2948. 102.44 (1) (c) 2. of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1164,15 102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under subd. 1., the department office shall determine the total amount of all claims filed by that deadline and shall use that total to determine the amount to be collected under s. 102.75 (1g) from each licensed worker's compensation insurance carrier, deposited in the worker's compensation operations fund, and used to provide reimbursement to insurance carriers paying supplemental benefits under this subsection. Subject to subd. 3., the department office shall pay a claim for reimbursement approved by the department office by no later than 16 months after the end of the year in which the claim was received by the department office.

SB21,2949 Section 2949. 102.44 (1) (c) 3. of the statutes is created to read:

SB21,1165,2 102.44 (1) (c) 3. The maximum amount that the department may pay under subd. 2. in a calendar year is $5,000,000. If the amount determined payable under subd. 2. in a calendar year is $5,000,000 or less, the department shall pay that amount. If the amount determined payable under subd. 2. in a calendar year exceeds $5,000,000, the department shall pay $5,000,000 in the year in which the determination is made and, subject to the maximum amount payable of $5,000,000 per calendar year, shall pay the excess in the next calendar year or in subsequent calendar years until that excess is paid in full. The department shall pay claims for reimbursement under subd. 2. in the chronological order in which those claims are received.

SB21,2950 Section 2950. 102.44 (1) (c) 3. of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1165,14 102.44 (1) (c) 3. The maximum amount that the department office may pay under subd. 2. in a calendar year is $5,000,000. If the amount determined payable under subd. 2. in a calendar year is $5,000,000 or less, the department office shall pay that amount. If the amount determined payable under subd. 2. in a calendar year exceeds $5,000,000, the department office shall pay $5,000,000 in the year in which the determination is made and, subject to the maximum amount payable of $5,000,000 per calendar year, shall pay the excess in the next calendar year or in subsequent calendar years until that excess is paid in full. The department office shall pay claims for reimbursement under subd. 2. in the chronological order in which those claims are received.

SB21,2951 Section 2951. 102.44 (1) (c) 4. of the statutes is created to read:

SB21,1165,17 102.44 (1) (c) 4. This paragraph does not apply to supplemental benefits paid for an injury that occurs on or after January 1, 2016.

SB21,2952 Section 2952. 102.44 (2) of the statutes is amended to read:

SB21,1165,24 102.44 (2) In case of permanent total disability, aggregate indemnity shall be weekly indemnity for the period that the employee may live. Total impairment for industrial use of both eyes, or the loss of both arms at or near the shoulder, or the loss of both legs at or near the hip, or the loss of one arm at the shoulder and one leg at the hip, constitutes permanent total disability. This enumeration is not exclusive, but in other cases the department division shall find the facts.

SB21,2953 Section 2953. 102.44 (5) (d) of the statutes is amended to read:

SB21,1166,4 102.44 (5) (d) The employer or insurance carrier making such a reduction under this subsection shall report to the department office the reduction and, as requested by the department office, furnish to the department office satisfactory proof of the basis for the reduction.

SB21,2954 Section 2954. 102.44 (6) (b) of the statutes is amended to read:

SB21,1166,11 102.44 (6) (b) If, during the period set forth in s. 102.17 (4) the employment relationship is terminated by the employer at the time of the injury , or by the employee because his or her physical or mental limitations prevent his or her continuing in such employment, or if during such that period a wage loss of 15% 15 percent or more occurs, the department division may reopen any award and make a redetermination taking into account loss of earning capacity.

SB21,2955 Section 2955. 102.45 of the statutes is amended to read:

SB21,1166,23 102.45 Benefits payable to minors; how paid. Compensation and death benefit In the discretion of the office, compensation or death benefits payable to an employee or dependent who was a minor when the employee's or dependent's right of the employee or dependent to compensation or death benefits began to accrue, may, in the discretion of the department, be ordered paid to a bank, trust company, trustee, parent, or guardian, for the use of such the employee or dependent as may be found best calculated to conserve the employee's or dependent's interests. Such of the employee or dependent. The employee or dependent shall be entitled to receive payments, in the aggregate, at a rate that is not less than that the rate applicable to payments of primary compensation for total disability or death benefit as accruing from the employee's or dependent's 18th birthday of the employee or dependent.

SB21,2956 Section 2956. 102.475 (1) of the statutes is amended to read:

SB21,1167,13 102.475 (1) Special benefit. If the deceased employee is a law enforcement officer, correctional officer, fire fighter, rescue squad member, diving team member, national guard member, or state defense force member on state active duty as described in s. 102.07 (9) or if a deceased person is an employee or volunteer performing emergency management activities under ch. 323 during a state of emergency or a circumstance described in s. 323.12 (2) (c), who sustained an accidental injury while performing services growing out of and incidental to that employment or volunteer activity so that benefits are payable under s. 102.46 or 102.47 (1), the department office shall voucher and pay from the appropriation under s. 20.445 (1) 20.145 (6) (aa) a sum equal to 75% 75 percent of the primary death benefit as of the date of death, but not less than $50,000 to the persons wholly dependent upon the deceased. For purposes of this subsection, dependency shall be determined under ss. 102.49 and 102.51.

SB21,2957 Section 2957. 102.475 (6) of the statutes is amended to read:

SB21,1167,17 102.475 (6) Proof. In administering this section the department office may require reasonable proof of birth, marriage, domestic partnership under ch. 770, relationship, or dependency.

SB21,2958 Section 2958. 102.48 (1) of the statutes is amended to read:

SB21,1167,24 102.48 (1) An unestranged surviving parent or parents to whose support the deceased has contributed less than $500 in the 52 weeks next preceding the injury causing death shall receive a death benefit of $6,500. If the parents are not living together, the department office shall divide this sum in such proportion as it deems the office considers to be just, considering their ages and other facts bearing on dependency.

SB21,2959 Section 2959. 102.48 (2) of the statutes is amended to read:

SB21,1168,15 102.48 (2) In all other cases the death benefit shall be such sum as the department shall determine office determines to represent fairly and justly the aid to support which the dependent might reasonably have anticipated from the deceased employee but for the injury. To establish anticipation of support and dependency, it shall not be essential that the deceased employee made any contribution to support. The aggregate benefits in such that case shall not exceed twice the average annual earnings of the deceased; or 4 times the contributions of the deceased to the support of such his or her dependents during the year immediately preceding the deceased employee's death, whichever amount is the greater. In no event shall the aggregate benefits in such that case exceed the amount which that would accrue to a person who is solely and wholly dependent. Where When there is more than one partial dependent the weekly benefit shall be apportioned according to their relative dependency. The term "support" as used in ss. 102.42 to 102.63 shall include contributions to the capital fund of the dependents, for their necessary comfort.

SB21,2960 Section 2960. 102.48 (3) of the statutes is amended to read:

SB21,1168,20 102.48 (3) A Except as otherwise provided, a death benefit, other than burial expenses, except as otherwise provided, shall be paid in weekly installments corresponding in amount to two-thirds of the weekly earnings of the employee, until otherwise ordered by the department office.

SB21,2961 Section 2961. 102.49 (3) of the statutes is amended to read:

SB21,1169,5 102.49 (3) If the employee leaves a spouse or domestic partner under ch. 770 wholly dependent and also a child by a former marriage, domestic partnership under ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same in amount as if the child were the child of the surviving spouse or partner, and the entire benefit shall be apportioned to the dependents in the amounts that the department office determines to be just, considering the ages of the dependents and other factors bearing on dependency. The benefit awarded to the surviving spouse or partner shall not exceed 4 times the average annual earnings of the deceased employee.

SB21,2962 Section 2962. 102.49 (5) (d) of the statutes is amended to read:

SB21,1169,12 102.49 (5) (d) The payment into the state treasury shall be made in all such cases regardless of whether the dependents or personal representatives of the deceased employee commence action against a 3rd party under s. 102.29. If the payment is not made within 20 days after the department makes request therefor office requests the payment to be made, any sum payable shall bear interest at the rate of 7% 7 percent per year.

SB21,2963 Section 2963. 102.49 (6) of the statutes is amended to read:

SB21,1169,19 102.49 (6) The department office may award the additional benefits payable under this section to the surviving parent of the child, to the child's guardian, or to such other person, bank, or trust company for the child's use as may be found best calculated to conserve the interest interests of the child. In the case of death of a child If the child dies while benefits are still payable , there shall be paid the reasonable expense for burial, not exceeding $1,500.

SB21,2964 Section 2964. 102.51 (3) of the statutes is amended to read:

SB21,1169,25 102.51 (3) Division among dependents. If there is more than one person wholly or partially dependent on a deceased employee, the death benefit shall be divided between such those dependents in such proportion as the department shall determine office determines to be just, considering their ages and other facts bearing on such their dependency.

SB21,2965 Section 2965. 102.51 (4) of the statutes is amended to read:

SB21,1170,14 102.51 (4) Dependency as of the date of death. Questions as to who is a dependent and the extent of his or her dependency shall be determined as of the date of the death of the employee, and the dependent's right to any death benefit becomes fixed at that time, regardless of any subsequent change in conditions. The death benefit shall be directly recoverable by and payable to the dependents entitled thereto to the death benefit or their legal guardians or trustees. In case of the death of a dependent whose right to a death benefit has thus become fixed, so much of the benefit as is then unpaid is payable to the dependent's personal representatives in gross, unless the department office determines that the unpaid benefit shall be reassigned, under sub. (6), and paid to any other dependent who is physically or mentally incapacitated or a minor. A posthumous child is for the purpose For purposes of this subsection, a child of the employee who is born after the death of the employee is considered to be a dependent as of the date of death.

SB21,2966 Section 2966. 102.51 (6) of the statutes is amended to read:

SB21,1170,21 102.51 (6) Division among dependents. Benefits accruing to a minor dependent child may be awarded to either parent in the discretion of the department office. Notwithstanding sub. (1), the department office may reassign the death benefit, in accordance with their respective needs for the death benefit as between a surviving spouse or a domestic partner under ch. 770 and any children designated specified in sub. (1) and s. 102.49 in accordance with their respective needs for the death benefit.

SB21,2967 Section 2967. 102.55 (3) of the statutes is amended to read:

SB21,1171,6 102.55 (3) For all other injuries to the members of the body or its faculties which that are specified in this the schedule under s. 102.52 resulting in permanent disability, though the member be is not actually severed or the faculty is not totally lost, compensation shall bear such relation to that the compensation named in this the schedule as disabilities bear the disability bears to the disabilities disability named in this the schedule. Indemnity in such those cases shall be determined by allowing weekly indemnity during the healing period resulting from the injury and the percentage of permanent disability resulting thereafter after the healing period as found by the department division.

SB21,2968 Section 2968. 102.555 (12) (a) of the statutes is amended to read:

SB21,1171,12 102.555 (12) (a) An employer, the office, or the department division is not liable for the expense of any examination or test for hearing loss, any evaluation of such an exam or test, any medical treatment for improving or restoring hearing, or any hearing aid to relieve the effect of hearing loss unless it is determined that compensation for occupational deafness is payable under sub. (3), (4), or (11).

SB21,2969 Section 2969. 102.56 (1) of the statutes is amended to read:

SB21,1171,25 102.56 (1) Subject to sub. (2), if an employee is so permanently disfigured as to occasion potential wage loss due to the disfigurement, the department division may allow such sum as the department division considers just as compensation for the disfigurement, not exceeding the employee's average annual earnings. In determining the potential for wage loss due to the disfigurement and the sum awarded, the department division shall take into account the age, education, training, and previous experience and earnings of the employee, the employee's present occupation and earnings, and likelihood of future suitable occupational change. Consideration for disfigurement allowance is confined to those areas of the body that are exposed in the normal course of employment. The department division shall also take into account the appearance of the disfigurement, its location, and the likelihood of its exposure in occupations for which the employee is suited.

SB21,2970 Section 2970. 102.56 (2) of the statutes is amended to read:

SB21,1172,6 102.56 (2) If an employee who claims compensation under sub. (1) returns to work for the employer who employed the employee at the time of the injury, or is offered employment with that employer, at the same or a higher wage, the department division may not allow that compensation unless the employee suffers an actual wage loss due to the disfigurement.

SB21,2971 Section 2971. 102.565 (1) of the statutes is amended to read:

SB21,1173,3 102.565 (1) When an employee working subject to this chapter, as a result of exposure in the course of his or her employment over a period of time to toxic or hazardous substances or conditions, an employee performing work that is subject to this chapter develops any clinically observable abnormality or condition which that, on competent medical opinion, predisposes or renders the employ employee in any manner differentially susceptible to disability to such an extent that it is inadvisable for the employee to continue employment involving such that exposure and the employee, is discharged from or ceases to continue the employment, and suffers wage loss by reason of such that discharge from, or such cessation of, employment, the department division may allow such sum as it deems the division considers just as compensation therefor for that wage loss, not exceeding $13,000. In the event If a nondisabling condition may also be caused by toxic or hazardous exposure not related to employment, and if the employee has a history of such that exposure, compensation as provided by under this section or any other remedy for loss of earning capacity shall not be allowed nor shall any other remedy for loss of earning capacity. In case of such discharge. If the employee is discharged from employment prior to a finding by the department division that it is inadvisable for the employee to continue in such that employment and if it is reasonably probable that continued exposure would result in disability, the liability of the employer who so discharges the employee is primary, and the liability of the employer's insurer is secondary, under the same procedure and to the same effect as provided by s. 102.62.

SB21,2972 Section 2972. 102.565 (2) of the statutes is amended to read:

SB21,1173,19 102.565 (2) Upon application of any employer or employee the department division may direct any employee of the employer or an employee who, in the course of his or her employment, has been exposed to toxic or hazardous substances or conditions, to submit to examination by a physician or one or more physicians to be appointed by the department division to determine whether the employee has developed any abnormality or condition under sub. (1), and the degree thereof of that abnormality or condition. The cost of the medical examination shall be borne by the person making application. The physician conducting the examination shall submit the results of the examination shall be submitted by the physician to the department division, which shall submit copies of the reports to the employer and employee, who shall have an opportunity to rebut the reports provided request therefor if a request to submit a rebuttal is made to the department division within 10 days from the mailing of after the division mails the report to the parties. The department division shall make its findings as to whether or not it is inadvisable for the employee to continue in his or her employment.

SB21,2973 Section 2973. 102.565 (3) of the statutes is amended to read:

SB21,1173,25 102.565 (3) If an employee refuses to submit to the examination after direction by the commission, or any member thereof or the department or any member of the commission, the division, or an examiner thereof, , an employee refuses to submit to an examination or in any way obstructs the same examination, the employee's right to compensation under this section shall be barred.

SB21,2974 Section 2974. 102.57 of the statutes is amended to read:

SB21,1174,8 102.57 Violations of safety provisions, penalty. If injury is caused by the failure of the employer to comply with any statute, rule, or order of the department of safety and professional services, compensation and death benefits provided in this chapter shall be increased 15% by 15 percent but the total increase may not exceed $15,000. Failure of an employer reasonably to enforce compliance by employees with any statute, rule, or order of the department of safety and professional services constitutes failure by the employer to comply with that statute, rule, or order.

SB21,2975 Section 2975. 102.58 of the statutes is amended to read:

SB21,1174,20 102.58 Decreased compensation. If injury is caused by the failure of the employee to use safety devices that are provided in accordance with any statute, rule, or order of the department of safety and professional services and that are adequately maintained, and the use of which is reasonably enforced by the employer, if injury results from the employee's failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of the employee and of which the employee has notice, or if injury results from the intoxication of the employee by alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), the compensation and death benefit provided in this chapter shall be reduced 15% by 15 percent but the total reduction may not exceed $15,000.

SB21,2976 Section 2976. 102.60 (1m) (b) of the statutes is amended to read:

SB21,1175,2 102.60 (1m) (b) An amount equal to double the amount recoverable by the injured employee, but not to exceed $15,000, if the injured employee is a minor of permit age and if at the time of the injury the minor is employed, required, suffered, or permitted to work without a permit in any place of employment or at any employment in or for which the department of workforce development, acting under ch. 103, has adopted a written resolution providing that permits shall not be issued.

SB21,2977 Section 2977. 102.61 (1g) (b) of the statutes is amended to read:

SB21,1175,10 102.61 (1g) (b) If an employer offers an employee suitable employment as provided in par. (c), the employer or the employer's insurance carrier is not liable for temporary disability benefits under s. 102.43 (5) (b) or for the cost of tuition, fees, books, travel, and maintenance under sub. (1). Ineligibility for compensation under this paragraph does not preclude an employee from receiving vocational rehabilitation services under 29 USC 701 to 797b if the department of workforce development determines that the employee is eligible to receive those services.

SB21,2978 Section 2978. 102.61 (1g) (c) of the statutes is amended to read:

SB21,1176,4 102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational rehabilitation services under 29 USC 701 to 797a, an employee shall provide the employer with a written report from a physician, chiropractor, psychologist, or podiatrist stating the employee's permanent work restrictions. Within 60 days after receiving that report, the employer shall provide to the employee in writing an offer of suitable employment, a statement that the employer has no suitable employment for the employee, or a report from a physician, chiropractor, psychologist, or podiatrist showing that the permanent work restrictions provided by the employee's practitioner are in dispute and documentation showing that the difference in work restrictions would materially affect either the employer's ability to provide suitable employment or a vocational rehabilitation counselor's ability to recommend a rehabilitative training program. If the employer and employee cannot resolve the dispute within 30 days after the employee receives the employer's report and documentation, the employer or employee may request a hearing before the department division to determine the employee's work restrictions. Within 30 days after the department division determines the employee's work restrictions, the employer shall provide to the employee in writing an offer of suitable employment or a statement that the employer has no suitable employment for the employee.

SB21,2979 Section 2979. 102.61 (1m) (a) of the statutes is amended to read:

SB21,1176,14 102.61 (1m) (a) If the department of workforce development has determined under sub. (1) that an employee is eligible for vocational rehabilitation services under 29 USC 701 to 797b, but that the department of workforce development cannot provide those services for the employee, the employee may select a private rehabilitation counselor certified by the department office to determine whether the employee can return to suitable employment without rehabilitative training and, if that counselor determines that rehabilitative training is necessary, to develop a rehabilitative training program to restore as nearly as possible the employee to his or her preinjury earning capacity and potential.

SB21,2980 Section 2980. 102.61 (1m) (c) of the statutes is amended to read:

SB21,1177,2 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost of any services provided for an employee by a private rehabilitation counselor under par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c) and by rule, if the private rehabilitation counselor determines that rehabilitative training is necessary, the reasonable cost of the rehabilitative training program recommended by that counselor, including the cost of tuition, fees, books, maintenance, and travel at the same rate as is provided for state officers and employees under s. 20.916 (8). Notwithstanding that the department office may authorize under s. 102.43 (5) (b) a rehabilitative training program that lasts longer than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is presumed to be reasonable.

SB21,2981 Section 2981. 102.61 (1m) (d) of the statutes is amended to read:

SB21,1177,11 102.61 (1m) (d) If an employee receives services from a private rehabilitation counselor under par. (a) and later receives similar services from the department of workforce development under sub. (1) without the prior approval of the employer or insurance carrier, the employer or insurance carrier is not liable for temporary disability benefits under s. 102.43 (5) (b) or for tuition, fee, book, travel, and maintenance costs under sub. (1) that exceed what the employer or insurance carrier would have been liable for under the rehabilitative training program developed by the private rehabilitation counselor.

SB21,2982 Section 2982. 102.61 (1m) (e) of the statutes is amended to read:

SB21,1177,16 102.61 (1m) (e) Nothing in this subsection prevents an employer or insurance carrier from providing an employee with the services of a private rehabilitation counselor or with rehabilitative training under sub. (3) before the department of workforce development makes its determination under par. (a).

SB21,2983 Section 2983. 102.61 (1m) (f) of the statutes is amended to read:

SB21,1177,22 102.61 (1m) (f) The department office shall promulgate rules establishing procedures and requirements for the private rehabilitation counseling and rehabilitative training process under this subsection. Those rules shall include rules specifying the procedure and requirements for certification of private rehabilitation counselors.

SB21,2984 Section 2984. 102.61 (2) of the statutes is amended to read:

SB21,1178,5 102.61 (2) The department division, the commission, and the courts shall determine the rights and liabilities of the parties under this section in like manner and with like effect as the department division, the commission, and the courts determine other issues under this chapter. A determination under this subsection may include a determination based on the evidence regarding the cost or scope of the services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program developed under sub. (1m) (a).

SB21,2985 Section 2985. 102.62 of the statutes is amended to read: