SB21,2947 20Section 2947. 102.44 (1) (c) 2. of the statutes is created to read:
SB21,1164,421 102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under
22subd. 1., the department shall determine the total amount of all claims filed by that
23deadline and shall use that total to determine the amount to be collected under s.
24102.75 (1g) from each licensed worker's compensation insurance carrier, deposited
25in the worker's compensation operations fund, and used to provide reimbursement

1to insurance carriers paying supplemental benefits under this subsection. Subject
2to subd. 3., the department shall pay a claim for reimbursement approved by the
3department by no later than 16 months after the end of the year in which the claim
4was received by the department.
SB21,2948 5Section 2948. 102.44 (1) (c) 2. of the statutes, as created by 2015 Wisconsin
6Act .... (this act), is amended to read:
SB21,1164,157 102.44 (1) (c) 2. After the expiration of the deadline for filing a claim under
8subd. 1., the department office shall determine the total amount of all claims filed
9by that deadline and shall use that total to determine the amount to be collected
10under s. 102.75 (1g) from each licensed worker's compensation insurance carrier,
11deposited in the worker's compensation operations fund, and used to provide
12reimbursement to insurance carriers paying supplemental benefits under this
13subsection. Subject to subd. 3., the department office shall pay a claim for
14reimbursement approved by the department office by no later than 16 months after
15the end of the year in which the claim was received by the department office.
SB21,2949 16Section 2949. 102.44 (1) (c) 3. of the statutes is created to read:
SB21,1165,217 102.44 (1) (c) 3. The maximum amount that the department may pay under
18subd. 2. in a calendar year is $5,000,000. If the amount determined payable under
19subd. 2. in a calendar year is $5,000,000 or less, the department shall pay that
20amount. If the amount determined payable under subd. 2. in a calendar year exceeds
21$5,000,000, the department shall pay $5,000,000 in the year in which the
22determination is made and, subject to the maximum amount payable of $5,000,000
23per calendar year, shall pay the excess in the next calendar year or in subsequent
24calendar years until that excess is paid in full. The department shall pay claims for

1reimbursement under subd. 2. in the chronological order in which those claims are
2received.
SB21,2950 3Section 2950. 102.44 (1) (c) 3. of the statutes, as created by 2015 Wisconsin
4Act .... (this act), is amended to read:
SB21,1165,145 102.44 (1) (c) 3. The maximum amount that the department office may pay
6under subd. 2. in a calendar year is $5,000,000. If the amount determined payable
7under subd. 2. in a calendar year is $5,000,000 or less, the department office shall
8pay that amount. If the amount determined payable under subd. 2. in a calendar
9year exceeds $5,000,000, the department office shall pay $5,000,000 in the year in
10which the determination is made and, subject to the maximum amount payable of
11$5,000,000 per calendar year, shall pay the excess in the next calendar year or in
12subsequent calendar years until that excess is paid in full. The department office
13shall pay claims for reimbursement under subd. 2. in the chronological order in
14which those claims are received.
SB21,2951 15Section 2951. 102.44 (1) (c) 4. of the statutes is created to read:
SB21,1165,1716 102.44 (1) (c) 4. This paragraph does not apply to supplemental benefits paid
17for an injury that occurs on or after January 1, 2016.
SB21,2952 18Section 2952. 102.44 (2) of the statutes is amended to read:
SB21,1165,2419 102.44 (2) In case of permanent total disability, aggregate indemnity shall be
20weekly indemnity for the period that the employee may live. Total impairment for
21industrial use of both eyes, or the loss of both arms at or near the shoulder, or the loss
22of both legs at or near the hip, or the loss of one arm at the shoulder and one leg at
23the hip, constitutes permanent total disability. This enumeration is not exclusive,
24but in other cases the department division shall find the facts.
SB21,2953 25Section 2953. 102.44 (5) (d) of the statutes is amended to read:
SB21,1166,4
1102.44 (5) (d) The employer or insurance carrier making such a reduction
2under this subsection shall report to the department office the reduction and, as
3requested by the department office, furnish to the department office satisfactory
4proof of the basis for the reduction.
SB21,2954 5Section 2954. 102.44 (6) (b) of the statutes is amended to read:
SB21,1166,116 102.44 (6) (b) If, during the period set forth in s. 102.17 (4) the employment
7relationship is terminated by the employer at the time of the injury , or by the
8employee because his or her physical or mental limitations prevent his or her
9continuing in such employment, or if during such that period a wage loss of 15% 15
10percent
or more occurs, the department division may reopen any award and make
11a redetermination taking into account loss of earning capacity.
SB21,2955 12Section 2955. 102.45 of the statutes is amended to read:
SB21,1166,23 13102.45 Benefits payable to minors; how paid. Compensation and death
14benefit
In the discretion of the office, compensation or death benefits payable to an
15employee or dependent who was a minor when the employee's or dependent's right
16of the employee or dependent to compensation or death benefits began to accrue, may,
17in the discretion of the department,
be ordered paid to a bank, trust company, trustee,
18parent, or guardian, for the use of such the employee or dependent as may be found
19best calculated to conserve the employee's or dependent's interests. Such of the
20employee or dependent. The
employee or dependent shall be entitled to receive
21payments, in the aggregate, at a rate that is not less than that the rate applicable
22to payments of primary compensation for total disability or death benefit as accruing
23from the employee's or dependent's 18th birthday of the employee or dependent.
SB21,2956 24Section 2956. 102.475 (1) of the statutes is amended to read:
SB21,1167,13
1102.475 (1) Special benefit. If the deceased employee is a law enforcement
2officer, correctional officer, fire fighter, rescue squad member, diving team member,
3national guard member, or state defense force member on state active duty as
4described in s. 102.07 (9) or if a deceased person is an employee or volunteer
5performing emergency management activities under ch. 323 during a state of
6emergency or a circumstance described in s. 323.12 (2) (c), who sustained an
7accidental injury while performing services growing out of and incidental to that
8employment or volunteer activity so that benefits are payable under s. 102.46 or
9102.47 (1), the department office shall voucher and pay from the appropriation under
10s. 20.445 (1) 20.145 (6) (aa) a sum equal to 75% 75 percent of the primary death
11benefit as of the date of death, but not less than $50,000 to the persons wholly
12dependent upon the deceased. For purposes of this subsection, dependency shall be
13determined under ss. 102.49 and 102.51.
SB21,2957 14Section 2957. 102.475 (6) of the statutes is amended to read:
SB21,1167,1715 102.475 (6) Proof. In administering this section the department office may
16require reasonable proof of birth, marriage, domestic partnership under ch. 770,
17relationship, or dependency.
SB21,2958 18Section 2958. 102.48 (1) of the statutes is amended to read:
SB21,1167,2419 102.48 (1) An unestranged surviving parent or parents to whose support the
20deceased has contributed less than $500 in the 52 weeks next preceding the injury
21causing death shall receive a death benefit of $6,500. If the parents are not living
22together, the department office shall divide this sum in such proportion as it deems
23the office considers to be just, considering their ages and other facts bearing on
24dependency.
SB21,2959 25Section 2959. 102.48 (2) of the statutes is amended to read:
SB21,1168,15
1102.48 (2) In all other cases the death benefit shall be such sum as the
2department shall determine office determines to represent fairly and justly the aid
3to support which the dependent might reasonably have anticipated from the
4deceased employee but for the injury. To establish anticipation of support and
5dependency, it shall not be essential that the deceased employee made any
6contribution to support. The aggregate benefits in such that case shall not exceed
7twice the average annual earnings of the deceased; or 4 times the contributions of the
8deceased to the support of such his or her dependents during the year immediately
9preceding the deceased employee's death, whichever amount is the greater. In no
10event shall the aggregate benefits in such that case exceed the amount which that
11would accrue to a person who is solely and wholly dependent. Where When there is
12more than one partial dependent the weekly benefit shall be apportioned according
13to their relative dependency. The term "support" as used in ss. 102.42 to 102.63 shall
14include contributions to the capital fund of the dependents, for their necessary
15comfort.
SB21,2960 16Section 2960. 102.48 (3) of the statutes is amended to read:
SB21,1168,2017 102.48 (3) A Except as otherwise provided, a death benefit, other than burial
18expenses, except as otherwise provided, shall be paid in weekly installments
19corresponding in amount to two-thirds of the weekly earnings of the employee, until
20otherwise ordered by the department office.
SB21,2961 21Section 2961. 102.49 (3) of the statutes is amended to read:
SB21,1169,522 102.49 (3) If the employee leaves a spouse or domestic partner under ch. 770
23wholly dependent and also a child by a former marriage, domestic partnership under
24ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same
25in amount as if the child were the child of the surviving spouse or partner, and the

1entire benefit shall be apportioned to the dependents in the amounts that the
2department office determines to be just, considering the ages of the dependents and
3other factors bearing on dependency. The benefit awarded to the surviving spouse
4or partner shall not exceed 4 times the average annual earnings of the deceased
5employee.
SB21,2962 6Section 2962. 102.49 (5) (d) of the statutes is amended to read:
SB21,1169,127 102.49 (5) (d) The payment into the state treasury shall be made in all such
8cases regardless of whether the dependents or personal representatives of the
9deceased employee commence action against a 3rd party under s. 102.29. If the
10payment is not made within 20 days after the department makes request therefor
11office requests the payment to be made, any sum payable shall bear interest at the
12rate of 7% 7 percent per year.
SB21,2963 13Section 2963. 102.49 (6) of the statutes is amended to read:
SB21,1169,1914 102.49 (6) The department office may award the additional benefits payable
15under this section to the surviving parent of the child, to the child's guardian, or to
16such other person, bank, or trust company for the child's use as may be found best
17calculated to conserve the interest interests of the child. In the case of death of a child
18If the child dies while benefits are still payable , there shall be paid the reasonable
19expense for burial, not exceeding $1,500.
SB21,2964 20Section 2964. 102.51 (3) of the statutes is amended to read:
SB21,1169,2521 102.51 (3) Division among dependents. If there is more than one person wholly
22or partially dependent on a deceased employee, the death benefit shall be divided
23between such those dependents in such proportion as the department shall
24determine
office determines to be just, considering their ages and other facts bearing
25on such their dependency.
SB21,2965
1Section 2965. 102.51 (4) of the statutes is amended to read:
SB21,1170,142 102.51 (4) Dependency as of the date of death. Questions as to who is a
3dependent and the extent of his or her dependency shall be determined as of the date
4of the death of the employee, and the dependent's right to any death benefit becomes
5fixed at that time, regardless of any subsequent change in conditions. The death
6benefit shall be directly recoverable by and payable to the dependents entitled
7thereto to the death benefit or their legal guardians or trustees. In case of the death
8of a dependent whose right to a death benefit has thus become fixed, so much of the
9benefit as is then unpaid is payable to the dependent's personal representatives in
10gross, unless the department office determines that the unpaid benefit shall be
11reassigned, under sub. (6), and paid to any other dependent who is physically or
12mentally incapacitated or a minor. A posthumous child is for the purpose For
13purposes
of this subsection, a child of the employee who is born after the death of the
14employee is considered to be
a dependent as of the date of death.
SB21,2966 15Section 2966. 102.51 (6) of the statutes is amended to read:
SB21,1170,2116 102.51 (6) Division among dependents. Benefits accruing to a minor dependent
17child may be awarded to either parent in the discretion of the department office.
18Notwithstanding sub. (1), the department office may reassign the death benefit, in
19accordance with their respective needs for the death benefit
as between a surviving
20spouse or a domestic partner under ch. 770 and any children designated specified in
21sub. (1) and s. 102.49 in accordance with their respective needs for the death benefit.
SB21,2967 22Section 2967. 102.55 (3) of the statutes is amended to read:
SB21,1171,623 102.55 (3) For all other injuries to the members of the body or its faculties
24which that are specified in this the schedule under s. 102.52 resulting in permanent
25disability, though the member be is not actually severed or the faculty is not totally

1lost, compensation shall bear such relation to that the compensation named in this
2the schedule as disabilities bear the disability bears to the disabilities disability
3named in this the schedule. Indemnity in such those cases shall be determined by
4allowing weekly indemnity during the healing period resulting from the injury and
5the percentage of permanent disability resulting thereafter after the healing period
6as found by the department division.
SB21,2968 7Section 2968. 102.555 (12) (a) of the statutes is amended to read:
SB21,1171,128 102.555 (12) (a) An employer, the office, or the department division is not liable
9for the expense of any examination or test for hearing loss, any evaluation of such
10an exam or test, any medical treatment for improving or restoring hearing, or any
11hearing aid to relieve the effect of hearing loss unless it is determined that
12compensation for occupational deafness is payable under sub. (3), (4), or (11).
SB21,2969 13Section 2969. 102.56 (1) of the statutes is amended to read:
SB21,1171,2514 102.56 (1) Subject to sub. (2), if an employee is so permanently disfigured as
15to occasion potential wage loss due to the disfigurement, the department division
16may allow such sum as the department division considers just as compensation for
17the disfigurement, not exceeding the employee's average annual earnings. In
18determining the potential for wage loss due to the disfigurement and the sum
19awarded, the department division shall take into account the age, education,
20training, and previous experience and earnings of the employee, the employee's
21present occupation and earnings, and likelihood of future suitable occupational
22change. Consideration for disfigurement allowance is confined to those areas of the
23body that are exposed in the normal course of employment. The department division
24shall also take into account the appearance of the disfigurement, its location, and the
25likelihood of its exposure in occupations for which the employee is suited.
SB21,2970
1Section 2970. 102.56 (2) of the statutes is amended to read:
SB21,1172,62 102.56 (2) If an employee who claims compensation under sub. (1) returns to
3work for the employer who employed the employee at the time of the injury, or is
4offered employment with that employer, at the same or a higher wage, the
5department division may not allow that compensation unless the employee suffers
6an actual wage loss due to the disfigurement.
SB21,2971 7Section 2971. 102.565 (1) of the statutes is amended to read:
SB21,1173,38 102.565 (1) When an employee working subject to this chapter, as a result of
9exposure in the course of his or her employment over a period of time to toxic or
10hazardous substances or conditions, an employee performing work that is subject to
11this chapter
develops any clinically observable abnormality or condition which that,
12on competent medical opinion, predisposes or renders the employ employee in any
13manner differentially susceptible to disability to such an extent that it is inadvisable
14for the employee to continue employment involving such that exposure and the
15employee
, is discharged from or ceases to continue the employment, and suffers wage
16loss by reason of such that discharge from, or such cessation of, employment, the
17department division may allow such sum as it deems the division considers just as
18compensation therefor for that wage loss, not exceeding $13,000. In the event If a
19nondisabling condition may also be caused by toxic or hazardous exposure not
20related to employment, and if the employee has a history of such that exposure,
21compensation as provided by under this section or any other remedy for loss of
22earning capacity
shall not be allowed nor shall any other remedy for loss of earning
23capacity. In case of such discharge
. If the employee is discharged from employment
24prior to a finding by the department division that it is inadvisable for the employee
25to continue in such that employment and if it is reasonably probable that continued

1exposure would result in disability, the liability of the employer who so discharges
2the employee is primary, and the liability of the employer's insurer is secondary,
3under the same procedure and to the same effect as provided by s. 102.62.
SB21,2972 4Section 2972. 102.565 (2) of the statutes is amended to read:
SB21,1173,195 102.565 (2) Upon application of any employer or employee the department
6division may direct any employee of the employer or an employee who, in the course
7of his or her employment, has been exposed to toxic or hazardous substances or
8conditions, to submit to examination by a physician or one or more physicians to be
9appointed by the department division to determine whether the employee has
10developed any abnormality or condition under sub. (1), and the degree thereof of that
11abnormality or condition
. The cost of the medical examination shall be borne by the
12person making application. The physician conducting the examination shall submit
13the
results of the examination shall be submitted by the physician to the department
14division, which shall submit copies of the reports to the employer and employee, who
15shall have an opportunity to rebut the reports provided request therefor if a request
16to submit a rebuttal
is made to the department division within 10 days from the
17mailing of
after the division mails the report to the parties. The department division
18shall make its findings as to whether or not it is inadvisable for the employee to
19continue in his or her employment.
SB21,2973 20Section 2973. 102.565 (3) of the statutes is amended to read:
SB21,1173,2521 102.565 (3) If an employee refuses to submit to the examination after direction
22by the commission, or any member thereof or the department or any member of the
23commission, the division,
or an examiner thereof, , an employee refuses to submit to
24an examination
or in any way obstructs the same examination, the employee's right
25to compensation under this section shall be barred.
SB21,2974
1Section 2974. 102.57 of the statutes is amended to read:
SB21,1174,8 2102.57 Violations of safety provisions, penalty. If injury is caused by the
3failure of the employer to comply with any statute, rule, or order of the department
4of safety and professional services, compensation and death benefits provided in this
5chapter shall be increased 15% by 15 percent but the total increase may not exceed
6$15,000. Failure of an employer reasonably to enforce compliance by employees with
7any statute, rule, or order of the department of safety and professional services
8constitutes failure by the employer to comply with that statute, rule, or order.
SB21,2975 9Section 2975. 102.58 of the statutes is amended to read:
SB21,1174,20 10102.58 Decreased compensation. If injury is caused by the failure of the
11employee to use safety devices that are provided in accordance with any statute, rule,
12or order of the department of safety and professional services and that are
13adequately maintained, and the use of which is reasonably enforced by the employer,
14if injury results from the employee's failure to obey any reasonable rule adopted and
15reasonably enforced by the employer for the safety of the employee and of which the
16employee has notice, or if injury results from the intoxication of the employee by
17alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as
18defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m),
19the compensation and death benefit provided in this chapter shall be reduced 15%
20by 15 percent but the total reduction may not exceed $15,000.
SB21,2976 21Section 2976. 102.60 (1m) (b) of the statutes is amended to read:
SB21,1175,222 102.60 (1m) (b) An amount equal to double the amount recoverable by the
23injured employee, but not to exceed $15,000, if the injured employee is a minor of
24permit age and if at the time of the injury the minor is employed, required, suffered,
25or permitted to work without a permit in any place of employment or at any

1employment in or for which the department of workforce development, acting under
2ch. 103, has adopted a written resolution providing that permits shall not be issued.
SB21,2977 3Section 2977. 102.61 (1g) (b) of the statutes is amended to read:
SB21,1175,104 102.61 (1g) (b) If an employer offers an employee suitable employment as
5provided in par. (c), the employer or the employer's insurance carrier is not liable for
6temporary disability benefits under s. 102.43 (5) (b) or for the cost of tuition, fees,
7books, travel, and maintenance under sub. (1). Ineligibility for compensation under
8this paragraph does not preclude an employee from receiving vocational
9rehabilitation services under 29 USC 701 to 797b if the department of workforce
10development
determines that the employee is eligible to receive those services.
SB21,2978 11Section 2978. 102.61 (1g) (c) of the statutes is amended to read:
SB21,1176,412 102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational
13rehabilitation services under 29 USC 701 to 797a, an employee shall provide the
14employer with a written report from a physician, chiropractor, psychologist, or
15podiatrist stating the employee's permanent work restrictions. Within 60 days after
16receiving that report, the employer shall provide to the employee in writing an offer
17of suitable employment, a statement that the employer has no suitable employment
18for the employee, or a report from a physician, chiropractor, psychologist, or
19podiatrist showing that the permanent work restrictions provided by the employee's
20practitioner are in dispute and documentation showing that the difference in work
21restrictions would materially affect either the employer's ability to provide suitable
22employment or a vocational rehabilitation counselor's ability to recommend a
23rehabilitative training program. If the employer and employee cannot resolve the
24dispute within 30 days after the employee receives the employer's report and
25documentation, the employer or employee may request a hearing before the

1department division to determine the employee's work restrictions. Within 30 days
2after the department division determines the employee's work restrictions, the
3employer shall provide to the employee in writing an offer of suitable employment
4or a statement that the employer has no suitable employment for the employee.
SB21,2979 5Section 2979. 102.61 (1m) (a) of the statutes is amended to read:
SB21,1176,146 102.61 (1m) (a) If the department of workforce development has determined
7under sub. (1) that an employee is eligible for vocational rehabilitation services
8under 29 USC 701 to 797b, but that the department of workforce development cannot
9provide those services for the employee, the employee may select a private
10rehabilitation counselor certified by the department office to determine whether the
11employee can return to suitable employment without rehabilitative training and, if
12that counselor determines that rehabilitative training is necessary, to develop a
13rehabilitative training program to restore as nearly as possible the employee to his
14or her preinjury earning capacity and potential.
SB21,2980 15Section 2980. 102.61 (1m) (c) of the statutes is amended to read:
SB21,1177,216 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost
17of any services provided for an employee by a private rehabilitation counselor under
18par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
19and by rule, if the private rehabilitation counselor determines that rehabilitative
20training is necessary, the reasonable cost of the rehabilitative training program
21recommended by that counselor, including the cost of tuition, fees, books,
22maintenance, and travel at the same rate as is provided for state officers and
23employees under s. 20.916 (8). Notwithstanding that the department office may
24authorize under s. 102.43 (5) (b) a rehabilitative training program that lasts longer

1than 80 weeks, a rehabilitative training program that lasts 80 weeks or less is
2presumed to be reasonable.
SB21,2981 3Section 2981. 102.61 (1m) (d) of the statutes is amended to read:
SB21,1177,114 102.61 (1m) (d) If an employee receives services from a private rehabilitation
5counselor under par. (a) and later receives similar services from the department of
6workforce development
under sub. (1) without the prior approval of the employer or
7insurance carrier, the employer or insurance carrier is not liable for temporary
8disability benefits under s. 102.43 (5) (b) or for tuition, fee, book, travel, and
9maintenance costs under sub. (1) that exceed what the employer or insurance carrier
10would have been liable for under the rehabilitative training program developed by
11the private rehabilitation counselor.
SB21,2982 12Section 2982. 102.61 (1m) (e) of the statutes is amended to read:
SB21,1177,1613 102.61 (1m) (e) Nothing in this subsection prevents an employer or insurance
14carrier from providing an employee with the services of a private rehabilitation
15counselor or with rehabilitative training under sub. (3) before the department of
16workforce development
makes its determination under par. (a).
SB21,2983 17Section 2983. 102.61 (1m) (f) of the statutes is amended to read:
SB21,1177,2218 102.61 (1m) (f) The department office shall promulgate rules establishing
19procedures and requirements for the private rehabilitation counseling and
20rehabilitative training process under this subsection. Those rules shall include rules
21specifying the procedure and requirements for certification of private rehabilitation
22counselors.
SB21,2984 23Section 2984. 102.61 (2) of the statutes is amended to read:
SB21,1178,524 102.61 (2) The department division, the commission, and the courts shall
25determine the rights and liabilities of the parties under this section in like manner

1and with like effect as the department division, the commission, and the courts
2determine other issues under this chapter. A determination under this subsection
3may include a determination based on the evidence regarding the cost or scope of the
4services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost
5or reasonableness of a rehabilitative training program developed under sub. (1m) (a).
SB21,2985 6Section 2985. 102.62 of the statutes is amended to read:
SB21,1178,22 7102.62 Primary and secondary liability; unchangeable. In case of
8liability under s. 102.57 or 102.60, the liability of the employer shall be primary and
9the liability of the insurance carrier shall be secondary. If proceedings are had before
10the department division for the recovery of that liability, the department division
11shall set forth in its award the amount and order of liability as provided in this
12section. Execution shall not be issued against the insurance carrier to satisfy any
13judgment covering that liability until execution has first been issued against the
14employer and has been returned unsatisfied as to any part of that liability. Any
15provision in any insurance policy undertaking to guarantee primary liability or to
16avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the
17employer has been adjudged bankrupt or has made an assignment for the benefit of
18creditors, or if the employer, other than an individual, has gone out of business or has
19been dissolved, or if the employer is a corporation and its charter has been forfeited
20or revoked, the insurer shall be liable for the payment of that liability without
21judgment or execution against the employer, but without altering the primary
22liability of the employer.
SB21,2986 23Section 2986. 102.63 of the statutes is amended to read:
SB21,1179,7 24102.63 Refunds by state. Whenever the department shall certify office
25certifies
to the secretary of administration that excess payment has been made under

1s. 102.59 or under s. 102.49 (5) either because of mistake or otherwise, the secretary
2of administration shall
within 5 days after receipt of such that certificate the
3secretary of administration shall
draw an order against the fund in the state
4treasury into which such that excess was paid, reimbursing such the payor of such
5the excess payment, together with interest actually earned thereon if. If the excess
6payment has been on deposit for at least 6 months, the payor of the excess payment
7shall also be paid interest actually earned on the excess payment
.
SB21,2987 8Section 2987. 102.64 (1) of the statutes is amended to read:
SB21,1179,209 102.64 (1) Upon request of the department of administration, a representative
10of the department of justice shall represent the state in cases involving payment into
11or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The
12department of justice, after giving notice to the department of administration, may
13compromise the amount of those payments but such compromises shall be subject to
14review by the department of workforce development office. If the spouse or domestic
15partner under ch. 770 of the deceased employee compromises his or her claim for a
16primary death benefit, the claim of the children of the employee under s. 102.49 shall
17be compromised on the same proportional basis, subject to approval by the
18department office. If the persons entitled to compensation on the basis of total
19dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49
20(5) (a) shall be compromised on the same proportional basis.
SB21,2988 21Section 2988. 102.64 (2) of the statutes is amended to read:
SB21,1180,822 102.64 (2) Upon request of the department of administration, the attorney
23general shall appear on behalf of the state in proceedings upon claims for
24compensation against the state. Except as provided in s. 102.65 (3), the department
25of justice shall represent the interests of the state in proceedings under s. 102.44 (1),

1102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims
2in those proceedings, but the compromises are subject to review by the department
3of workforce development
office. Costs incurred by the department of justice in
4prosecuting or defending any claim for payment into or out of the work injury
5supplemental benefit fund under s. 102.65, including expert witness and witness
6fees but not including attorney fees or attorney travel expenses for services
7performed under this subsection, shall be paid from the work injury supplemental
8benefit fund.
SB21,2989 9Section 2989. 102.65 (1) of the statutes is amended to read:
SB21,1180,1510 102.65 (1) The moneys payable to the state treasury under ss. 102.35 (1),
11102.47, 102.49, 102.59, and 102.60, together with all accrued interest on those
12moneys, and all interest payments received under s. 102.75 (2), shall constitute a
13separate nonlapsible fund designated as the work injury supplemental benefit fund.
14Moneys in the fund may be expended only as provided in s. 20.445 (1) 20.145 (6) (t)
15and may not be used for any other purpose of the state.
SB21,2990 16Section 2990. 102.65 (2) of the statutes is amended to read:
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