SB21: Bill Text

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:

SB21,1178,22 102.62 Primary and secondary liability; unchangeable. In case of liability under s. 102.57 or 102.60, the liability of the employer shall be primary and the liability of the insurance carrier shall be secondary. If proceedings are had before the department division for the recovery of that liability, the department division shall set forth in its award the amount and order of liability as provided in this section. Execution shall not be issued against the insurance carrier to satisfy any judgment covering that liability until execution has first been issued against the employer and has been returned unsatisfied as to any part of that liability. Any provision in any insurance policy undertaking to guarantee primary liability or to avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the employer has been adjudged bankrupt or has made an assignment for the benefit of creditors, or if the employer, other than an individual, has gone out of business or has been dissolved, or if the employer is a corporation and its charter has been forfeited or revoked, the insurer shall be liable for the payment of that liability without judgment or execution against the employer, but without altering the primary liability of the employer.

SB21,2986 Section 2986. 102.63 of the statutes is amended to read:

SB21,1179,7 102.63 Refunds by state. Whenever the department shall certify office certifies to the secretary of administration that excess payment has been made under s. 102.59 or under s. 102.49 (5) either because of mistake or otherwise, the secretary of administration shall within 5 days after receipt of such that certificate the secretary of administration shall draw an order against the fund in the state treasury into which such that excess was paid, reimbursing such the payor of such the excess payment, together with interest actually earned thereon if. If the excess payment has been on deposit for at least 6 months, the payor of the excess payment shall also be paid interest actually earned on the excess payment.

SB21,2987 Section 2987. 102.64 (1) of the statutes is amended to read:

SB21,1179,20 102.64 (1) Upon request of the department of administration, a representative of the department of justice shall represent the state in cases involving payment into or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The department of justice, after giving notice to the department of administration, may compromise the amount of those payments but such compromises shall be subject to review by the department of workforce development office. If the spouse or domestic partner under ch. 770 of the deceased employee compromises his or her claim for a primary death benefit, the claim of the children of the employee under s. 102.49 shall be compromised on the same proportional basis, subject to approval by the department office. If the persons entitled to compensation on the basis of total dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be compromised on the same proportional basis.

SB21,2988 Section 2988. 102.64 (2) of the statutes is amended to read:

SB21,1180,8 102.64 (2) Upon request of the department of administration, the attorney general shall appear on behalf of the state in proceedings upon claims for compensation against the state. Except as provided in s. 102.65 (3), the department of justice shall represent the interests of the state in proceedings under s. 102.44 (1), 102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims in those proceedings, but the compromises are subject to review by the department of workforce development office. Costs incurred by the department of justice in prosecuting or defending any claim for payment into or out of the work injury supplemental benefit fund under s. 102.65, including expert witness and witness fees but not including attorney fees or attorney travel expenses for services performed under this subsection, shall be paid from the work injury supplemental benefit fund.

SB21,2989 Section 2989. 102.65 (1) of the statutes is amended to read:

SB21,1180,15 102.65 (1) The moneys payable to the state treasury under ss. 102.35 (1), 102.47, 102.49, 102.59, and 102.60, together with all accrued interest on those moneys, and all interest payments received under s. 102.75 (2), shall constitute a separate nonlapsible fund designated as the work injury supplemental benefit fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) 20.145 (6) (t) and may not be used for any other purpose of the state.

SB21,2990 Section 2990. 102.65 (2) of the statutes is amended to read:

SB21,1180,21 102.65 (2) For proper administration of the moneys available in the fund the department office shall by order, set aside in the state treasury suitable reserves to carry to maturity the liability for benefits under ss. 102.44, 102.49, 102.59, and 102.66. Such Those moneys shall be invested by the investment board in accordance with s. 25.14 (5).

SB21,2991 Section 2991. 102.65 (3) of the statutes is amended to read:

SB21,1181,5 102.65 (3) The department of workforce development office may retain the department of administration to process, investigate, and pay claims under ss. 102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce development office, the department of administration may compromise a claim processed by that department, but a compromise made by that department is subject to review by the department of workforce development office. The department of workforce development office shall pay for the services retained under this subsection from the appropriation account under s. 20.445 (1) 20.145 (6) (t).

SB21,2992 Section 2992. 102.65 (4) (intro.) of the statutes is amended to read:

SB21,1181,18 102.65 (4) (intro.) The secretary shall monitor the cash balance in, and incurred losses to, the work injury supplemental benefit fund using generally accepted actuarial principles. If the secretary determines that the expected ultimate losses to the work injury supplemental benefit fund on known claims exceed 85 percent of the cash balance in that fund, the secretary shall consult with the council on worker's compensation. If the secretary, after consulting with the council on worker's compensation, determines that there is a reasonable likelihood that the cash balance in the work injury supplemental benefit fund may become inadequate to fund all claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file with the secretary of administration a certificate attesting that the cash balance in that fund is likely to become inadequate to fund all claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66 and specifying one of the following:

SB21,2993 Section 2993 . 102.65 (4) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1182,8 102.65 (4) (intro.) The secretary commissioner shall monitor the cash balance in, and incurred losses to, the work injury supplemental benefit fund using generally accepted actuarial principles. If the secretary commissioner determines that the expected ultimate losses to the work injury supplemental benefit fund on known claims exceed 85 percent of the cash balance in that fund, the secretary commissioner shall consult with the council on worker's compensation. If the secretary, after consulting with the council on worker's compensation, the commissioner determines that there is a reasonable likelihood that the cash balance in the work injury supplemental benefit fund may become inadequate to fund all claims under ss. 102.49, 102.59, and 102.66, the secretary commissioner shall file with the secretary of administration a certificate attesting that the cash balance in that fund is likely to become inadequate to fund all claims under ss. 102.49, 102.59, and 102.66 and specifying one of the following:

SB21,2994 Section 2994. 102.65 (4) (a) of the statutes is amended to read:

SB21,1182,11 102.65 (4) (a) That payment of those claims will be made as provided in a schedule that the department office shall promulgate by rule.

SB21,2995 Section 2995. 102.66 (1) of the statutes is amended to read:

SB21,1183,2 102.66 (1) Subject to any certificate filed under s. 102.65 (4), if there is an otherwise meritorious claim for occupational disease, or for a traumatic injury described in s. 102.17 (4) in which the date of injury or death or last payment of compensation, other than for treatment or burial expenses, is before April 1, 2006, and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the department office may, in lieu of worker's compensation benefits, direct payment from the work injury supplemental benefit fund under s. 102.65 of such compensation and such medical expenses as would otherwise be due, based on the date of injury, to or on behalf of the injured employee. The benefits shall be supplemental, to the extent of compensation liability, to any disability or medical benefits payable from any group insurance policy whose premium is paid in whole or in part by any employer, or under any federal insurance or benefit program providing disability or medical benefits. Death benefits payable under any such group policy do not limit the benefits payable under this section.

SB21,2996 Section 2996. 102.75 (1) of the statutes is amended to read:

SB21,1183,18 102.75 (1) The department office shall assess upon and collect from each licensed worker's compensation insurance carrier and from each employer exempted under s. 102.28 (2) by special order or by rule, the proportion of total costs and expenses incurred by the council on worker's compensation for travel and research and by the department office, the division, and the commission in the administration of this chapter for the current fiscal year plus any deficiencies in collections and anticipated costs from the previous fiscal year, that the total indemnity paid or payable under this chapter by each such carrier and exempt employer in worker's compensation cases initially closed during the preceding calendar year, other than for increased, double, or treble compensation bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers and exempt employers other than for increased, double, or treble compensation. The council on worker's compensation, the division, and the commission shall annually certify any costs and expenses for worker's compensation activities to the department office at such time as the secretary commissioner requires.

SB21,2997 Section 2997. 102.75 (1g) of the statutes is created to read:

SB21,1184,2 102.75 (1g) (a) Subject to par. (b), the department shall collect from each licensed worker's compensation carrier the proportion of reimbursement approved by the department under s. 102.44 (1) (c) 1. for supplemental benefits paid in the year before the previous year that the total indemnity paid or payable under this chapter by the carrier in worker's compensation cases initially closed during the preceding calendar year, other than for increased, double, or treble compensation, bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers, other than for increased, double, or treble compensation.

SB21,1184,10 (b) The maximum amount that the department may collect under par. (a) in a calendar year is $5,000,000. If the amount determined collectible under par. (a) in a calendar year is $5,000,000 or less, the department shall collect that amount. If the amount determined collectible under par. (a) in a calendar year exceeds $5,000,000, the department shall collect $5,000,000 in the year in which the determination is made and, subject to the maximum amount collectible of $5,000,000 per calendar year, shall collect the excess in the next calendar year or in subsequent calendar years until that excess is collected in full.

SB21,1184,13 (c) This subsection does not apply to claims for reimbursement under s. 102.44 (1) (c) 1. for supplemental benefits paid for injuries that occur on or after January 1, 2016.

SB21,2998 Section 2998. 102.75 (1g) (a) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1184,23 102.75 (1g) (a) Subject to par. (b), the department office shall collect from each licensed worker's compensation carrier the proportion of reimbursement approved by the department office under s. 102.44 (1) (c) 1. for supplemental benefits paid in the year before the previous year that the total indemnity paid or payable under this chapter by the carrier in worker's compensation cases initially closed during the preceding calendar year, other than for increased, double, or treble compensation, bore to the total indemnity paid in cases closed the previous calendar year under this chapter by all carriers, other than for increased, double, or treble compensation.

SB21,2999 Section 2999. 102.75 (1g) (b) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1185,8 102.75 (1g) (b) The maximum amount that the department office may collect under par. (a) in a calendar year is $5,000,000. If the amount determined collectible under par. (a) in a calendar year is $5,000,000 or less, the department office shall collect that amount. If the amount determined collectible under par. (a) in a calendar year exceeds $5,000,000, the department office shall collect $5,000,000 in the year in which the determination is made and, subject to the maximum amount collectible of $5,000,000 per calendar year, shall collect the excess in the next calendar year or in subsequent calendar years until that excess is collected in full.

SB21,3000 Section 3000. 102.75 (1m) of the statutes is amended to read:

SB21,1185,14 102.75 (1m) The moneys collected under sub. subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose of the state.

SB21,3001 Section 3001 . 102.75 (1m) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1185,21 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) ss. 20.145 (6) (ra), (rb), and (rp) and 20.445 (2) (ra) and may not be used for any other purpose of the state.

SB21,3002 Section 3002. 102.75 (2) of the statutes is amended to read:

SB21,1186,10 102.75 (2) The department shall require that payments for costs and expenses for each fiscal year shall be made on such dates as the department prescribes by each licensed worker's compensation insurance carrier and employer exempted under s. 102.28 (2) (b) from the duty to insure under s. 102.28 (2) (a) to make the payments required under sub. (1) for each fiscal year on such dates as the department prescribes. The department shall also require each licensed worker's compensation insurance carrier to make the payments required under sub. (1g) for each fiscal year on those dates. Each such payment shall be a sum equal to a proportionate share of the annual costs and expenses assessed upon each carrier and employer as estimated by the department. Interest shall accrue on amounts not paid within 30 days after the date prescribed by the department under this subsection at the rate of 1 percent per month. All interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

SB21,3003 Section 3003 . 102.75 (2) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1186,24 102.75 (2) The department office shall require each licensed worker's compensation insurance carrier and employer exempted under s. 102.28 (2) (b) from the duty to insure under s. 102.28 (2) (a) to make the payments required under sub. (1) for each fiscal year on such dates as the department office prescribes. The department office shall also require each licensed worker's compensation insurance carrier to make the payments required under sub. (1g) for each fiscal year on those dates. Each such payment shall be a sum equal to a proportionate share of the annual costs and expenses assessed upon each carrier and employer as estimated by the department office. Interest shall accrue on amounts not paid within 30 days after the date prescribed by the department office under this subsection at the rate of 1 percent per month. All interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

SB21,3004 Section 3004. 102.75 (4) of the statutes is amended to read:

SB21,1187,5 102.75 (4) From the appropriation under s. 20.445 (1) 20.145 (6) (ra), the department office shall allocate the amounts that it collects in application fees from employers applying for exemption under s. 102.28 (2) and the annual amount that it collects from employers that have been exempted under s. 102.28 (2) to fund the activities of the department office under s. 102.28 (2) (b) and (c).

SB21,3005 Section 3005. 102.80 (1) (e) of the statutes is amended to read:

SB21,1187,8 102.80 (1) (e) All moneys received by the department office for the uninsured employers fund from any other source.

SB21,3006 Section 3006. 102.80 (1) (f) of the statutes is created to read:

SB21,1187,11 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the appropriation account under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).

SB21,3007 Section 3007. 102.80 (1) (f) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1187,16 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the appropriation account under s. 20.445 (1) 20.145 (6) (ra) as provided in s. 102.81 (1) (c).

SB21,3008 Section 3008. 102.80 (1m) of the statutes is amended to read:

SB21,1187,21 102.80 (1m) The moneys collected or received under sub. (1), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the uninsured employers fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) 20.145 (6) (sm) and may not be used for any other purpose of the state.

SB21,3009 Section 3009. 102.80 (3) (a) of the statutes is amended to read:

SB21,1188,4 102.80 (3) (a) If the cash balance in the uninsured employers fund equals or exceeds $4,000,000, the secretary commissioner shall consult the council on worker's compensation within 45 days after that cash balance equals or exceeds $4,000,000. The secretary may file with the secretary of administration, within Within 15 days after consulting the council on worker's compensation, the commissioner may file with the secretary of administration a certificate attesting that the cash balance in the uninsured employers fund equals or exceeds $4,000,000.

SB21,3010 Section 3010. 102.80 (3) (ag) of the statutes is amended to read:

SB21,1188,18 102.80 (3) (ag) The secretary commissioner shall monitor the cash balance in, and incurred losses to, the uninsured employers fund using generally accepted actuarial principles. If the secretary commissioner determines that the expected ultimate losses to the uninsured employers fund on known claims exceed 85 percent of the cash balance in the uninsured employers fund, the secretary commissioner shall consult with the council on worker's compensation. If the secretary, after consulting with the council on worker's compensation, the commissioner determines that there is a reasonable likelihood that the cash balance in the uninsured employers fund may become inadequate to fund all claims under s. 102.81 (1), the secretary commissioner shall file with the secretary of administration a certificate attesting that the cash balance in the uninsured employer's fund is likely to become inadequate to fund all claims under s. 102.81 (1) and specifying a date after which no new claims under s. 102.81 (1) will be paid.

SB21,3011 Section 3011. 102.80 (3) (am) of the statutes is amended to read:

SB21,1188,25 102.80 (3) (am) If the secretary commissioner files the certificate under par. (a), the department may expend the moneys in the uninsured employers fund office may, beginning on the first day of the first July after the secretary commissioner files that certificate, expend the moneys in the uninsured employers fund to make payments under s. 102.81 (1) to employees of uninsured employers and to obtain reinsurance under s. 102.81 (2).

SB21,3012 Section 3012. 102.80 (3) (b) of the statutes is amended to read:

SB21,1189,4 102.80 (3) (b) If the secretary commissioner does not file the certificate under par. (a), the department office may not expend the moneys in the uninsured employers fund.

SB21,3013 Section 3013. 102.80 (3) (c) of the statutes is amended to read:

SB21,1189,11 102.80 (3) (c) If, after filing the certificate under par. (a), the secretary commissioner files the certificate under par. (ag), the department office may expend the moneys in the uninsured employers fund only to make payments under s. 102.81 (1) to employees of uninsured employers on claims made before the date specified in that the certificate under par. (ag) and to obtain reinsurance under s. 102.81 (2) for the payment of those claims.

SB21,3014 Section 3014. 102.80 (4) (a) (intro.) of the statutes is amended to read:

SB21,1189,17 102.80 (4) (a) (intro.) If an uninsured employer who owes to the department office any amount under s. 102.82 or 102.85 (4) transfers his or her business assets or activities, the transferee is liable for the amounts owed by the uninsured employer under s. 102.82 or 102.85 (4) if the department office determines that all of the following conditions are satisfied:

SB21,3015 Section 3015. 102.80 (4) (b) of the statutes is amended to read:

SB21,1189,22 102.80 (4) (b) The department office may collect from a transferee described in par. (a) an amount owed under s. 102.82 or 102.85 (4) using the procedures specified in ss. 102.83, 102.835, and 102.87 and the preference specified in s. 102.84 in the same manner as the department office may collect from an uninsured employer.