SB456,62
1Section 62. 102.44 (3) of the statutes is amended to read:
SB456,41,92 102.44 (3) For permanent partial disability not covered by ss. 102.52 to 102.56,
3the aggregate number of weeks of indemnity shall bear such relation to 1,000 weeks
4as the nature of the injury bears to one causing permanent total disability and. The
5weekly indemnity for such permanent partial disability
shall be payable at the rate
6of two-thirds of the average weekly earnings of the employee, the earnings to be
7computed as provided in s. 102.11. The weekly indemnity , shall be in addition to
8compensation for the healing period, and shall be for the period that the employee
9may live, not to exceed 1,000 weeks.
SB456,63 10Section 63. 102.44 (4m) of the statutes is created to read:
SB456,41,1711 102.44 (4m) The department shall promulgate rules establishing minimum
12permanent disability ratings for amputation levels, losses of motion, sensory losses,
13and surgical procedures resulting from injuries for which permanent partial
14disability is claimed under sub. (3) or (4). Those rules shall provide that those
15minimum ratings for a surgical procedure performed on an injured employee do not
16apply if it is shown that after the procedure the injured employee suffers from no
17actual impairment as a result of the employee's injury.
SB456,64 18Section 64. 102.44 (5) (intro.) of the statutes is amended to read:
SB456,41,2219 102.44 (5) (intro.) In cases where in which it is determined that periodic
20benefits granted by the federal social security act are paid to the employee because
21of disability or old age, the benefits payable under this chapter shall be reduced as
22follows:
SB456,65 23Section 65. 102.44 (5) (a) of the statutes is amended to read:
SB456,42,724 102.44 (5) (a) For each dollar that the total monthly benefits payable under this
25chapter, excluding attorney fees and costs, plus the monthly benefits payable under

1the social security act for disability or old-age assistance exceed 80% 80 percent of
2the employee's average current earnings as determined by the social security
3administration, the benefits payable under this chapter shall be reduced by the same
4amount so that the total benefits payable shall do not exceed 80% 80 percent of the
5employee's average current earnings. However, no total benefit payable under this
6chapter and under the federal social security act may be reduced to an amount that
7is
less than the benefit payable under this chapter.
SB456,66 8Section 66. 102.44 (5) (c) of the statutes is amended to read:
SB456,42,139 102.44 (5) (c) Failure of the employee, except for excusable neglect, to report
10social security disability or old-age assistance payments within 30 days after written
11request shall allow the employer or insurance carrier to reduce weekly compensation
12benefits payable under this chapter by 75% 75 percent. Compensation benefits
13otherwise payable shall be reimbursed to the employee after reporting.
SB456,67 14Section 67. 102.44 (5) (e) of the statutes is amended to read:
SB456,42,2115 102.44 (5) (e) The reduction prescribed by this section subsection for benefits
16payable under the social security act for disability
shall be allowed only as to
17payments made on or after July 1, 1980, and the reduction prescribed by this
18subsection for benefits payable under the social security act for old-age assistance
19shall be allowed only as to payments made on or after July 1, 2016, and those
20reductions
shall be computed on the basis of payments made for temporary total,
21temporary partial, permanent total, and permanent partial disability.
SB456,68 22Section 68. 102.44 (5) (h) of the statutes is created to read:
SB456,43,223 102.44 (5) (h) No reduction under this subsection shall be made on account of
24periodic benefits paid to an injured employee under the social security act for old-age

1assistance if it is shown that, notwithstanding the receipt of those benefits, the
2injured employee is available for work.
SB456,69 3Section 69. 102.44 (5m) of the statutes is created to read:
SB456,43,104 102.44 (5m) (a) Subject to pars. (b) to (f), an employer or insurer may reduce
5the amount of benefits payable under this chapter to an injured employee, including
6benefits paid in a lump sum under a compromise settlement under s. 102.16 (1), by
7the amount of benefits paid or payable to the injured employee under the worker's
8compensation law of any other state for the same injury, including benefits paid in
9a lump sum under a compromise settlement under the worker's compensation law
10of that state.
SB456,43,2011 (b) An employer or insurer that is liable to an injured employee for benefits
12payable under this chapter may request in writing that the injured employee report
13to the employer or insurer any benefits paid or payable to the injured employee under
14the worker's compensation law of any other state. If for reasons other than excusable
15neglect an employee fails to respond to a request under this paragraph within 30
16days after the date of the request, the employer or insurer may reduce the employee's
17weekly compensation benefits under this chapter by 75 percent until such time as
18the employee reports that information. On receipt of that information, the employer
19or insurer shall reimburse the employee for all compensation benefits otherwise
20payable during the period of the reduction.
SB456,43,2421 (c) An employer or insurer that reduces the amount of benefits payable under
22this chapter as permitted under par. (a) shall report that reduction to the department
23and, on request of the department, shall furnish proof of the basis for that reduction
24that is satisfactory to the department.
SB456,44,6
1(d) An employer or insurer may reduce the amount of benefits payable under
2this chapter as permitted under par. (a) only as to payments under the worker's
3compensation law of another state made on or after the effective date of this
4paragraph .... [LRB inserts date], and shall compute that reduction on the basis of
5payments made for temporary total, temporary partial, permanent total, and
6permanent partial disability.
SB456,44,107 (e) An employer or insurer may not reduce the amount of benefits payable
8under this chapter as otherwise permitted under par. (a) on account of payments
9made under the worker's compensation law of another state to a dependent of the
10employee.
SB456,44,1511 (f) An employer or insurer may not reduce the amount of temporary disability
12benefits payable under this chapter by the amount of temporary disability benefits
13payable under the worker's compensation laws of another state during a period in
14which an injured employee is receiving vocational rehabilitation services under s.
15102.61 (1) or (1m).
SB456,70 16Section 70. 102.58 of the statutes, as affected by 2015 Wisconsin Act 55, is
17amended to read:
SB456,45,5 18102.58 Decreased compensation. If injury is caused by the failure of the
19employee to use safety devices that are provided in accordance with any statute, rule,
20or order of the department of safety and professional services and that are
21adequately maintained, and the use of which is reasonably enforced by the employer,
22if injury results from the employee's failure to obey any reasonable rule adopted and
23reasonably enforced by the employer for the safety of the employee and of which the
24employee has notice, or if injury results from the intoxication of the employee by
25alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as

1defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m),
2or if injury results from any other negligence attributable to the employee, the
3compensation and death benefit provided in this chapter shall be reduced by 15
4percent but the total reduction may not exceed $15,000
in proportion to the amount
5of negligence attributable to the employee
.
SB456,71 6Section 71. 102.75 (1) of the statutes, as affected by 2015 Wisconsin Act 55,
7is amended to read:
SB456,45,238 102.75 (1) The department shall assess upon and collect from each licensed
9worker's compensation insurance carrier and from each employer exempted under
10s. 102.28 (2) by special order or by rule, (b) or (bm) from the duty to carry insurance
11under s. 102.28 (2) (a)
the proportion of total costs and expenses incurred by the
12council on worker's compensation for travel and research and by the department, the
13division, and the commission in the administration of this chapter for the current
14fiscal year, plus any deficiencies in collections and anticipated costs from the
15previous fiscal year, that the total indemnity paid or payable under this chapter by
16each such carrier and exempt employer in worker's compensation cases initially
17closed during the preceding calendar year, other than for increased, double, or treble
18compensation, bore to the total indemnity paid in cases closed the previous calendar
19year under this chapter by all carriers and exempt employers, other than for
20increased, double, or treble compensation. The council on worker's compensation,
21the division, and the commission shall annually certify any costs and expenses for
22worker's compensation activities to the department at such time as the secretary
23requires.
SB456,72 24Section 72. 102.75 (4) of the statutes is amended to read:
SB456,46,5
1102.75 (4) From the appropriation under s. 20.445 (1) (ra), the department
2shall allocate the amounts that it collects in application fees from employers
3applying for exemption under s. 102.28 (2) (b) and the annual amount that it collects
4from employers that have been exempted under s. 102.28 (2) (b) to fund the activities
5of the department under s. 102.28 (2) (b) and (c) with respect to those employers.
SB456,73 6Section 73. 102.81 (1) (a) of the statutes is amended to read:
SB456,46,137 102.81 (1) (a) If an employee of an uninsured employer, other than an employee
8who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for
9which the uninsured employer is liable under s. 102.03, the department or the
10department's reinsurer shall pay to or on behalf of the injured employee or to the
11employee's dependents an amount equal to the compensation owed them by the
12uninsured employer under this chapter except penalties and interest due under ss.
13102.16 (3), 102.18 (1) (b) 3. and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60.
SB456,74 14Section 74. 108.10 (4) of the statutes is amended to read:
SB456,46,2315 108.10 (4) The department or the employing unit may commence action for the
16judicial review of a commission decision under this section, provided the department,
17or the employing unit, after exhausting the remedies provided under this section, has
18commenced such action within 30 days after such decision was mailed to the
19employing unit's last-known address. The scope of judicial review, and the manner
20thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In
21an action commenced by an employing unit under this section, the department shall
22be an adverse party a defendant under s. 102.23 (1) (a) and shall be named as a party
23defendant in the summons and complaint commencing the action.
SB456,75 24Section 75. 165.60 of the statutes is amended to read:
SB456,47,11
1165.60 Law enforcement. The department of justice is authorized to enforce
2ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30 (1m), 944.31, 944.33, 944.34,
3945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false
4statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described
5under s. 175.60 (17) (c), to enforce s. 946.32, is authorized to assist the department
6of workforce development in the investigation and prosecution of suspected
7fraudulent activity related to worker's compensation as provided in s. 102.125,
and
8is invested with the powers conferred by law upon sheriffs and municipal police
9officers in the performance of those duties. This section does not deprive or relieve
10sheriffs, constables, and other local police officers of the power and duty to enforce
11those sections, and those officers shall likewise enforce those sections.
SB456,76 12Section 76. Nonstatutory provisions.
SB456,47,1713 (1) Fraud investigation and prosecution; department of justice position
14authorization.
The authorized FTE positions for the department of justice are
15increased by 1.0 PR-S position, to be funded from the appropriation under section
1620.455 (2) (k) of the statutes, for the purpose of investigating and prosecuting
17fraudulent activity related to worker's compensation.
SB456,48,718 (2) Study of restricted work during employee healing period. The secretary
19of workforce development shall create a committee under section 15.04 (1) (c) of the
20statutes to study ways and means of encouraging employers to provide, and injured
21employees to participate in, light-duty programs under which injured employees
22who can return to restricted types of work during their healing periods are furnished
23with suitable employment that is within the physical and mental limitations of those
24employees. The study shall include an examination of the types of physical and
25mental limitations that do not preclude a return to work during the healing period

1and the types of work that are suitable for injured employees who have those
2limitations. The committee shall include representatives of employers, employees,
3worker's compensation insurers authorized to do business in this state, and the
4department of workforce development. Upon completion of the study, the committee
5shall report its findings, conclusions, and recommendations to the department of
6workforce development and the council on worker's compensation, after which the
7committee shall terminate its activities and cease to exist.
SB456,77 8Section 77 . Initial applicability.
SB456,48,129 (1) Judicial review of worker's compensation decisions. The treatment of
10sections 102.23 (1) (a), (c), and (cm) and 108.10 (4) of the statutes first applies to an
11action for the review of an order or award of the labor and industry review
12commission commenced in circuit court on the effective date of this subsection.
SB456,48,1613 (2) Administrative review of worker's compensation decisions. The treatment
14of section 102.18 (3) and (4) (b) of the statutes first applies to a petition for the review
15of a decision of a department of workforce development hearing examiner filed with
16the labor and industry review commission on the effective date of this subsection.
SB456,48,1917 (3) Review of permanent partial disability awards. The treatment of section
18102.18 (7) of the statutes first applies to a final award of worker's compensation made
19on the effective date of this subsection.
SB456,48,2220 (4) Renewed periods of disability. The treatment of sections 102.03 (4) (with
21respect to renewed periods of disability) and 102.43 (7) (c) 1. and 2. of the statues first
22applies to a week of disability beginning after the effective date of this subsection.
SB456,78 23Section 78. Effective date.
SB456,49,2
1(1) This act takes effect on January 1, 2016, or on the day after publication,
2whichever is later.
SB456,49,33 (End)
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