SB665,49 9Section 49. 102.44 (1) (am) of the statutes is amended to read:
SB665,28,1410 102.44 (1) (am) If the employee is receiving the maximum weekly benefits in
11effect at the time of the injury, the supplemental benefit for a week of disability
12occurring after March 2, 2016 the effective date of this paragraph .... [LRB inserts
13date]
, shall be an amount that, when added to the regular benefit established for the
14case, shall equal $669 $711.
SB665,50 15Section 50. 102.44 (1) (b) of the statutes is amended to read:
SB665,28,2116 102.44 (1) (b) If the employee is receiving a weekly benefit that is less than the
17maximum benefit that was in effect on the date of the injury, the supplemental
18benefit for a week of disability occurring after March 2, 2016 the effective date of this
19paragraph .... [LRB inserts date]
, shall be an amount sufficient to bring the total
20weekly benefits to the same proportion of $669 $711 as the employee's weekly benefit
21bears to the maximum in effect on the date of injury.
SB665,51 22Section 51. 102.44 (2) of the statutes is amended to read:
SB665,29,323 102.44 (2) In case of permanent total disability, aggregate indemnity shall be
24weekly indemnity for the period that the employee may live. Total impairment for
25industrial use of both eyes, the loss of both arms at or near the shoulder, the loss of

1both legs at or near the hip, or the loss of one arm at the shoulder and one leg at the
2hip constitutes permanent total disability. This enumeration is not exclusive, but in
3other cases the department or the division shall find the facts.
SB665,52 4Section 52. 102.44 (6) (b) of the statutes is amended to read:
SB665,29,105 102.44 (6) (b) If during the period set forth in s. 102.17 (4) the employment
6relationship is terminated by the employer at the time of the injury or by the
7employee because his or her physical or mental limitations prevent his or her
8continuing in such employment, or if during that period a wage loss of 15 percent or
9more occurs, the department or the division may reopen any award and make a
10redetermination taking into account loss of earning capacity.
SB665,53 11Section 53. 102.525 of the statutes is created to read:
SB665,29,15 12102.525 Additional payment for permanent partial disability. (1) If any
13of the following applies during the period set forth in s. 102.17 (4) with respect to an
14employee who sustains a disability specified under s. 102.52, the number of weeks
15for which indemnity shall be payable shall be increased by 15 percent:
SB665,29,1816 (a) The employment relationship is terminated by the employer at the time of
17the injury or by the employee because his or her physical or mental limitations
18prevent his or her continuing in the employment.
SB665,29,1919 (b) The percentage of wage loss during the period is 15 percent or more.
SB665,29,21 20(2) For the purpose of determining the percentage of wage loss under sub. (1)
21(b), all of the following apply:
SB665,29,2322 (a) Wage loss shall be determined based on wages as determined under s.
23102.11.
SB665,29,2524 (b) The percentage wage loss shall be determined using actual average wages
25over a period of at least 13 weeks following the employee's injury.
SB665,30,2
1(c) The determination of wage loss may not take into account any of the
2following:
SB665,30,43 1. Any period during which benefits are payable for temporary disability under
4s. 102.43 (5).
SB665,30,55 2. Any period during which the employee received benefits under ch. 108.
SB665,30,66 3. Any payments for permanent partial disability under s. 102.52.
SB665,30,10 7(3) For the purposes of sub. (1), if an employer makes a good faith offer of
8employment that is refused by the employee without just cause, the employee is
9considered to have returned to work at the amount of wages the employee would have
10received but for the employee's refusal of employment.
SB665,30,12 11(4) An increase under sub. (1) shall be applied after the application of any
12increase under s. 102.53 or 102.54.
SB665,54 13Section 54. 102.61 (2) of the statutes is amended to read:
SB665,30,2014 102.61 (2) The department, the division, the commission, and the courts shall
15determine the rights and liabilities of the parties under this section in like manner
16and with like effect as the department, the division, the commission, and the courts
17determine other issues under this chapter. A determination under this subsection
18may include a determination based on the evidence regarding the cost or scope of the
19services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost
20or reasonableness of a rehabilitative training program developed under sub. (1m) (a).
SB665,55 21Section 55. 102.62 of the statutes is amended to read:
SB665,31,12 22102.62 Primary and secondary liability; unchangeable. In case of
23liability under s. 102.57 or 102.60, the liability of the employer shall be primary and
24the liability of the insurance carrier shall be secondary. If proceedings are had before
25the department or the division for the recovery of that liability, the department or the

1division shall set forth in its award the amount and order of liability as provided in
2this section. Execution shall not be issued against the insurance carrier to satisfy
3any judgment covering that liability until execution has first been issued against the
4employer and has been returned unsatisfied as to any part of that liability. Any
5provision in any insurance policy undertaking to guarantee primary liability or to
6avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the
7employer has been adjudged bankrupt or has made an assignment for the benefit of
8creditors, if the employer, other than an individual, has gone out of business or has
9been dissolved, or if the employer is a corporation and its charter has been forfeited
10or revoked, the insurer shall be liable for the payment of that liability without
11judgment or execution against the employer, but without altering the primary
12liability of the employer.
SB665,56 13Section 56. 102.75 (1m) of the statutes is amended to read:
SB665,31,1814 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28
15(2) and 102.31 (7), together with all accrued interest, shall constitute a separate
16nonlapsible fund designated as the worker's compensation operations fund. Moneys
17in the fund may be expended only as provided in ss. 20.427 (1) (ra) and 20.445 (1) (ra),
18(rb), (rc), and (rp) and may not be used for any other purpose of the state.
SB665,57 19Section 57. 102.80 (1) (d) of the statutes is amended to read:
SB665,31,2120 102.80 (1) (d) Amounts collected from employees or dependents of employees
21under s. 102.81 (4) (b) and (c).
SB665,58 22Section 58. 102.81 (4) (b) (intro.) of the statutes is amended to read:
SB665,31,2523 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from
24the employee's employer or a 3rd party liable under s. 102.29, pay to the department
25the lesser of the following:
SB665,59
1Section 59. 102.81 (4) (b) 2. of the statutes is amended to read:
SB665,32,32 102.81 (4) (b) 2. The amount after attorney fees and costs that the employee
3or dependent received from the employer or 3rd party.
SB665,60 4Section 60. 102.81 (4) (c) of the statutes is created to read:
SB665,32,75 102.81 (4) (c) If the employee or dependent receives compensation from a 3rd
6party that is liable under s. 102.29, pay to the department the proceeds as specified
7under s. 102.29 (1) (b).
SB665,61 8Section 61. 102.81 (5) of the statutes is amended to read:
SB665,32,109 102.81 (5) The department of justice may bring an action to collect the a
10payment under sub. (4) (b) or (c).
SB665,62 11Section 62. 102.82 (1) of the statutes is amended to read:
SB665,32,2012 102.82 (1) Except as provided in sub. (2) (ar), an uninsured employer shall
13reimburse the department for any payment made under s. 102.81 (1) to or on behalf
14of an employee of the uninsured employer or to an employee's dependents and for any
15expenses paid by the department in administering the claim of the employee or
16dependents, less amounts repaid by the employee or dependents under s. 102.81 (4)
17(b) or (c). The reimbursement owed under this subsection is due within 30 days after
18the date on which the department notifies the uninsured employer that the
19reimbursement is owed. Interest shall accrue on amounts not paid when due at the
20rate of 1 percent per month.
SB665,63 21Section 63. 108.227 (1) (e) 16. of the statutes is created to read:
SB665,32,2322 108.227 (1) (e) 16. A license issued by the division of hearings and appeals
23under s. 102.17 (1) (c).
SB665,64 24Section 64. 108.227 (1) (f) of the statutes is amended to read:
SB665,33,8
1108.227 (1) (f) “Licensing department" means the department of
2administration; the division of hearings and appeals; the department of agriculture,
3trade and consumer protection; the board of commissioners of public lands; the
4department of children and families; the ethics commission; the department of
5financial institutions; the department of health services; the department of natural
6resources; the department of public instruction; the department of revenue; the
7department of safety and professional services; the office of the commissioner of
8insurance; or the department of transportation.
SB665,65 9Section 65. 108.227 (1m) (intro.) of the statutes is amended to read:
SB665,33,1510 108.227 (1m) General provisions. (intro.) The department shall promulgate
11rules specifying procedures to be used before taking action under sub. (3) (b) or s.
12102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7),
13or 105.13 (4) with respect to a person whose license or credential is to be denied, not
14renewed, discontinued, suspended, or revoked, including rules with respect to all of
15the following:
SB665,66 16Section 66. 108.227 (3) (a) 3. of the statutes is amended to read:
SB665,33,2017 108.227 (3) (a) 3. Upon the request of any person whose license or certificate
18has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34
19(10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or
20certificate if the applicant is not liable for delinquent contributions.
SB665,67 21Section 67. 108.227 (5) (a) of the statutes is amended to read:
SB665,34,1322 108.227 (5) (a) The department of workforce development shall conduct a
23hearing requested by a license holder or applicant for a license or license renewal or
24continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275
25(2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review

1a certification or determination of contribution delinquency that is the basis of a
2denial, suspension, or revocation of a license or certificate in accordance with this
3section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
4103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph
5is limited to questions of mistaken identity of the license or certificate holder or
6applicant and of prior payment of the contributions that the department of workforce
7development certified or determined the license or certificate holder or applicant
8owes the department. At a hearing under this paragraph, any statement filed by the
9department of workforce development, the licensing department, or the supreme
10court, if the supreme court agrees, may be admitted into evidence and is prima facie
11evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to
12a hearing under this paragraph is not entitled to any other notice, hearing, or review,
13except as provided in sub. (6).
SB665,68 14Section 68. 108.227 (5) (b) 1. of the statutes is amended to read:
SB665,34,2315 108.227 (5) (b) 1. Issue a nondelinquency certificate to a license holder or an
16applicant for a license or license renewal or continuation if the department
17determines that the license holder or applicant is not liable for delinquent
18contributions. For a hearing requested in response to an action taken under s. 102.17
19(1) (ct),
103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13
20(4), the department shall grant a license or certificate or reinstate a license or
21certificate if the department determines that the applicant for or the holder of the
22license or certificate is not liable for delinquent contributions, unless there are other
23grounds for denying the application or revoking the license or certificate.
SB665,69 24Section 69. 108.227 (5) (b) 2. of the statutes is amended to read:
SB665,35,9
1108.227 (5) (b) 2. Provide notice that the department of workforce development
2has affirmed its certification of contribution delinquency to a license holder; to an
3applicant for a license, a license renewal, or a license continuation; and to the
4licensing department or the supreme court, if the supreme court agrees. For a
5hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2)
6(bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department
7of workforce development shall provide notice to the license or certificate holder or
8applicant that the department of workforce development has affirmed its
9determination of contribution delinquency.
SB665,70 10Section 70. DWD 80.03 (1) (d) of the administrative code is amended to read:
SB665,35,1711 DWD 80.03 (1) (d) No compromise agreement may provide for a lump sum
12payment of more than the incurred medical expenses plus sums accrued as
13compensation or death benefits to the date of the agreement and $10,000 $50,000 in
14unaccrued benefits where the compromise settlement in a claim other than for death
15benefits involves a dispute as to the extent of permanent disability. Lump sum
16payments will be considered after approval of the compromise in accordance with s.
17DWD 80.39.
SB665,71 18Section 71. Nonstatutory provisions.
SB665,36,219 (1) The department of workforce development shall conduct an analysis
20regarding the methods of calculation of hearing loss under chapter 102 of the
21statutes and how they compare to the methods of calculation used in the worker's
22compensation laws of other states, as well as an analysis of how improvements in
23technology should guide future decisions regarding how to calculate hearing loss for
24worker's compensation purposes in this state. The department shall, within 6

1months after the effective date of this subsection, issue a report of its findings to the
2council on worker's compensation.
SB665,36,63 (2) The department of workforce development shall, within 3 months after the
4effective date of this subsection, report to the council on worker's compensation on
5the department's progress in carrying out its duties under section 102.44 (4m) of the
6statutes.
SB665,36,127 (3) All rules promulgated by the department of workforce development in effect
8on the effective date of this subsection that are primarily related to licenses issued
9under section 102.17 (1) (c) of the statutes, as determined by the secretary of
10administration, remain in effect until their specified expiration dates or until
11amended or repealed by the administrator of the division of hearings and appeals in
12the department of administration.
SB665,36,2213 (4) Using the procedure under section 227.24 of the statutes, the department
14of workforce development may promulgate rules required under section 102.423 (4)
15of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes,
16emergency rules promulgated under this subsection remain in effect until July 1,
172020, or the date on which permanent rules take effect, whichever is sooner.
18Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not
19required to provide evidence that promulgating a rule under this subsection as an
20emergency rule is necessary for the preservation of the public peace, health, safety,
21or welfare and is not required to provide a finding of emergency for a rule
22promulgated under this subsection.
SB665,72 23Section 72. Fiscal changes.
SB665,37,624 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
25to the department of workforce development under section 20.445 (1) (ra) of the

1statutes, the dollar amount for fiscal year 2017-18 is increased by $630,000 for costs
2associated with the health service fee schedule under section 102.423 of the statutes.
3In the schedule under section 20.005 (3) of the statutes for the appropriation to the
4department of workforce development under section 20.445 (1) (ra) of the statutes,
5the dollar amount for fiscal year 2018-19 is increased by $100,000 for costs
6associated with the health service fee schedule under section 102.423 of the statutes.
SB665,37,107 (2) On the effective date of this subsection, there is transferred from the
8appropriation account under section 20.445 (1) (t) of the statutes to the appropriation
9account under section 20.445 (1) (rc) of the statutes the unencumbered balance of the
10amount collected under section 102.75 (1g) of the statutes.
SB665,73 11Section 73. Initial applicability.
SB665,37,1412 (1) The treatment of sections 102.80 (1) (d), 102.81 (4) (b) (intro.) and 2. and (c)
13and (5), and 102.82 (1) of the statutes first applies to actions filed under section
14102.29 of the statutes on the effective date of this subsection.
SB665,74 15Section 74. Effective dates. This act takes effect on the day after publication,
16except as follows:
SB665,37,1917 (1) The treatment of sections 102.11 (1) (intro.) and 102.44 (1) (ag), (am), and
18(b) of the statutes takes effect on January 1, 2018, or on the day after publication,
19whichever is later.
SB665,37,2320 (2) The treatment of sections 102.13 (2) (b), 102.33 (1m), and 102.427 of the
21statutes, the renumbering of section 102.14 of the statutes, the amendment of section
22102.14 (title) of the statutes, and the creation of section 102.14 (2m) of the statutes
23take effect on January 1, 2019.
SB665,37,2524 (3) The treatment of section 102.525 of the statutes takes effect on the first day
25of the 7th month beginning after publication.
SB665,38,2
1(4) The treatment of section DWD 80.03 (1) (d) of the Wisconsin Administrative
2Code takes effect as provided in section 227.265 of the statutes.
SB665,38,33 (End)
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