SB673,98
7Section
98. 102.26 (4) of the statutes is amended to read:
SB673,44,128
102.26
(4) Any attorney or other person who charges or receives any fee in
9violation of this section may be required to forfeit double the amount retained by the
10attorney or other person, which forfeiture shall be collected by the state in an action
11in debt upon complaint of the department
or the division. Out of the sum recovered
12the court shall direct payment to the injured party of the amount of the overcharge.
SB673,99
13Section
99. 102.27 (2) (b) of the statutes is amended to read:
SB673,44,2314
102.27
(2) (b) If a governmental unit provides public assistance under ch. 49
15to pay medical costs or living expenses related to a claim under this chapter and if
16the governmental unit has given the parties to the claim written notice stating that
17the governmental unit provided the assistance and the cost of that assistance, the
18department
or the division shall order the employer or insurance carrier owing
19compensation to reimburse that governmental unit for the amount of assistance the
20governmental unit provided or two-thirds of the amount of the award or payment
21remaining after deduction of attorney fees and any other fees or costs chargeable
22under ch. 102, whichever is less. The department shall comply with this paragraph
23when making payments under s. 102.81.
SB673,100
24Section
100. 102.28 (3) (c) of the statutes is amended to read:
SB673,45,16
1102.28
(3) (c) An employee who has signed a waiver under par. (a) 1. and an
2affidavit under par. (a) 2., who sustains an injury that, but for that waiver, the
3employer would be liable for under s. 102.03, who at the time of the injury was a
4member of a religious sect whose authorized representative has filed an affidavit
5under par. (a) 3. and an agreement under par. (a) 4., and who as a result of the injury
6becomes dependent on the religious sect for financial and medical assistance, or the
7employee's dependent, may request a hearing under s. 102.17 (1) to determine if the
8religious sect has provided the employee and his or her dependents with a standard
9of living and medical treatment that are reasonable when compared to the general
10standard of living and medical treatment for members of the religious sect. If, after
11hearing, the
division department determines that the religious sect has not provided
12that standard of living or medical treatment, or both, the
division department may
13order the religious sect to provide alternative benefits to that employee or his or her
14dependent, or both, in an amount that is reasonable under the circumstances, but
15not in excess of the benefits that the employee or dependent could have received
16under this chapter but for the waiver under par. (a) 1.
SB673,101
17Section
101. 102.28 (4) (c) of the statutes is amended to read:
SB673,45,2118
102.28
(4) (c) After a hearing under par. (b), or without a hearing if one is not
19requested, the
division department may issue an order to an employer to cease
20operations on a finding that the employer is an uninsured employer.
If no hearing
21is requested, the department may issue such an order.
SB673,102
22Section
102. 102.29 (1) (b) (intro.) of the statutes is amended to read:
SB673,46,823
102.29
(1) (b) (intro.) If a party entitled to notice cannot be found, the
24department shall become the agent of that party for the giving of a notice as required
25in par. (a) and the notice, when given to the department, shall include an affidavit
1setting forth the facts, including the steps taken to locate that party. Each party shall
2have an equal voice in the prosecution of the claim, and any disputes arising shall
3be passed upon by the court before whom the case is pending, and if no action is
4pending, then by a court of record or by the department
or the division. If notice is
5given as provided in par. (a), the liability of the tort-feasor shall be determined as
6to all parties having a right to make claim and, irrespective of whether or not all
7parties join in prosecuting the claim, the proceeds of the claim shall be divided as
8follows:
SB673,103
9Section
103. 102.29 (1) (c) of the statutes is amended to read:
SB673,46,1510
102.29
(1) (c) If both the employee or the employee's personal representative
11or other person entitled to bring action, and the employer, compensation insurer, or
12department, join in the pressing of said claim and are represented by counsel, the
13attorney fees allowed as a part of the costs of collection shall be, unless otherwise
14agreed upon, divided between the attorneys for those parties as directed by the court
15or by the department
or the division.
SB673,104
16Section
104. 102.29 (1) (d) of the statutes is amended to read:
SB673,46,2017
102.29
(1) (d) A settlement of a 3rd-party claim shall be void unless the
18settlement and the distribution of the proceeds of the settlement are approved by the
19court before whom the action is pending or, if no action is pending, then by a court
20of record or by the department
or the division.
SB673,105
21Section
105. 102.29 (6m) (a) 1m. of the statutes is created to read:
SB673,46,2322
102.29
(6m) (a) 1m. The employee leasing company that employs the leased
23employee.
SB673,106
24Section 106
. 102.29 (6m) (a) 3. of the statutes is amended to read:
SB673,47,7
1102.29
(6m) (a) 3. Any employee of the client
, the employee leasing company
2that employs the leased employee, or of
that other an employee leasing company
3described in subd. 2., unless the leased employee who has the right to make a claim
4for compensation would have a right under s. 102.03 (2) to bring an action against
5the employee of the client
, the employee leasing company that employs the leased
6employee, or the leased employee of the
other employee leasing company
described
7in subd. 2., if the employees and leased employees were coemployees.
SB673,107
8Section
107. 102.30 (7) (a) of the statutes is amended to read:
SB673,47,149
102.30
(7) (a) The department
or the division may order direct reimbursement
10out of the proceeds payable under this chapter for payments made under a
11nonindustrial insurance policy covering the same disability and expenses
12compensable under s. 102.42 when the claimant consents or when it is established
13that the payments under the nonindustrial insurance policy were improper. No
14attorney fee is due with respect to that reimbursement.
SB673,108
15Section 108
. 102.315 (1) (c) of the statutes is amended to read:
SB673,47,1916
102.315
(1) (c) “Divided workforce" means a workforce in which some of the
17employees of a client are leased employees and some of the employees of the client
18are not leased employees
, but does not include a workforce with respect to a client
19that has elected to provide insurance coverage for leased employees under sub. (2m).
SB673,109
20Section 109
. 102.315 (2) of the statutes is amended to read:
SB673,48,821
102.315
(2) Employee leasing company liable. An Except as otherwise
22provided in an employee leasing agreement that meets the requirements of sub.
23(2m), an employee leasing company is liable under s. 102.03 for all compensation
24payable under this chapter to a leased employee, including any payments required
25under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60.
1If a client that makes an election under sub. (2m) (a) terminates the election, fails
2to provide the required coverage, or allows coverage to lapse, the employee leasing
3company is liable under s. 102.03 as set forth in this subsection. Except as
permitted 4allowed under s. 102.29, an employee leasing company may not seek or receive
5reimbursement from another employer for any payments made as a result of that
6liability. An employee leasing company is not liable under s. 102.03 for any
7compensation payable under this chapter to an employee of a client who is not a
8leased employee.
SB673,110
9Section 110
. 102.315 (2e) of the statutes is created to read:
SB673,48,1610
102.315
(2e) Termination of employee leasing agreement. If an employee
11leasing company terminates an employee leasing agreement with a client that has
12made an election under sub. (2m) (a), the company shall provide notice of the
13termination of an employee leasing agreement to the department and the client, on
14a form prescribed by the department, at least 30 days before the termination of the
15employee leasing agreement. The notice provided under this subsection must
16contain all of the following information:
SB673,48,1817
(a) The name, mailing address, and federal employer identification number of
18the employee leasing company.
SB673,48,2019
(b) The name, mailing address, and federal employer identification number of
20the client.
SB673,48,2121
(c) The effective date of the termination of the employee leasing agreement.