Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1073 Compare Versions

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Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Assembly Bill 1073 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to repeal 102.51 (1) (a) 2.; to renumber and amend 102.32 (6m); to amend 102.11 (1) (intro.), 102.13 (1)
5		-	(a), 102.13 (1) (b) (intro.), 1., 3. and 4., 102.13 (1) (d) 1., 2., 3. and 4., 102.13 (2) (a), 102.13 (2) (b), 102.17 (1) (d)
6		-	1. and 2., 102.17 (4) (a), 102.29 (3), 102.42 (2) (a), 102.51 (1) (a) 1., 102.61 (1), 102.61 (1g) (b), 102.61 (1g) (c),
7		-	102.61 (1m) (a), 102.81 (1) (c) 1. and 102.81 (1) (c) 2.; and to create 102.18 (1) (b) 1d., 102.18 (1) (b) 1h., 102.18
8		-	(1) (b) 1p., 102.18 (1) (b) 1t. and 102.32 (6m) (b) of the statutes; relating to: various changes to the worker’s compen-
9		-	sation law.
10		-	The people of the state of Wisconsin, represented in
11		-	senate and assembly, do enact as follows:
12		-	SECTION 1. 102.11 (1) (intro.) of the statutes is
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 1073
	5	+	February 8, 2024 - Introduced by C OMMITTEE ON LABOR AND INTEGRATED
	6	+	EMPLOYMENT. Referred to Committee on Labor and Integrated Employment.
	7	+	*AUTHORS SUBJECT TO CHANGE*
	8	+	AN ACT to repeal 102.51 (1) (a) 2.; to renumber and amend 102.32 (6m); to
	9	+	amend 102.11 (1) (intro.), 102.13 (1) (a), 102.13 (1) (b) (intro.), 1., 3. and 4.,
	10	+	102.13 (1) (d) 1., 2., 3. and 4., 102.13 (2) (a), 102.13 (2) (b), 102.17 (1) (d) 1. and
	11	+	2., 102.17 (4) (a), 102.29 (3), 102.42 (2) (a), 102.51 (1) (a) 1., 102.61 (1), 102.61
	12	+	(1g) (b), 102.61 (1g) (c), 102.61 (1m) (a), 102.81 (1) (c) 1. and 102.81 (1) (c) 2.; and
	13	+	to create 102.18 (1) (b) 1d., 102.18 (1) (b) 1h., 102.18 (1) (b) 1p., 102.18 (1) (b)
	14	+	1t. and 102.32 (6m) (b) of the statutes; relating to: various changes to the
	15	+	worker's compensation law.
	16	+	Analysis by the Legislative Reference Bureau
	17	+	This bill makes various changes to the worker's compensation law, as
	18	+	administered by the Department of Workforce Development and the Division of
	19	+	Hearings and Appeals (DHA) in the Department of Administration.
	20	+	Maximum weekly compensation for permanent partial disability
	21	+	The bill increases the maximum weekly compensation rate for permanent
	22	+	partial disability from $430 to $438 for injuries occurring before January 1, 2025, and
	23	+	to $446 for injuries occurring on or after that date.
	24	+	Uninsured employers fund
	25	+	Under current law, DWD administers an uninsured employers fund (UEF),
	26	+	from which DWD pays benefits to injured employees of employers that are not
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	37	+	insured or self-insured against worker's compensation liability as required under
	38	+	the worker's compensation law. Also under current law, the additional solvency
	39	+	protection for UEF applies to claims of more than $1,000,000, and is used to pay
	40	+	claims of more than $1,000,000. If such a claim is not covered by excess or stop-loss
	41	+	reinsurance, worker's compensation insurance carriers are required to reimburse
	42	+	UEF, up to $500,000 per year, until the amount paid out of UEF is fully paid. Under
	43	+	the bill, the amount of a claim for which UEF is used to pay is increased to $2,000,000
	44	+	or more.
	45	+	Advance payment for permanent partial disability
	46	+	Under current law, DWD or DHA may direct an advance on a payment of
	47	+	unaccrued compensation for permanent disability or death benefits not more than
	48	+	three payments per calendar year if DWD or DHA determines it is in the best interest
	49	+	of the injured employee or dependents and credits the employer or insurer an interest
	50	+	credit of 5 percent against its liability. Under the bill, an employer or an employer's
	51	+	insurer may make advance payment of unaccrued compensation for permanent
	52	+	partial disability in undisputed cases in the same manner, but without the interest
	53	+	credit to the employer or insurer.
	54	+	Case closing
	55	+	The bill clarifies some of the duties of DWD and DHA with respect to closing
	56	+	cases for claims of compensation. The bill requires DHA to return to DWD the case
	57	+	file for any case within 30 days after DHA issues an order on the merits of the case,
	58	+	if there is no pending appeal to a court. The bill also clarifies that DWD has exclusive
	59	+	authority to close a case of a claim for compensation. The bill allows DWD to notify
	60	+	the parties when it closes a case of a claim for compensation. The bill requires DWD
	61	+	to forward to DHA the file for a closed case of a claim for compensation if a hearing
	62	+	is required because a claimant has filed a subsequent application for compensation.
	63	+	Finally, the bill provides the statute of limitations begins to run on the date an order
	64	+	is issued by the division that approves a compromise agreement, and subsequent
	65	+	claims will not be barred except as provided by the applicable statute of limitations.
	66	+	Advanced practice nurse prescribers
	67	+	Current law provides for the certification of advanced practice nurses by the
	68	+	Board of Nursing to allow advanced practice nurses to prescribe medication, and the
	69	+	worker's compensation law thus refers to “advanced practice nurse prescribers” in
	70	+	lists of treatment providers in various provisions. The bill changes these references
	71	+	to “advanced practice registered nurses.”
	72	+	Making references in the statutes gender neutral
	73	+	The bill makes references to spouses under the worker's compensation law
	74	+	gender-neutral, to harmonize it with the holding of the U.S. Supreme Court in
	75	+	Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognized that
	76	+	same-sex couples have a fundamental constitutional right to marriage.
	77	+	References to federal law
	78	+	The bill updates references to the federal Rehabilitation Act of 1973 to account
	79	+	for subsequent amendments to the federal act. - 3 -2023 - 2024 Legislature
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	82	+	ASSEMBLY BILL 1073
	83	+	For further information see the state and local fiscal estimate, which will be
	84	+	printed as an appendix to this bill.
	85	+	The people of the state of Wisconsin, represented in senate and assembly, do
	86	+	enact as follows:
	87	+	SECTION 1. 102.11 (1) (intro.) of the statutes is amended to read:
	88	+	102.11 (1) (intro.) The average weekly earnings for temporary disability,
	89	+	permanent total disability, or death benefits for injury in each calendar year on or
	90	+	after January 1, 1982, shall be not less than $30 nor more than the wage rate that
	91	+	results in a maximum compensation rate of 110 percent of the state's average weekly
	92	+	earnings as determined under s. 108.05 as of June 30 of the previous year. The
	93	+	average weekly earnings for permanent partial disability shall be not less than $30
	94	+	and, for permanent partial disability for injuries occurring on or after January 1,
	95	+	2017, and before April 10, 2022, not more than $543, resulting in a maximum
	96	+	compensation rate of $362; for permanent partial disability for injuries occurring on
	97	+	or after April 10, 2022, and before January 1, 2023, not more than $622.50, resulting
	98	+	in a maximum compensation rate of $415; and for permanent partial disability for
	99	+	injuries occurring on or after January 1, 2023, and before the effective date of this
	100	+	subsection .... [LRB inserts date], not more than $645, resulting in a maximum
	101	+	compensation rate of $430; for permanent partial disability for injuries occurring on
	102	+	or after the effective date of this subsection .... [LRB inserts date], and before January
	103	+	1, 2025, not more than $657, resulting in a maximum compensation rate of $438; and
	104	+	for permanent partial disability for injuries occurring on or after January 1, 2025,
	105	+	not more than $669, resulting in a maximum compensation rate of $446. Between
	106	+	such limits the average weekly earnings shall be determined as follows:
	107	+	SECTION 2. 102.13 (1) (a) of the statutes is amended to read:
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	131	+	102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed
	132	+	by an employee, the employee shall, upon the written request of the employee's
	133	+	employer or worker's compensation insurer, submit to reasonable examinations by
	134	+	physicians, chiropractors, psychologists, dentists, physician assistants, advanced
	135	+	practice nurse prescribers registered nurses, or podiatrists provided and paid for by
	136	+	the employer or insurer. No employee who submits to an examination under this
	137	+	paragraph is a patient of the examining physician, chiropractor, psychologist,
	138	+	dentist, physician assistant, advanced practice registered nurse prescriber, or
	139	+	podiatrist for any purpose other than for the purpose of bringing an action under ch.
	140	+	655, unless the employee specifically requests treatment from that physician,
	141	+	chiropractor, psychologist, dentist, physician assistant, advanced practice registered
	142	+	nurse prescriber, or podiatrist.
	143	+	SECTION 3. 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
	144	+	read:
	145	+	102.13 (1) (b) (intro.) An employer or insurer who requests that an employee
	146	+	submit to reasonable examination under par. (a) or (am) shall tender to the employee,
	147	+	before the examination, all necessary expenses including transportation expenses.
	148	+	The employee is entitled to have a physician, chiropractor, psychologist, dentist,
	149	+	physician assistant, advanced practice registered nurse prescriber, or podiatrist
	150	+	provided by himself or herself present at the examination and to receive a copy of all
	151	+	reports of the examination that are prepared by the examining physician,
	152	+	chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced
	153	+	practice registered nurse prescriber, or vocational expert immediately upon receipt
	154	+	of those reports by the employer or worker's compensation insurer. The employee is
	155	+	entitled to have one observer provided by himself or herself present at the
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	183	+	SECTION 3
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	185	+	examination. The employee is also entitled to have a translator provided by himself
	186	+	or herself present at the examination if the employee has difficulty speaking or
	187	+	understanding the English language. The employer's or insurer's written request
	188	+	for examination shall notify the employee of all of the following:
	189	+	1. The proposed date, time, and place of the examination and the identity and
	190	+	area of specialization of the examining physician, chiropractor, psychologist, dentist,
	191	+	podiatrist, physician assistant, advanced practice registered nurse prescriber, or
	192	+	vocational expert.
	193	+	3. The employee's right to have his or her physician, chiropractor, psychologist,
	194	+	dentist, physician assistant, advanced practice registered nurse prescriber, or
	195	+	podiatrist present at the examination.
	196	+	4. The employee's right to receive a copy of all reports of the examination that
	197	+	are prepared by the examining physician, chiropractor, psychologist, dentist,
	198	+	podiatrist, physician assistant, advanced practice registered nurse prescriber, or
	199	+	vocational expert immediately upon receipt of these reports by the employer or
	200	+	worker's compensation insurer.
	201	+	SECTION 4. 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
	202	+	102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist,
	203	+	physician assistant, advanced practice registered nurse prescriber, or vocational
	204	+	expert who is present at any examination under par. (a) or (am) may be required to
	205	+	testify as to the results of the examination.
	206	+	2. Any physician, chiropractor, psychologist, dentist, physician assistant,
	207	+	advanced practice registered nurse prescriber, or podiatrist who attended a worker's
	208	+	compensation claimant for any condition or complaint reasonably related to the
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	235	+	condition for which the claimant claims compensation may be required to testify
	236	+	before the division when the division so directs.
	237	+	3. Notwithstanding any statutory provisions except par. (e), any physician,
	238	+	chiropractor, psychologist, dentist, physician assistant, advanced practice registered
	239	+	nurse prescriber, or podiatrist attending a worker's compensation claimant for any
	240	+	condition or complaint reasonably related to the condition for which the claimant
	241	+	claims compensation may furnish to the employee, employer, worker's compensation
	242	+	insurer, department, or division information and reports relative to a compensation
	243	+	claim.
	244	+	4. The testimony of any physician, chiropractor, psychologist, dentist,
	245	+	physician assistant, advanced practice registered nurse prescriber, or podiatrist who
	246	+	is licensed to practice where he or she resides or practices in any state and the
	247	+	testimony of any vocational expert may be received in evidence in compensation
	248	+	proceedings.
	249	+	SECTION 5. 102.13 (2) (a) of the statutes is amended to read:
	250	+	102.13 (2) (a) An employee who reports an injury alleged to be work-related
	251	+	or files an application for hearing waives any physician-patient,
	252	+	psychologist-patient, or chiropractor-patient privilege with respect to any condition
	253	+	or complaint reasonably related to the condition for which the employee claims
	254	+	compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
	255	+	physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
	256	+	advanced practice registered nurse prescriber, hospital, or health care provider
	257	+	shall, within a reasonable time after written request by the employee, employer,
	258	+	worker's compensation insurer, department, or division, or its representative,
	259	+	provide that person with any information or written material reasonably related to
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	287	+	SECTION 5
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	289	+	any injury for which the employee claims compensation. If the request is by a
	290	+	representative of a worker's compensation insurer for a billing statement, the
	291	+	physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
	292	+	advanced practice registered nurse prescriber, hospital, or health care provider
	293	+	shall, within 30 days after receiving the request, provide that person with a complete
	294	+	copy of an itemized billing statement or a billing statement in a standard billing
	295	+	format recognized by the federal government.
	296	+	SECTION 6. 102.13 (2) (b) of the statutes is amended to read:
	297	+	102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
	298	+	physician assistant, advanced practice registered nurse prescriber, hospital, or
	299	+	health service provider shall furnish a legible, certified duplicate of the written
	300	+	material requested under par. (a) in paper format upon payment of the actual costs
	301	+	of preparing the certified duplicate, not to exceed the greater of 45 cents per page or
	302	+	$7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified
	303	+	duplicate of that material in electronic format upon payment of $26 per request. Any
	304	+	person who refuses to provide certified duplicates of written material in the person's
	305	+	custody that is requested under par. (a) shall be liable for reasonable and necessary
	306	+	costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
	307	+	enforcing the requester's right to the duplicates under par. (a).
	308	+	SECTION 7. 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
	309	+	102.17 (1) (d) 1. The contents of certified medical and surgical reports by
	310	+	physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
	311	+	advanced practice nurse prescribers registered nurses, and chiropractors licensed in
	312	+	and practicing in this state, and of certified reports by experts concerning loss of
	313	+	earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
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	341	+	constitute prima facie evidence as to the matter contained in those reports, subject
	342	+	to any rules and limitations the division prescribes. Certified reports of physicians,
	343	+	podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
	344	+	practice nurse prescribers registered nurses, and chiropractors, wherever licensed
	345	+	and practicing, who have examined or treated the claimant, and of experts, if the
	346	+	practitioner or expert consents to being subjected to cross-examination, also
	347	+	constitute prima facie evidence as to the matter contained in those reports. Certified
	348	+	reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
	349	+	admissible as evidence of the diagnosis, necessity of the treatment, and cause and
	350	+	extent of the disability. Certified reports by doctors of dentistry, physician
	351	+	assistants, and advanced practice nurse prescribers registered nurses are
	352	+	admissible as evidence of the diagnosis and necessity of treatment but not of the
	353	+	cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
	354	+	psychologist, chiropractor, physician assistant, advanced practice registered nurse
	355	+	prescriber, or expert who knowingly makes a false statement of fact or opinion in a
	356	+	certified report may be fined or imprisoned, or both, under s. 943.395.
	357	+	2. The record of a hospital or sanatorium in this state that is satisfactory to the
	358	+	division, established by certificate, affidavit, or testimony of the supervising officer
	359	+	of the hospital or sanatorium, any other person having charge of the record, or a
	360	+	physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced
	361	+	practice registered nurse prescriber, or chiropractor to be the record of the patient
	362	+	in question, and made in the regular course of examination or treatment of the
	363	+	patient, constitutes prima facie evidence as to the matter contained in the record, to
	364	+	the extent that the record is otherwise competent and relevant.
	365	+	SECTION 8. 102.17 (4) (a) of the statutes is amended to read:
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	395	+	102.17 (4) (a) Except as provided in this subsection and s. 102.555 (12) (b), in
	396	+	the case of occupational disease, the right of an employee, the employee's legal
	397	+	representative, a dependent, the employee's employer or the employer's insurance
	398	+	company, or other named party to proceed under this section shall not extend beyond
	399	+	12 years after the date of the injury or death or after the date that compensation,
	400	+	other than for treatment or burial expenses, was last paid, or would have been last
	401	+	payable if no advancement were made, whichever date is latest, and in the case of
	402	+	traumatic injury, that right shall not extend beyond 6 years after that date. The
	403	+	statute of limitations under this subsection begins to run on the date an order is
	404	+	issued by the division approving a compromise agreement. A further claim is not
	405	+	barred except as provided in this subsection, regardless of whether an award is
	406	+	made.
	407	+	SECTION 9. 102.18 (1) (b) 1d. of the statutes is created to read:
	408	+	102.18 (1) (b) 1d. If an application has been filed under s. 102.17 (1) (a) 1. for
	409	+	a claim for compensation, after the division issues an order on the merits of the case
	410	+	of the claim under subd. 1., or an order under sub. (2) (c), if there is no pending action
	411	+	for review by a court, the division shall return to the department the file for the case
	412	+	of the claim within 30 days after issuing the order. The department shall conduct
	413	+	further administrative activities, including closing the case of the claim.
	414	+	SECTION 10. 102.18 (1) (b) 1h. of the statutes is created to read:
	415	+	102.18 (1) (b) 1h. The department has exclusive authority to close a case of a
	416	+	claim for compensation.
	417	+	SECTION 11. 102.18 (1) (b) 1p. of the statutes is created to read:
	418	+	102.18 (1) (b) 1p. If the department determines it is necessary, the department
	419	+	shall notify the parties when it closes a case of a claim for compensation.
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	447	+	SECTION 12. 102.18 (1) (b) 1t. of the statutes is created to read:
	448	+	102.18 (1) (b) 1t. The department shall forward to the division a case of a claim
	449	+	for compensation if a hearing is required when a party in interest files a subsequent
	450	+	application under s. 102.17 (1) (a) 1., after an order has been issued under subd. 1.
	451	+	or sub. (2) (c).
	452	+	SECTION 13. 102.29 (3) of the statutes is amended to read:
	453	+	102.29 (3) Nothing in this chapter shall prevent an employee from taking the
	454	+	compensation that the employee may be entitled to under this chapter and also
	455	+	maintaining a civil action against any physician, chiropractor, psychologist, dentist,
	456	+	physician assistant, advanced practice registered nurse prescriber, or podiatrist for
	457	+	malpractice.
	458	+	SECTION 14. 102.32 (6m) of the statutes is renumbered 102.32 (6m) (a) and
13	459		amended to read:
14		-	102.11 (1) (intro.) The average weekly earnings for
15		-	temporary disability, permanent total disability, or death
16		-	benefits for injury in each calendar year on or after Janu-
17		-	ary 1, 1982, shall be not less than $30 nor more than the
18		-	wage rate that results in a maximum compensation rate
19		-	of 110 percent of the state’s average weekly earnings as
20		-	determined under s. 108.05 as of June 30 of the previous
21		-	year. The average weekly earnings for permanent partial
22		-	disability shall be not less than $30 and, for permanent
23		-	partial disability for injuries occurring on or after January
24		-	1, 2017, and before April 10, 2022, not more than $543,
25		-	resulting in a maximum compensation rate of $362; for
26		-	permanent partial disability for injuries occurring on or
27		-	after April 10, 2022, and before January 1, 2023, not
28		-	more than $622.50, resulting in a maximum compensa-
29		-	tion rate of $415; and for permanent partial disability for
30		-	injuries occurring on or after January 1, 2023, and before
31		-	the effective date of this subsection .... [LRB inserts
32		-	date], not more than $645, resulting in a maximum com-
33		-	pensation rate of $430; for permanent partial disability
34		-	for injuries occurring on or after the effective date of this
35		-	subsection .... [LRB inserts date], and before January 1,
36		-	2025, not more than $657, resulting in a maximum com-
37		-	pensation rate of $438; and for permanent partial disabil-
38		-	ity for injuries occurring on or after January 1, 2025, not
39		-	more than $669, resulting in a maximum compensation
40		-	rate of $446. Between such limits the average weekly
41		-	earnings shall be determined as follows:
42		-	SECTION 2. 102.13 (1) (a) of the statutes is amended
43		-	to read:
44		-	102.13 (1) (a) Except as provided in sub. (4), when-
45		-	ever compensation is claimed by an employee, the
46		-	employee shall, upon the written request of the employ-
47		-	ee’s employer or worker’s compensation insurer, submit
48		-	to reasonable examinations by physicians, chiropractors,
49		-	psychologists, dentists, physician assistants, advanced
50		-	practice nurse prescribers registered nurses, or podia-
51		-	trists provided and paid for by the employer or insurer.
52		-	No employee who submits to an examination under this
53		-	paragraph is a patient of the examining physician, chiro-
54		-	practor, psychologist, dentist, physician assistant,
55		-	advanced practice registered nurse prescriber, or podia-
56		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
57		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 1073
58		-	trist for any purpose other than for the purpose of bring-
59		-	ing an action under ch. 655, unless the employee specifi-
60		-	cally requests treatment from that physician,
61		-	chiropractor, psychologist, dentist, physician assistant,
62		-	advanced practice registered nurse prescriber, or podia-
63		-	trist.
64		-	SECTION 3. 102.13 (1) (b) (intro.), 1., 3. and 4. of the
65		-	statutes are amended to read:
66		-	102.13 (1) (b) (intro.) An employer or insurer who
67		-	requests that an employee submit to reasonable examina-
68		-	tion under par. (a) or (am) shall tender to the employee,
69		-	before the examination, all necessary expenses including
70		-	transportation expenses. The employee is entitled to
71		-	have a physician, chiropractor, psychologist, dentist,
72		-	physician assistant, advanced practice registered nurse
73		-	prescriber, or podiatrist provided by himself or herself
74		-	present at the examination and to receive a copy of all
75		-	reports of the examination that are prepared by the exam-
76		-	ining physician, chiropractor, psychologist, podiatrist,
77		-	dentist, physician assistant, advanced practice registered
78		-	nurse prescriber, or vocational expert immediately upon
79		-	receipt of those reports by the employer or worker’s com-
80		-	pensation insurer. The employee is entitled to have one
81		-	observer provided by himself or herself present at the
82		-	examination. The employee is also entitled to have a
83		-	translator provided by himself or herself present at the
84		-	examination if the employee has difficulty speaking or
85		-	understanding the English language. The employer’s or
86		-	insurer’s written request for examination shall notify the
87		-	employee of all of the following:
88		-	1. The proposed date, time, and place of the examina-
89		-	tion and the identity and area of specialization of the
90		-	examining physician, chiropractor, psychologist, dentist,
91		-	podiatrist, physician assistant, advanced practice regis-
92		-	tered nurse prescriber, or vocational expert.
93		-	3. The employee’s right to have his or her physician,
94		-	chiropractor, psychologist, dentist, physician assistant,
95		-	advanced practice registered nurse prescriber, or podia-
96		-	trist present at the examination.
97		-	4. The employee’s right to receive a copy of all
98		-	reports of the examination that are prepared by the exam-
99		-	ining physician, chiropractor, psychologist, dentist,
100		-	podiatrist, physician assistant, advanced practice regis-
101		-	tered nurse prescriber, or vocational expert immediately
102		-	upon receipt of these reports by the employer or worker’s
103		-	compensation insurer.
104		-	SECTION 4. 102.13 (1) (d) 1., 2., 3. and 4. of the
105		-	statutes are amended to read:
106		-	102.13 (1) (d) 1. Any physician, chiropractor, psy-
107		-	chologist, dentist, podiatrist, physician assistant,
108		-	advanced practice registered nurse prescriber, or voca-
109		-	tional expert who is present at any examination under par.
110		-	(a) or (am) may be required to testify as to the results of
111		-	the examination.
112		-	2. Any physician, chiropractor, psychologist, dentist,
113		-	physician assistant, advanced practice registered nurse
114		-	prescriber, or podiatrist who attended a worker’s com-
115		-	pensation claimant for any condition or complaint rea-
116		-	sonably related to the condition for which the claimant
117		-	claims compensation may be required to testify before
118		-	the division when the division so directs.
119		-	3. Notwithstanding any statutory provisions except
120		-	par. (e), any physician, chiropractor, psychologist, den-
121		-	tist, physician assistant, advanced practice registered
122		-	nurse prescriber, or podiatrist attending a worker’s com-
123		-	pensation claimant for any condition or complaint rea-
124		-	sonably related to the condition for which the claimant
125		-	claims compensation may furnish to the employee,
126		-	employer, worker’s compensation insurer, department,
127		-	or division information and reports relative to a compen-
128		-	sation claim.
129		-	4. The testimony of any physician, chiropractor, psy-
130		-	chologist, dentist, physician assistant, advanced practice
131		-	registered nurse prescriber, or podiatrist who is licensed
132		-	to practice where he or she resides or practices in any state
133		-	and the testimony of any vocational expert may be
134		-	received in evidence in compensation proceedings.
135		-	SECTION 5. 102.13 (2) (a) of the statutes is amended
136		-	to read:
137		-	102.13 (2) (a) An employee who reports an injury
138		-	alleged to be work−related or files an application for
139		-	hearing waives any physician−patient, psychologist−
140		-	patient, or chiropractor−patient privilege with respect to
141		-	any condition or complaint reasonably related to the con-
142		-	dition for which the employee claims compensation.
143		-	Notwithstanding ss. 51.30 and 146.82 and any other law,
144		-	any physician, chiropractor, psychologist, dentist, podia-
145		-	trist, physician assistant, advanced practice registered
146		-	nurse prescriber, hospital, or health care provider shall,
147		-	within a reasonable time after written request by the
148		-	employee, employer, worker’s compensation insurer,
149		-	department, or division, or its representative, provide that
150		-	person with any information or written material reason-
151		-	ably related to any injury for which the employee claims
152		-	compensation. If the request is by a representative of a
153		-	worker’s compensation insurer for a billing statement,
154		-	the physician, chiropractor, psychologist, dentist, podia-
155		-	trist, physician assistant, advanced practice registered
156		-	nurse prescriber, hospital, or health care provider shall,
157		-	within 30 days after receiving the request, provide that
158		-	person with a complete copy of an itemized billing state-
159		-	ment or a billing statement in a standard billing format
160		-	recognized by the federal government.
161		-	SECTION 6. 102.13 (2) (b) of the statutes is amended
162		-	to read:
163		-	102.13 (2) (b) A physician, chiropractor, podiatrist,
164		-	psychologist, dentist, physician assistant, advanced prac-
165		-	tice registered nurse prescriber, hospital, or health ser-
166		-	vice provider shall furnish a legible, certified duplicate of
167		-	the written material requested under par. (a) in paper for-
168		-	mat upon payment of the actual costs of preparing the cer-
169		-	tified duplicate, not to exceed the greater of 45 cents per − 3 − 2023 Wisconsin Act 2023 Assembly Bill 1073
170		-	page or $7.50 per request, plus the actual costs of postage,
171		-	or shall furnish a legible, certified duplicate of that mate-
172		-	rial in electronic format upon payment of $26 per request.
173		-	Any person who refuses to provide certified duplicates of
174		-	written material in the person’s custody that is requested
175		-	under par. (a) shall be liable for reasonable and necessary
176		-	costs and, notwithstanding s. 814.04 (1), reasonable
177		-	attorney fees incurred in enforcing the requester’s right
178		-	to the duplicates under par. (a).
179		-	SECTION 7. 102.17 (1) (d) 1. and 2. of the statutes are
180		-	amended to read:
181		-	102.17 (1) (d) 1. The contents of certified medical
182		-	and surgical reports by physicians, podiatrists, surgeons,
183		-	dentists, psychologists, physician assistants, advanced
184		-	practice nurse prescribers registered nurses, and chiro-
185		-	practors licensed in and practicing in this state, and of
186		-	certified reports by experts concerning loss of earning
187		-	capacity under s. 102.44 (2) and (3), presented by a party
188		-	for compensation constitute prima facie evidence as to
189		-	the matter contained in those reports, subject to any rules
190		-	and limitations the division prescribes. Certified reports
191		-	of physicians, podiatrists, surgeons, dentists, psycholo-
192		-	gists, physician assistants, advanced practice nurse pre-
193		-	scribers registered nurses, and chiropractors, wherever
194		-	licensed and practicing, who have examined or treated
195		-	the claimant, and of experts, if the practitioner or expert
196		-	consents to being subjected to cross−examination, also
197		-	constitute prima facie evidence as to the matter contained
198		-	in those reports. Certified reports of physicians, podia-
199		-	trists, surgeons, psychologists, and chiropractors are
200		-	admissible as evidence of the diagnosis, necessity of the
201		-	treatment, and cause and extent of the disability. Certi-
202		-	fied reports by doctors of dentistry, physician assistants,
203		-	and advanced practice nurse prescribers registered
204		-	nurses are admissible as evidence of the diagnosis and
205		-	necessity of treatment but not of the cause and extent of
206		-	disability. Any physician, podiatrist, surgeon, dentist,
207		-	psychologist, chiropractor, physician assistant, advanced
208		-	practice registered nurse prescriber, or expert who know-
209		-	ingly makes a false statement of fact or opinion in a certi-
210		-	fied report may be fined or imprisoned, or both, under s.
211		-	943.395.
212		-	2. The record of a hospital or sanatorium in this state
213		-	that is satisfactory to the division, established by certifi-
214		-	cate, affidavit, or testimony of the supervising officer of
215		-	the hospital or sanatorium, any other person having
216		-	charge of the record, or a physician, podiatrist, surgeon,
217		-	dentist, psychologist, physician assistant, advanced prac-
218		-	tice registered nurse prescriber, or chiropractor to be the
219		-	record of the patient in question, and made in the regular
220		-	course of examination or treatment of the patient, consti-
221		-	tutes prima facie evidence as to the matter contained in
222		-	the record, to the extent that the record is otherwise com-
223		-	petent and relevant.
224		-	SECTION 8. 102.17 (4) (a) of the statutes is amended
225		-	to read:
226		-	102.17 (4) (a) Except as provided in this subsection
227		-	and s. 102.555 (12) (b), in the case of occupational dis-
228		-	ease, the right of an employee, the employee’s legal rep-
229		-	resentative, a dependent, the employee’s employer or the
230		-	employer’s insurance company, or other named party to
231		-	proceed under this section shall not extend beyond 12
232		-	years after the date of the injury or death or after the date
233		-	that compensation, other than for treatment or burial
234		-	expenses, was last paid, or would have been last payable
235		-	if no advancement were made, whichever date is latest,
236		-	and in the case of traumatic injury, that right shall not
237		-	extend beyond 6 years after that date. The statute of limi-
238		-	tations under this subsection begins to run on the date an
239		-	order is issued by the division approving a compromise
240		-	agreement. A further claim is not barred except as pro-
241		-	vided in this subsection, regardless of whether an award
242		-	is made.
243		-	SECTION 9. 102.18 (1) (b) 1d. of the statutes is created
244		-	to read:
245		-	102.18 (1) (b) 1d. If an application has been filed
246		-	under s. 102.17 (1) (a) 1. for a claim for compensation,
247		-	after the division issues an order on the merits of the case
248		-	of the claim under subd. 1., or an order under sub. (2) (c),
249		-	if there is no pending action for review by a court, the
250		-	division shall return to the department the file for the case
251		-	of the claim within 30 days after issuing the order. The
252		-	department shall conduct further administrative activi-
253		-	ties, including closing the case of the claim.
254		-	SECTION 10. 102.18 (1) (b) 1h. of the statutes is cre-
255		-	ated to read:
256		-	102.18 (1) (b) 1h. The department has exclusive
257		-	authority to close a case of a claim for compensation.
258		-	SECTION 11. 102.18 (1) (b) 1p. of the statutes is cre-
259		-	ated to read:
260		-	102.18 (1) (b) 1p. If the department determines it is
261		-	necessary, the department shall notify the parties when it
262		-	closes a case of a claim for compensation.
263		-	SECTION 12. 102.18 (1) (b) 1t. of the statutes is cre-
264		-	ated to read:
265		-	102.18 (1) (b) 1t. The department shall forward to the
266		-	division a case of a claim for compensation if a hearing
267		-	is required when a party in interest files a subsequent
268		-	application under s. 102.17 (1) (a) 1., after an order has
269		-	been issued under subd. 1. or sub. (2) (c).
270		-	SECTION 13. 102.29 (3) of the statutes is amended to
271		-	read:
272		-	102.29 (3) Nothing in this chapter shall prevent an
273		-	employee from taking the compensation that the
274		-	employee may be entitled to under this chapter and also
275		-	maintaining a civil action against any physician, chiro-
276		-	practor, psychologist, dentist, physician assistant,
277		-	advanced practice registered nurse prescriber, or podia-
278		-	trist for malpractice.
279		-	SECTION 14. 102.32 (6m) of the statutes is renum-
280		-	bered 102.32 (6m) (a) and amended to read: − 4 −2023 Wisconsin Act 2023 Assembly Bill 1073
281		-	102.32 (6m) (a) The department or the division may
282		-	direct an advance on a payment of unaccrued compensa-
283		-	tion for permanent disability or death benefits if the
284		-	department or the division determines that the advance
285		-	payment is in the best interest of the injured employee or
286		-	the employee’s dependents. In directing the advance, the
287		-	department or the division shall give the employer or the
288		-	employer’s insurer an interest credit against its liability.
289		-	The credit shall be computed at 5 percent. An injured
290		-	employee or dependent may receive no more than 3
291		-	advance payments per calendar year under this para-
292		-	graph.
293		-	SECTION 15. 102.32 (6m) (b) of the statutes is created
294		-	to read:
295		-	102.32 (6m) (b) Notwithstanding par. (a), an
296		-	employer or an employer’s insurer may voluntarily make
297		-	a lump sum payment of unaccrued compensation for per-
298		-	manent partial disability in undisputed claims to an
299		-	injured employee or the employee’s dependents with no
300		-	interest credit against the liability of the employer or the
301		-	employer’s insurer.
302		-	SECTION 16. 102.42 (2) (a) of the statutes is amended
303		-	to read:
304		-	102.42 (2) (a) When the employer has notice of an
305		-	injury and its relationship to the employment, the
306		-	employer shall offer to the injured employee his or her
307		-	choice of any physician, chiropractor, psychologist, den-
308		-	tist, physician assistant, advanced practice registered
309		-	nurse prescriber, or podiatrist licensed to practice and
310		-	practicing in this state for treatment of the injury. By
311		-	mutual agreement, the employee may have the choice of
312		-	any qualified practitioner not licensed in this state. In
313		-	case of emergency, the employer may arrange for treat-
314		-	ment without tendering a choice. After the emergency
315		-	has passed the employee shall be given his or her choice
316		-	of attending practitioner at the earliest opportunity. The
317		-	employee has the right to a 2nd choice of attending practi-
318		-	tioner on notice to the employer or its insurance carrier.
319		-	Any further choice shall be by mutual agreement. Part-
320		-	ners and clinics are considered to be one practitioner.
321		-	Treatment by a practitioner on referral from another prac-
322		-	titioner is considered to be treatment by one practitioner.
323		-	SECTION 17. 102.51 (1) (a) 1. of the statutes is
324		-	amended to read:
325		-	102.51 (1) (a) 1. A wife married person upon a hus-
326		-	band his or her spouse with whom he or she is living at
327		-	the time of his the spouse’s death.
328		-	SECTION 18. 102.51 (1) (a) 2. of the statutes is
329		-	repealed.
330		-	SECTION 19. 102.61 (1) of the statutes is amended to
331		-	read:
332		-	102.61 (1) Subject to subs. (1g) and (1m), an
333		-	employee who is entitled to receive and has received
334		-	compensation under this chapter, and who is entitled to
335		-	and is receiving instruction under 29 USC 701 to 797b
336		-	796l, as administered by the state in which the employee
337		-	resides or in which the employee resided at the time of
338		-	becoming physically disabled, shall, in addition to other
339		-	indemnity, be paid the actual and necessary costs of
340		-	tuition, fees, books, and travel required for the employ-
341		-	ee’s rehabilitation training program and, if the employee
342		-	receives that instruction elsewhere than at the place of
343		-	residence, the actual and necessary costs of maintenance,
344		-	during rehabilitation, subject to the conditions and limi-
345		-	tations specified in sub. (1r). The costs of travel under
346		-	this subsection shall be paid at the same rate as is pro-
347		-	vided for state officers and employees under s. 20.916
348		-	(8).
349		-	SECTION 20. 102.61 (1g) (b) of the statutes is
350		-	amended to read:
351		-	102.61 (1g) (b) If an employer offers an employee
352		-	suitable employment as provided in par. (c), the employer
353		-	or the employer’s insurance carrier is not liable for tem-
354		-	porary disability benefits under s. 102.43 (5) (b) or for the
355		-	cost of tuition, fees, books, travel, and maintenance under
356		-	sub. (1). Ineligibility for compensation under this para-
357		-	graph does not preclude an employee from receiving
358		-	vocational rehabilitation services under 29 USC 701 to
359		-	797b 796l if the department determines that the employee
360		-	is eligible to receive those services.
361		-	SECTION 21. 102.61 (1g) (c) of the statutes is
362		-	amended to read:
363		-	102.61 (1g) (c) On receiving notice that he or she is
364		-	eligible to receive vocational rehabilitation services
365		-	under 29 USC 701 to 797a 796l, an employee shall pro-
366		-	vide the employer with a written report from a physician,
367		-	chiropractor, psychologist, or podiatrist stating the
368		-	employee’s permanent work restrictions. Within 60 days
369		-	after receiving that report, the employer shall provide to
370		-	the employee in writing an offer of suitable employment,
371		-	a statement that the employer has no suitable employ-
372		-	ment for the employee, or a report from a physician, chi-
373		-	ropractor, psychologist, or podiatrist showing that the
374		-	permanent work restrictions provided by the employee’s
375		-	practitioner are in dispute and documentation showing
376		-	that the difference in work restrictions would materially
377		-	affect either the employer’s ability to provide suitable
378		-	employment or a vocational rehabilitation counselor’s
379		-	ability to recommend a rehabilitative training program.
380		-	If the employer and employee cannot resolve the dispute
381		-	within 30 days after the employee receives the employ-
382		-	er’s report and documentation, the employer or employee
383		-	may request a hearing before the division to determine
384		-	the employee’s work restrictions. Within 30 days after
385		-	the division determines the employee’s work restrictions,
386		-	the employer shall provide to the employee in writing an
387		-	offer of suitable employment or a statement that the
	460	+	102.32 (6m) (a) The department or the division may direct an advance on a
	461	+	payment of unaccrued compensation for permanent disability or death benefits if the
	462	+	department or the division determines that the advance payment is in the best
	463	+	interest of the injured employee or the employee's dependents. In directing the
	464	+	advance, the department or the division shall give the employer or the employer's
	465	+	insurer an interest credit against its liability. The credit shall be computed at 5
	466	+	percent. An injured employee or dependent may receive no more than 3 advance
	467	+	payments per calendar year under this paragraph.
	468	+	SECTION 15. 102.32 (6m) (b) of the statutes is created to read:
	469	+	102.32 (6m) (b) Notwithstanding par. (a), an employer or an employer's insurer
	470	+	may voluntarily make a lump sum payment of unaccrued compensation for
	471	+	permanent partial disability in undisputed claims to an injured employee or the
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	496	+	25 - 11 -2023 - 2024 Legislature
	497	+	LRB-5293/1
	498	+	MED&MIM:skw
	499	+	SECTION 15
	500	+	ASSEMBLY BILL 1073
	501	+	employee's dependents with no interest credit against the liability of the employer
	502	+	or the employer's insurer.
	503	+	SECTION 16. 102.42 (2) (a) of the statutes is amended to read:
	504	+	102.42 (2) (a) When the employer has notice of an injury and its relationship
	505	+	to the employment, the employer shall offer to the injured employee his or her choice
	506	+	of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
	507	+	practice registered nurse prescriber, or podiatrist licensed to practice and practicing
	508	+	in this state for treatment of the injury. By mutual agreement, the employee may
	509	+	have the choice of any qualified practitioner not licensed in this state. In case of
	510	+	emergency, the employer may arrange for treatment without tendering a choice.
	511	+	After the emergency has passed the employee shall be given his or her choice of
	512	+	attending practitioner at the earliest opportunity. The employee has the right to a
	513	+	2nd choice of attending practitioner on notice to the employer or its insurance carrier.
	514	+	Any further choice shall be by mutual agreement. Partners and clinics are
	515	+	considered to be one practitioner. Treatment by a practitioner on referral from
	516	+	another practitioner is considered to be treatment by one practitioner.
	517	+	SECTION 17. 102.51 (1) (a) 1. of the statutes is amended to read:
	518	+	102.51 (1) (a) 1. A wife married person upon a husband his or her spouse with
	519	+	whom he or she is living at the time of his the spouse's death.
	520	+	SECTION 18. 102.51 (1) (a) 2. of the statutes is repealed.
	521	+	SECTION 19. 102.61 (1) of the statutes is amended to read:
	522	+	102.61 (1) Subject to subs. (1g) and (1m), an employee who is entitled to receive
	523	+	and has received compensation under this chapter, and who is entitled to and is
	524	+	receiving instruction under 29 USC 701 to 797b 796l, as administered by the state
	525	+	in which the employee resides or in which the employee resided at the time of
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	551	+	MED&MIM:skw
	552	+	SECTION 19 ASSEMBLY BILL 1073
	553	+	becoming physically disabled, shall, in addition to other indemnity, be paid the
	554	+	actual and necessary costs of tuition, fees, books, and travel required for the
	555	+	employee's rehabilitation training program and, if the employee receives that
	556	+	instruction elsewhere than at the place of residence, the actual and necessary costs
	557	+	of maintenance, during rehabilitation, subject to the conditions and limitations
	558	+	specified in sub. (1r). The costs of travel under this subsection shall be paid at the
	559	+	same rate as is provided for state officers and employees under s. 20.916 (8).
	560	+	SECTION 20. 102.61 (1g) (b) of the statutes is amended to read:
	561	+	102.61 (1g) (b) If an employer offers an employee suitable employment as
	562	+	provided in par. (c), the employer or the employer's insurance carrier is not liable for
	563	+	temporary disability benefits under s. 102.43 (5) (b) or for the cost of tuition, fees,
	564	+	books, travel, and maintenance under sub. (1). Ineligibility for compensation under
	565	+	this paragraph does not preclude an employee from receiving vocational
	566	+	rehabilitation services under 29 USC 701 to 797b 796l if the department determines
	567	+	that the employee is eligible to receive those services.
	568	+	SECTION 21. 102.61 (1g) (c) of the statutes is amended to read:
	569	+	102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational
	570	+	rehabilitation services under 29 USC 701 to 797a 796l, an employee shall provide the
	571	+	employer with a written report from a physician, chiropractor, psychologist, or
	572	+	podiatrist stating the employee's permanent work restrictions. Within 60 days after
	573	+	receiving that report, the employer shall provide to the employee in writing an offer
	574	+	of suitable employment, a statement that the employer has no suitable employment
	575	+	for the employee, or a report from a physician, chiropractor, psychologist, or
	576	+	podiatrist showing that the permanent work restrictions provided by the employee's
	577	+	practitioner are in dispute and documentation showing that the difference in work
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	604	+	MED&MIM:skw
	605	+	SECTION 21
	606	+	ASSEMBLY BILL 1073
	607	+	restrictions would materially affect either the employer's ability to provide suitable
	608	+	employment or a vocational rehabilitation counselor's ability to recommend a
	609	+	rehabilitative training program. If the employer and employee cannot resolve the
	610	+	dispute within 30 days after the employee receives the employer's report and
	611	+	documentation, the employer or employee may request a hearing before the division
	612	+	to determine the employee's work restrictions. Within 30 days after the division
	613	+	determines the employee's work restrictions, the employer shall provide to the
	614	+	employee in writing an offer of suitable employment or a statement that the
388	615		employer has no suitable employment for the employee.
389		-	SECTION 22. 102.61 (1m) (a) of the statutes is
390		-	amended to read:
391		-	102.61 (1m) (a) If the department has determined
392		-	under sub. (1) that an employee is eligible for vocational − 5 − 2023 Wisconsin Act 2023 Assembly Bill 1073
393		-	rehabilitation services under 29 USC 701 to 797b 796l,
394		-	but that the department cannot provide those services for
395		-	the employee, the employee may select a private rehabili-
396		-	tation counselor certified by the department to determine
397		-	whether the employee can return to suitable employment
398		-	without rehabilitative training and, if that counselor
399		-	determines that rehabilitative training is necessary, to
400		-	develop a rehabilitative training program to restore as
401		-	nearly as possible the employee to his or her preinjury
402		-	earning capacity and potential.
403		-	SECTION 23. 102.81 (1) (c) 1. of the statutes is
404		-	amended to read:
405		-	102.81 (1) (c) 1. The department shall pay a claim
406		-	under par. (a) in excess of $1,000,000 $2,000,000 from
407		-	the uninsured employers fund in the first instance. If the
408		-	claim is not covered by excess or stop−loss reinsurance
409		-	under sub. (2), the secretary of administration shall trans-
410		-	fer from the appropriation account under s. 20.445 (1)
411		-	(ra) to the uninsured employers fund as provided in
412		-	subds. 2. and 3. an amount equal to the amount by which
413		-	payments from the uninsured employers fund on the
414		-	claim are in excess of $1,000,000 $2,000,000.
415		-	SECTION 24. 102.81 (1) (c) 2. of the statutes is
416		-	amended to read:
417		-	102.81 (1) (c) 2. Each calendar year the department
418		-	shall file with the secretary of administration a certificate
419		-	setting forth the number of claims in excess of
420		-	$1,000,000 $2,000,000 in the preceding year paid from
421		-	the uninsured employers fund, the payments made from
422		-	the uninsured employers fund on each such claim in the
423		-	preceding year, and the total payments made from the
424		-	uninsured employers fund on all such claims and, based
425		-	on that information, the secretary of administration shall
426		-	determine the amount to be transferred under subd. 1. in
427		-	that calendar year.
	616	+	SECTION 22. 102.61 (1m) (a) of the statutes is amended to read:
	617	+	102.61 (1m) (a) If the department has determined under sub. (1) that an
	618	+	employee is eligible for vocational rehabilitation services under 29 USC 701 to 797b
	619	+	796l, but that the department cannot provide those services for the employee, the
	620	+	employee may select a private rehabilitation counselor certified by the department
	621	+	to determine whether the employee can return to suitable employment without
	622	+	rehabilitative training and, if that counselor determines that rehabilitative training
	623	+	is necessary, to develop a rehabilitative training program to restore as nearly as
	624	+	possible the employee to his or her preinjury earning capacity and potential.
	625	+	SECTION 23. 102.81 (1) (c) 1. of the statutes is amended to read:
	626	+	102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of
	627	+	$1,000,000 $2,000,000 from the uninsured employers fund in the first instance. If
	628	+	the claim is not covered by excess or stop-loss reinsurance under sub. (2), the
	629	+	secretary of administration shall transfer from the appropriation account under s.
	630	+	20.445 (1) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an
	631	+	1
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	655	+	MED&MIM:skw
	656	+	SECTION 23 ASSEMBLY BILL 1073
	657	+	amount equal to the amount by which payments from the uninsured employers fund
	658	+	on the claim are in excess of $1,000,000 $2,000,000.
	659	+	SECTION 24. 102.81 (1) (c) 2. of the statutes is amended to read:
	660	+	102.81 (1) (c) 2. Each calendar year the department shall file with the secretary
	661	+	of administration a certificate setting forth the number of claims in excess of
	662	+	$1,000,000 $2,000,000 in the preceding year paid from the uninsured employers
	663	+	fund, the payments made from the uninsured employers fund on each such claim in
	664	+	the preceding year, and the total payments made from the uninsured employers fund
	665	+	on all such claims and, based on that information, the secretary of administration
	666	+	shall determine the amount to be transferred under subd. 1. in that calendar year.
	667	+	(END)
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