Date of enactment:
2023 Assembly Bill 1073 Date of publication*:
2023 WISCONSIN ACT
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)
(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)
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),
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
(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-
sation law.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 102.11 (1) (intro.) of the statutes is
amended to read:
102.11 (1) (intro.) The average weekly earnings for
temporary disability, permanent total disability, or death
benefits for injury in each calendar year on or after Janu-
ary 1, 1982, shall be not less than $30 nor more than the
wage rate that results in a maximum compensation rate
of 110 percent of the state’s average weekly earnings as
determined under s. 108.05 as of June 30 of the previous
year. The average weekly earnings for permanent partial
disability shall be not less than $30 and, for permanent
partial disability for injuries occurring on or after January
1, 2017, and before April 10, 2022, not more than $543,
resulting in a maximum compensation rate of $362; for
permanent partial disability for injuries occurring on or
after April 10, 2022, and before January 1, 2023, not
more than $622.50, resulting in a maximum compensa-
tion rate of $415; and for permanent partial disability for
injuries occurring on or after January 1, 2023, and before
the effective date of this subsection .... [LRB inserts
date], not more than $645, resulting in a maximum com-
pensation rate of $430; for permanent partial disability
for injuries occurring on or after the effective date of this
subsection .... [LRB inserts date], and before January 1,
2025, not more than $657, resulting in a maximum com-
pensation rate of $438; and for permanent partial disabil-
ity for injuries occurring on or after January 1, 2025, not
more than $669, resulting in a maximum compensation
rate of $446. Between such limits the average weekly
earnings shall be determined as follows:
SECTION 2. 102.13 (1) (a) of the statutes is amended
to read:
102.13 (1) (a) Except as provided in sub. (4), when-
ever compensation is claimed by an employee, the
employee shall, upon the written request of the employ-
ee’s employer or worker’s compensation insurer, submit
to reasonable examinations by physicians, chiropractors,
psychologists, dentists, physician assistants, advanced
practice nurse prescribers registered nurses, or podia-
trists provided and paid for by the employer or insurer.
No employee who submits to an examination under this
paragraph is a patient of the examining physician, chiro-
practor, psychologist, dentist, physician assistant,
advanced practice registered nurse prescriber, or podia-
* 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
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
trist for any purpose other than for the purpose of bring-
ing an action under ch. 655, unless the employee specifi-
cally requests treatment from that physician,
chiropractor, psychologist, dentist, physician assistant,
advanced practice registered nurse prescriber, or podia-
trist.
SECTION 3. 102.13 (1) (b) (intro.), 1., 3. and 4. of the
statutes are amended to read:
102.13 (1) (b) (intro.) An employer or insurer who
requests that an employee submit to reasonable examina-
tion under par. (a) or (am) shall tender to the employee,
before the examination, all necessary expenses including
transportation expenses. The employee is entitled to
have a physician, chiropractor, psychologist, dentist,
physician assistant, advanced practice registered nurse
prescriber, or podiatrist provided by himself or herself
present at the examination and to receive a copy of all
reports of the examination that are prepared by the exam-
ining physician, chiropractor, psychologist, podiatrist,
dentist, physician assistant, advanced practice registered
nurse prescriber, or vocational expert immediately upon
receipt of those reports by the employer or worker’s com-
pensation insurer. The employee is entitled to have one
observer provided by himself or herself present at the
examination. The employee is also entitled to have a
translator provided by himself or herself present at the
examination if the employee has difficulty speaking or
understanding the English language. The employer’s or
insurer’s written request for examination shall notify the
employee of all of the following:
1. The proposed date, time, and place of the examina-
tion and the identity and area of specialization of the
examining physician, chiropractor, psychologist, dentist,
podiatrist, physician assistant, advanced practice regis-
tered nurse prescriber, or vocational expert.
3. The employee’s right to have his or her physician,
chiropractor, psychologist, dentist, physician assistant,
advanced practice registered nurse prescriber, or podia-
trist present at the examination.
4. The employee’s right to receive a copy of all
reports of the examination that are prepared by the exam-
ining physician, chiropractor, psychologist, dentist,
podiatrist, physician assistant, advanced practice regis-
tered nurse prescriber, or vocational expert immediately
upon receipt of these reports by the employer or worker’s
compensation insurer.
SECTION 4. 102.13 (1) (d) 1., 2., 3. and 4. of the
statutes are amended to read:
102.13 (1) (d) 1. Any physician, chiropractor, psy-
chologist, dentist, podiatrist, physician assistant,
advanced practice registered nurse prescriber, or voca-
tional expert who is present at any examination under par.
(a) or (am) may be required to testify as to the results of
the examination.
2. Any physician, chiropractor, psychologist, dentist,
physician assistant, advanced practice registered nurse
prescriber, or podiatrist who attended a worker’s com-
pensation claimant for any condition or complaint rea-
sonably related to the condition for which the claimant
claims compensation may be required to testify before
the division when the division so directs.
3. Notwithstanding any statutory provisions except
par. (e), any physician, chiropractor, psychologist, den-
tist, physician assistant, advanced practice registered
nurse prescriber, or podiatrist attending a worker’s com-
pensation claimant for any condition or complaint rea-
sonably related to the condition for which the claimant
claims compensation may furnish to the employee,
employer, worker’s compensation insurer, department,
or division information and reports relative to a compen-
sation claim.
4. The testimony of any physician, chiropractor, psy-
chologist, dentist, physician assistant, advanced practice
registered nurse prescriber, or podiatrist who is licensed
to practice where he or she resides or practices in any state
and the testimony of any vocational expert may be
received in evidence in compensation proceedings.
SECTION 5. 102.13 (2) (a) of the statutes is amended
to read:
102.13 (2) (a) An employee who reports an injury
alleged to be work−related or files an application for
hearing waives any physician−patient, psychologist−
patient, or chiropractor−patient privilege with respect to
any condition or complaint reasonably related to the con-
dition for which the employee claims compensation.
Notwithstanding ss. 51.30 and 146.82 and any other law,
any physician, chiropractor, psychologist, dentist, podia-
trist, physician assistant, advanced practice registered
nurse prescriber, hospital, or health care provider shall,
within a reasonable time after written request by the
employee, employer, worker’s compensation insurer,
department, or division, or its representative, provide that
person with any information or written material reason-
ably related to any injury for which the employee claims
compensation. If the request is by a representative of a
worker’s compensation insurer for a billing statement,
the physician, chiropractor, psychologist, dentist, podia-
trist, physician assistant, advanced practice registered
nurse prescriber, hospital, or health care provider shall,
within 30 days after receiving the request, provide that
person with a complete copy of an itemized billing state-
ment or a billing statement in a standard billing format
recognized by the federal government.
SECTION 6. 102.13 (2) (b) of the statutes is amended
to read:
102.13 (2) (b) A physician, chiropractor, podiatrist,
psychologist, dentist, physician assistant, advanced prac-
tice registered nurse prescriber, hospital, or health ser-
vice provider shall furnish a legible, certified duplicate of
the written material requested under par. (a) in paper for-
mat upon payment of the actual costs of preparing the cer-
tified duplicate, not to exceed the greater of 45 cents per − 3 − 2023 Wisconsin Act 2023 Assembly Bill 1073
page or $7.50 per request, plus the actual costs of postage,
or shall furnish a legible, certified duplicate of that mate-
rial in electronic format upon payment of $26 per request.
Any person who refuses to provide certified duplicates of
written material in the person’s custody that is requested
under par. (a) shall be liable for reasonable and necessary
costs and, notwithstanding s. 814.04 (1), reasonable
attorney fees incurred in enforcing the requester’s right
to the duplicates under par. (a).
SECTION 7. 102.17 (1) (d) 1. and 2. of the statutes are
amended to read:
102.17 (1) (d) 1. The contents of certified medical
and surgical reports by physicians, podiatrists, surgeons,
dentists, psychologists, physician assistants, advanced
practice nurse prescribers registered nurses, and chiro-
practors licensed in and practicing in this state, and of
certified reports by experts concerning loss of earning
capacity under s. 102.44 (2) and (3), presented by a party
for compensation constitute prima facie evidence as to
the matter contained in those reports, subject to any rules
and limitations the division prescribes. Certified reports
of physicians, podiatrists, surgeons, dentists, psycholo-
gists, physician assistants, advanced practice nurse pre-
scribers registered nurses, and chiropractors, wherever
licensed and practicing, who have examined or treated
the claimant, and of experts, if the practitioner or expert
consents to being subjected to cross−examination, also
constitute prima facie evidence as to the matter contained
in those reports. Certified reports of physicians, podia-
trists, surgeons, psychologists, and chiropractors are
admissible as evidence of the diagnosis, necessity of the
treatment, and cause and extent of the disability. Certi-
fied reports by doctors of dentistry, physician assistants,
and advanced practice nurse prescribers registered
nurses are admissible as evidence of the diagnosis and
necessity of treatment but not of the cause and extent of
disability. Any physician, podiatrist, surgeon, dentist,
psychologist, chiropractor, physician assistant, advanced
practice registered nurse prescriber, or expert who know-
ingly makes a false statement of fact or opinion in a certi-
fied report may be fined or imprisoned, or both, under s.
943.395.
2. The record of a hospital or sanatorium in this state
that is satisfactory to the division, established by certifi-
cate, affidavit, or testimony of the supervising officer of
the hospital or sanatorium, any other person having
charge of the record, or a physician, podiatrist, surgeon,
dentist, psychologist, physician assistant, advanced prac-
tice registered nurse prescriber, or chiropractor to be the
record of the patient in question, and made in the regular
course of examination or treatment of the patient, consti-
tutes prima facie evidence as to the matter contained in
the record, to the extent that the record is otherwise com-
petent and relevant.
SECTION 8. 102.17 (4) (a) of the statutes is amended
to read:
102.17 (4) (a) Except as provided in this subsection
and s. 102.555 (12) (b), in the case of occupational dis-
ease, the right of an employee, the employee’s legal rep-
resentative, a dependent, the employee’s employer or the
employer’s insurance company, or other named party to
proceed under this section shall not extend beyond 12
years after the date of the injury or death or after the date
that compensation, other than for treatment or burial
expenses, was last paid, or would have been last payable
if no advancement were made, whichever date is latest,
and in the case of traumatic injury, that right shall not
extend beyond 6 years after that date. The statute of limi-
tations under this subsection begins to run on the date an
order is issued by the division approving a compromise
agreement. A further claim is not barred except as pro-
vided in this subsection, regardless of whether an award
is made.
SECTION 9. 102.18 (1) (b) 1d. of the statutes is created
to read:
102.18 (1) (b) 1d. If an application has been filed
under s. 102.17 (1) (a) 1. for a claim for compensation,
after the division issues an order on the merits of the case
of the claim under subd. 1., or an order under sub. (2) (c),
if there is no pending action for review by a court, the
division shall return to the department the file for the case
of the claim within 30 days after issuing the order. The
department shall conduct further administrative activi-
ties, including closing the case of the claim.
SECTION 10. 102.18 (1) (b) 1h. of the statutes is cre-
ated to read:
102.18 (1) (b) 1h. The department has exclusive
authority to close a case of a claim for compensation.
SECTION 11. 102.18 (1) (b) 1p. of the statutes is cre-
ated to read:
102.18 (1) (b) 1p. If the department determines it is
necessary, the department shall notify the parties when it
closes a case of a claim for compensation.
SECTION 12. 102.18 (1) (b) 1t. of the statutes is cre-
ated to read:
102.18 (1) (b) 1t. The department shall forward to the
division a case of a claim for compensation if a hearing
is required when a party in interest files a subsequent
application under s. 102.17 (1) (a) 1., after an order has
been issued under subd. 1. or sub. (2) (c).
SECTION 13. 102.29 (3) of the statutes is amended to
read:
102.29 (3) Nothing in this chapter shall prevent an
employee from taking the compensation that the
employee may be entitled to under this chapter and also
maintaining a civil action against any physician, chiro-
practor, psychologist, dentist, physician assistant,
advanced practice registered nurse prescriber, or podia-
trist for malpractice.
SECTION 14. 102.32 (6m) of the statutes is renum-
bered 102.32 (6m) (a) and amended to read: − 4 −2023 Wisconsin Act 2023 Assembly Bill 1073
102.32 (6m) (a) The department or the division may
direct an advance on a payment of unaccrued compensa-
tion for permanent disability or death benefits if the
department or the division determines that the advance
payment is in the best interest of the injured employee or
the employee’s dependents. In directing the advance, the
department or the division shall give the employer or the
employer’s insurer an interest credit against its liability.
The credit shall be computed at 5 percent. An injured
employee or dependent may receive no more than 3
advance payments per calendar year under this para-
graph.
SECTION 15. 102.32 (6m) (b) of the statutes is created
to read:
102.32 (6m) (b) Notwithstanding par. (a), an
employer or an employer’s insurer may voluntarily make
a lump sum payment of unaccrued compensation for per-
manent partial disability in undisputed claims to an
injured employee or the employee’s dependents with no
interest credit against the liability of the employer or the
employer’s insurer.
SECTION 16. 102.42 (2) (a) of the statutes is amended
to read:
102.42 (2) (a) When the employer has notice of an
injury and its relationship to the employment, the
employer shall offer to the injured employee his or her
choice of any physician, chiropractor, psychologist, den-
tist, physician assistant, advanced practice registered
nurse prescriber, or podiatrist licensed to practice and
practicing in this state for treatment of the injury. By
mutual agreement, the employee may have the choice of
any qualified practitioner not licensed in this state. In
case of emergency, the employer may arrange for treat-
ment without tendering a choice. After the emergency
has passed the employee shall be given his or her choice
of attending practitioner at the earliest opportunity. The
employee has the right to a 2nd choice of attending practi-
tioner on notice to the employer or its insurance carrier.
Any further choice shall be by mutual agreement. Part-
ners and clinics are considered to be one practitioner.
Treatment by a practitioner on referral from another prac-
titioner is considered to be treatment by one practitioner.
SECTION 17. 102.51 (1) (a) 1. of the statutes is
amended to read:
102.51 (1) (a) 1. A wife married person upon a hus-
band his or her spouse with whom he or she is living at
the time of his the spouse’s death.
SECTION 18. 102.51 (1) (a) 2. of the statutes is
repealed.
SECTION 19. 102.61 (1) of the statutes is amended to
read:
102.61 (1) Subject to subs. (1g) and (1m), an
employee who is entitled to receive and has received
compensation under this chapter, and who is entitled to
and is receiving instruction under 29 USC 701 to 797b
796l, as administered by the state in which the employee
resides or in which the employee resided at the time of
becoming physically disabled, shall, in addition to other
indemnity, be paid the actual and necessary costs of
tuition, fees, books, and travel required for the employ-
ee’s rehabilitation training program and, if the employee
receives that instruction elsewhere than at the place of
residence, the actual and necessary costs of maintenance,
during rehabilitation, subject to the conditions and limi-
tations specified in sub. (1r). The costs of travel under
this subsection shall be paid at the same rate as is pro-
vided for state officers and employees under s. 20.916
(8).
SECTION 20. 102.61 (1g) (b) of the statutes is
amended to read:
102.61 (1g) (b) If an employer offers an employee
suitable employment as provided in par. (c), the employer
or the employer’s insurance carrier is not liable for tem-
porary disability benefits under s. 102.43 (5) (b) or for the
cost of tuition, fees, books, travel, and maintenance under
sub. (1). Ineligibility for compensation under this para-
graph does not preclude an employee from receiving
vocational rehabilitation services under 29 USC 701 to
797b 796l if the department determines that the employee
is eligible to receive those services.
SECTION 21. 102.61 (1g) (c) of the statutes is
amended to read:
102.61 (1g) (c) On receiving notice that he or she is
eligible to receive vocational rehabilitation services
under 29 USC 701 to 797a 796l, an employee shall pro-
vide the employer with a written report from a physician,
chiropractor, psychologist, or podiatrist stating the
employee’s permanent work restrictions. Within 60 days
after receiving that report, the employer shall provide to
the employee in writing an offer of suitable employment,
a statement that the employer has no suitable employ-
ment for the employee, or a report from a physician, chi-
ropractor, psychologist, or podiatrist showing that the
permanent work restrictions provided by the employee’s
practitioner are in dispute and documentation showing
that the difference in work restrictions would materially
affect either the employer’s ability to provide suitable
employment or a vocational rehabilitation counselor’s
ability to recommend a rehabilitative training program.
If the employer and employee cannot resolve the dispute
within 30 days after the employee receives the employ-
er’s report and documentation, the employer or employee
may request a hearing before the division to determine
the employee’s work restrictions. Within 30 days after
the division determines the employee’s work restrictions,
the employer shall provide to the employee in writing an
offer of suitable employment or a statement that the
employer has no suitable employment for the employee.
SECTION 22. 102.61 (1m) (a) of the statutes is
amended to read:
102.61 (1m) (a) If the department has determined
under sub. (1) that an employee is eligible for vocational − 5 − 2023 Wisconsin Act 2023 Assembly Bill 1073
rehabilitation services under 29 USC 701 to 797b 796l,
but that the department cannot provide those services for
the employee, the employee may select a private rehabili-
tation counselor certified by the department to determine
whether the employee can return to suitable employment
without rehabilitative training and, if that counselor
determines that rehabilitative training is necessary, to
develop a rehabilitative training program to restore as
nearly as possible the employee to his or her preinjury
earning capacity and potential.
SECTION 23. 102.81 (1) (c) 1. of the statutes is
amended to read:
102.81 (1) (c) 1. The department shall pay a claim
under par. (a) in excess of $1,000,000 $2,000,000 from
the uninsured employers fund in the first instance. If the
claim is not covered by excess or stop−loss reinsurance
under sub. (2), the secretary of administration shall trans-
fer from the appropriation account under s. 20.445 (1)
(ra) to the uninsured employers fund as provided in
subds. 2. and 3. an amount equal to the amount by which
payments from the uninsured employers fund on the
claim are in excess of $1,000,000 $2,000,000.
SECTION 24. 102.81 (1) (c) 2. of the statutes is
amended to read:
102.81 (1) (c) 2. Each calendar year the department
shall file with the secretary of administration a certificate
setting forth the number of claims in excess of
$1,000,000 $2,000,000 in the preceding year paid from
the uninsured employers fund, the payments made from
the uninsured employers fund on each such claim in the
preceding year, and the total payments made from the
uninsured employers fund on all such claims and, based
on that information, the secretary of administration shall
determine the amount to be transferred under subd. 1. in
that calendar year.