2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 1073
February 8, 2024 - Introduced by COMMITTEE ON LABOR AND INTEGRATED
EMPLOYMENT. Referred to Committee on Labor and Integrated Employment.
1 AN ACT to repeal 102.51 (1) (a) 2.; to renumber and amend 102.32 (6m); to
2 amend 102.11 (1) (intro.), 102.13 (1) (a), 102.13 (1) (b) (intro.), 1., 3. and 4.,
3 102.13 (1) (d) 1., 2., 3. and 4., 102.13 (2) (a), 102.13 (2) (b), 102.17 (1) (d) 1. and
4 2., 102.17 (4) (a), 102.29 (3), 102.42 (2) (a), 102.51 (1) (a) 1., 102.61 (1), 102.61
5 (1g) (b), 102.61 (1g) (c), 102.61 (1m) (a), 102.81 (1) (c) 1. and 102.81 (1) (c) 2.; and
6 to create 102.18 (1) (b) 1d., 102.18 (1) (b) 1h., 102.18 (1) (b) 1p., 102.18 (1) (b)
7 1t. and 102.32 (6m) (b) of the statutes; relating to: various changes to the
8 worker's compensation law.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the worker's compensation law, as
administered by the Department of Workforce Development and the Division of
Hearings and Appeals (DHA) in the Department of Administration.
Maximum weekly compensation for permanent partial disability
The bill increases the maximum weekly compensation rate for permanent
partial disability from $430 to $438 for injuries occurring before January 1, 2025, and
to $446 for injuries occurring on or after that date.
Uninsured employers fund
Under current law, DWD administers an uninsured employers fund (UEF),
from which DWD pays benefits to injured employees of employers that are not
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ASSEMBLY BILL 1073
insured or self-insured against worker's compensation liability as required under
the worker's compensation law. Also under current law, the additional solvency
protection for UEF applies to claims of more than $1,000,000, and is used to pay
claims of more than $1,000,000. If such a claim is not covered by excess or stop-loss
reinsurance, worker's compensation insurance carriers are required to reimburse
UEF, up to $500,000 per year, until the amount paid out of UEF is fully paid. Under
the bill, the amount of a claim for which UEF is used to pay is increased to $2,000,000
or more.
Advance payment for permanent partial disability
Under current law, DWD or DHA may direct an advance on a payment of
unaccrued compensation for permanent disability or death benefits not more than
three payments per calendar year if DWD or DHA determines it is in the best interest
of the injured employee or dependents and credits the employer or insurer an interest
credit of 5 percent against its liability. Under the bill, an employer or an employer's
insurer may make advance payment of unaccrued compensation for permanent
partial disability in undisputed cases in the same manner, but without the interest
credit to the employer or insurer.
Case closing
The bill clarifies some of the duties of DWD and DHA with respect to closing
cases for claims of compensation. The bill requires DHA to return to DWD the case
file for any case within 30 days after DHA issues an order on the merits of the case,
if there is no pending appeal to a court. The bill also clarifies that DWD has exclusive
authority to close a case of a claim for compensation. The bill allows DWD to notify
the parties when it closes a case of a claim for compensation. The bill requires DWD
to forward to DHA the file for a closed case of a claim for compensation if a hearing
is required because a claimant has filed a subsequent application for compensation.
Finally, the bill provides the statute of limitations begins to run on the date an order
is issued by the division that approves a compromise agreement, and subsequent
claims will not be barred except as provided by the applicable statute of limitations.
Advanced practice nurse prescribers
Current law provides for the certification of advanced practice nurses by the
Board of Nursing to allow advanced practice nurses to prescribe medication, and the
worker's compensation law thus refers to “advanced practice nurse prescribers” in
lists of treatment providers in various provisions. The bill changes these references
to “advanced practice registered nurses.”
Making references in the statutes gender neutral
The bill makes references to spouses under the worker's compensation law
gender-neutral, to harmonize it with the holding of the U.S. Supreme Court in
Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognized that
same-sex couples have a fundamental constitutional right to marriage.
References to federal law
The bill updates references to the federal Rehabilitation Act of 1973 to account
for subsequent amendments to the federal act.
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ASSEMBLY BILL 1073
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 102.11 (1) (intro.) of the statutes is amended to read:
2 102.11 (1) (intro.) The average weekly earnings for temporary disability,
3 permanent total disability, or death benefits for injury in each calendar year on or
4 after January 1, 1982, shall be not less than $30 nor more than the wage rate that
5 results in a maximum compensation rate of 110 percent of the state's average weekly
6 earnings as determined under s. 108.05 as of June 30 of the previous year. The
7 average weekly earnings for permanent partial disability shall be not less than $30
8 and, for permanent partial disability for injuries occurring on or after January 1,
9 2017, and before April 10, 2022, not more than $543, resulting in a maximum
10 compensation rate of $362; for permanent partial disability for injuries occurring on
11 or after April 10, 2022, and before January 1, 2023, not more than $622.50, resulting
12 in a maximum compensation rate of $415; and for permanent partial disability for
13 injuries occurring on or after January 1, 2023, and before the effective date of this
14 subsection .... [LRB inserts date], not more than $645, resulting in a maximum
15 compensation rate of $430; for permanent partial disability for injuries occurring on
16 or after the effective date of this subsection .... [LRB inserts date], and before January
17 1, 2025, not more than $657, resulting in a maximum compensation rate of $438; and
18 for permanent partial disability for injuries occurring on or after January 1, 2025,
19 not more than $669, resulting in a maximum compensation rate of $446. Between
20 such limits the average weekly earnings shall be determined as follows:
21 SECTION 2. 102.13 (1) (a) of the statutes is amended to read:
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ASSEMBLY BILL 1073 SECTION 2
1 102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed
2 by an employee, the employee shall, upon the written request of the employee's
3 employer or worker's compensation insurer, submit to reasonable examinations by
4 physicians, chiropractors, psychologists, dentists, physician assistants, advanced
5 practice nurse prescribers registered nurses, or podiatrists provided and paid for by
6 the employer or insurer. No employee who submits to an examination under this
7 paragraph is a patient of the examining physician, chiropractor, psychologist,
8 dentist, physician assistant, advanced practice registered nurse prescriber, or
9 podiatrist for any purpose other than for the purpose of bringing an action under ch.
10 655, unless the employee specifically requests treatment from that physician,
11 chiropractor, psychologist, dentist, physician assistant, advanced practice registered
12 nurse prescriber, or podiatrist.
13 SECTION 3. 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
14 read:
15 102.13 (1) (b) (intro.) An employer or insurer who requests that an employee
16 submit to reasonable examination under par. (a) or (am) shall tender to the employee,
17 before the examination, all necessary expenses including transportation expenses.
18 The employee is entitled to have a physician, chiropractor, psychologist, dentist,
19 physician assistant, advanced practice registered nurse prescriber, or podiatrist
20 provided by himself or herself present at the examination and to receive a copy of all
21 reports of the examination that are prepared by the examining physician,
22 chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced
23 practice registered nurse prescriber, or vocational expert immediately upon receipt
24 of those reports by the employer or worker's compensation insurer. The employee is
25 entitled to have one observer provided by himself or herself present at the
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1 examination. The employee is also entitled to have a translator provided by himself
2 or herself present at the examination if the employee has difficulty speaking or
3 understanding the English language. The employer's or insurer's written request
4 for examination shall notify the employee of all of the following:
5 1. The proposed date, time, and place of the examination and the identity and
6 area of specialization of the examining physician, chiropractor, psychologist, dentist,
7 podiatrist, physician assistant, advanced practice registered nurse prescriber, or
8 vocational expert.
9 3. The employee's right to have his or her physician, chiropractor, psychologist,
10 dentist, physician assistant, advanced practice registered nurse prescriber, or
11 podiatrist present at the examination.
12 4. The employee's right to receive a copy of all reports of the examination that
13 are prepared by the examining physician, chiropractor, psychologist, dentist,
14 podiatrist, physician assistant, advanced practice registered nurse prescriber, or
15 vocational expert immediately upon receipt of these reports by the employer or
16 worker's compensation insurer.
17 SECTION 4. 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
18 102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist,
19 physician assistant, advanced practice registered nurse prescriber, or vocational
20 expert who is present at any examination under par. (a) or (am) may be required to
21 testify as to the results of the examination.
22 2. Any physician, chiropractor, psychologist, dentist, physician assistant,
23 advanced practice registered nurse prescriber, or podiatrist who attended a worker's
24 compensation claimant for any condition or complaint reasonably related to the
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ASSEMBLY BILL 1073 SECTION 4
1 condition for which the claimant claims compensation may be required to testify
2 before the division when the division so directs.
3 3. Notwithstanding any statutory provisions except par. (e), any physician,
4 chiropractor, psychologist, dentist, physician assistant, advanced practice registered
5 nurse prescriber, or podiatrist attending a worker's compensation claimant for any
6 condition or complaint reasonably related to the condition for which the claimant
7 claims compensation may furnish to the employee, employer, worker's compensation
8 insurer, department, or division information and reports relative to a compensation
9 claim.
10 4. The testimony of any physician, chiropractor, psychologist, dentist,
11 physician assistant, advanced practice registered nurse prescriber, or podiatrist who
12 is licensed to practice where he or she resides or practices in any state and the
13 testimony of any vocational expert may be received in evidence in compensation
14 proceedings.
15 SECTION 5. 102.13 (2) (a) of the statutes is amended to read:
16 102.13 (2) (a) An employee who reports an injury alleged to be work-related
17 or files an application for hearing waives any physician-patient,
18 psychologist-patient, or chiropractor-patient privilege with respect to any condition
19 or complaint reasonably related to the condition for which the employee claims
20 compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
21 physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
22 advanced practice registered nurse prescriber, hospital, or health care provider
23 shall, within a reasonable time after written request by the employee, employer,
24 worker's compensation insurer, department, or division, or its representative,
25 provide that person with any information or written material reasonably related to
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ASSEMBLY BILL 1073 SECTION 5
1 any injury for which the employee claims compensation. If the request is by a
2 representative of a worker's compensation insurer for a billing statement, the
3 physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
4 advanced practice registered nurse prescriber, hospital, or health care provider
5 shall, within 30 days after receiving the request, provide that person with a complete
6 copy of an itemized billing statement or a billing statement in a standard billing
7 format recognized by the federal government.
8 SECTION 6. 102.13 (2) (b) of the statutes is amended to read:
9 102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
10 physician assistant, advanced practice registered nurse prescriber, hospital, or
11 health service provider shall furnish a legible, certified duplicate of the written
12 material requested under par. (a) in paper format upon payment of the actual costs
13 of preparing the certified duplicate, not to exceed the greater of 45 cents per page or
14 $7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified
15 duplicate of that material in electronic format upon payment of $26 per request. Any
16 person who refuses to provide certified duplicates of written material in the person's
17 custody that is requested under par. (a) shall be liable for reasonable and necessary
18 costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
19 enforcing the requester's right to the duplicates under par. (a).
20 SECTION 7. 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
21 102.17 (1) (d) 1. The contents of certified medical and surgical reports by
22 physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
23 advanced practice nurse prescribers registered nurses, and chiropractors licensed in
24 and practicing in this state, and of certified reports by experts concerning loss of
25 earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
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1 constitute prima facie evidence as to the matter contained in those reports, subject
2 to any rules and limitations the division prescribes. Certified reports of physicians,
3 podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
4 practice nurse prescribers registered nurses, and chiropractors, wherever licensed
5 and practicing, who have examined or treated the claimant, and of experts, if the
6 practitioner or expert consents to being subjected to cross-examination, also
7 constitute prima facie evidence as to the matter contained in those reports. Certified
8 reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
9 admissible as evidence of the diagnosis, necessity of the treatment, and cause and
10 extent of the disability. Certified reports by doctors of dentistry, physician
11 assistants, and advanced practice nurse prescribers registered nurses are
12 admissible as evidence of the diagnosis and necessity of treatment but not of the
13 cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
14 psychologist, chiropractor, physician assistant, advanced practice registered nurse
15 prescriber, or expert who knowingly makes a false statement of fact or opinion in a
16 certified report may be fined or imprisoned, or both, under s. 943.395.
17 2. The record of a hospital or sanatorium in this state that is satisfactory to the
18 division, established by certificate, affidavit, or testimony of the supervising officer
19 of the hospital or sanatorium, any other person having charge of the record, or a
20 physician, podiatrist, surgeon, dentist, psy