AB499,16,519 102.56 (1) If Subject to sub. (2), if an employee is so permanently disfigured as
20to occasion potential wage loss due to the disfigurement, the department may allow
21such sum as it deems the department considers just as compensation therefor for the
22disfigurement
, not exceeding the employee's average annual earnings as defined in
23s. 102.11
. In determining the potential for wage loss due to the disfigurement and
24the sum awarded, the department shall take into account the age, education,
25training, and previous experience and earnings of the employee, the employee's

1present occupation and earnings, and likelihood of future suitable occupational
2change. Consideration for disfigurement allowance is confined to those areas of the
3body that are exposed in the normal course of employment. The department shall
4also take into account the appearance of the disfigurement, its location, and the
5likelihood of its exposure in occupations for which the employee is suited.
AB499, s. 18 6Section 18. 102.56 (2) of the statutes is amended to read:
AB499,16,137 102.56 (2) Notwithstanding sub. (1), if If an employee who claims
8compensation under this section sub. (1) returns to work for the employer who
9employed the employee at the time of the injury, or is offered employment with that
10employer,
at the same or a higher wage, the employee may not be compensated unless
11the employee shows that he or she probably has lost or will lose wages
department
12may not allow that compensation unless the employee suffers an actual wage loss

13due to the disfigurement.
AB499, s. 19 14Section 19. 102.59 (1) of the statutes is amended to read:
AB499,17,915 102.59 (1) If an employee has Subject to any certificate filed under s. 102.65
16(4), if
at the time of injury an employee has permanent disability which that if it had
17resulted from such that injury would have entitled him or her the employee to
18indemnity for 200 weeks and, if as a result of such that injury, the employee incurs
19further permanent disability which that entitles him or her the employee to
20indemnity for 200 weeks, the employee shall be paid from the funds provided in this
21section additional compensation equivalent to the amount which that would be
22payable for said that previous disability if it that previous disability had resulted
23from such that injury or the amount which that is payable for said that further
24disability, whichever is the lesser less, except that an employee may not be paid that
25additional compensation if the employee has already received compensation under

1this subsection
. If said the previous and further disabilities result in permanent
2total disability, the additional compensation shall be in such amount as will complete
3the payments which that would have been due had said the permanent total
4disability resulted from such that injury. This additional compensation accrues
5from, and may not be paid to any person before, the end of the period for which
6compensation for permanent disability resulting from such the injury is payable by
7the employer, and shall be subject to s. 102.32 (6), (6m), and (7). No compromise
8agreement of liability for this additional compensation may provide for any lump
9sum payment.
AB499, s. 20 10Section 20. 102.61 (1) of the statutes is amended to read:
AB499,17,2311 102.61 (1) Subject to subs. (1g) and (1m), an employee who is entitled to receive
12and has received compensation under this chapter, and who is entitled to and is
13receiving instructions instruction under 29 USC 701 to 797b, as administered by the
14state in which the employee resides or in which the employee resided at the time of
15becoming physically disabled, shall, in addition to other indemnity, be paid the
16actual and necessary expenses of costs of tuition, fees, books, and travel at the same
17rate as is provided for state officers and employees under s. 20.916 (8)
required for
18the employee's rehabilitation training program
and, if the employee receives
19instructions that instruction elsewhere than at the place of residence, the actual and
20necessary costs of maintenance, during rehabilitation, subject to the conditions and
21limitations specified in sub. (1r). The costs of travel under this subsection shall be
22paid at the same rate as is provided for state officers and employees under s. 20.916
23(8).
AB499, s. 21 24Section 21. 102.61 (1g) (b) of the statutes is amended to read:
AB499,18,7
1102.61 (1g) (b) If an employer offers an employee suitable employment as
2provided in par. (c), the employer or the employer's insurance carrier is not liable for
3temporary disability benefits under s. 102.43 (5) (b) or for the cost of tuition, fees,
4books,
travel, and maintenance expenses under sub. (1). Ineligibility for
5compensation under this paragraph does not preclude an employee from receiving
6vocational rehabilitation services under 29 USC 701 to 797b if the department
7determines that the employee is eligible to receive those services.
AB499, s. 22 8Section 22. 102.61 (1m) (c) of the statutes is amended to read:
AB499,18,199 102.61 (1m) (c) The employer or insurance carrier shall pay the reasonable cost
10of any services provided for an employee by a private rehabilitation counselor under
11par. (a) and, subject to the conditions and limitations specified in sub. (1r) (a) to (c)
12and by rule, if the private rehabilitation counselor determines that rehabilitative
13training is necessary, the reasonable cost of the rehabilitative training program
14recommended by that counselor, including the cost of tuition, fees, books,
15maintenance, and travel at the same rate as is provided for state officers and
16employees under s. 20.916 (8). Notwithstanding that the department may authorize
17under s. 102.43 (5) (b) a rehabilitative training program that lasts longer than 80
18weeks, a rehabilitative training program that lasts 80 weeks or less is presumed to
19be reasonable.
AB499, s. 23 20Section 23. 102.61 (1m) (d) of the statutes is amended to read:
AB499,19,321 102.61 (1m) (d) If an employee receives services from a private rehabilitation
22counselor under par. (a) and later receives similar services from the department
23under sub. (1) without the prior approval of the employer or insurance carrier, the
24employer or insurance carrier is not liable for temporary disability benefits under s.
25102.43 (5) (b) or for tuition, fee, book, travel, and maintenance expenses costs under

1sub. (1) that exceed what the employer or insurance carrier would have been liable
2for under the rehabilitative training program developed by the private rehabilitation
3counselor.
AB499, s. 24 4Section 24. 102.61 (1r) (c) of the statutes is amended to read:
AB499,19,95 102.61 (1r) (c) The employee may not have expenses of travel and the costs of
6tuition, fees, books, travel, and maintenance paid under sub. (1) or the costs of
7private rehabilitation counseling and rehabilitative training paid under sub. (1m) on
8account of training for a period in excess of 80 weeks in all, except as provided in s.
9102.43 (5) (b).
AB499, s. 25 10Section 25. 102.64 (2) of the statutes is amended to read:
AB499,19,2211 102.64 (2) Upon request of the department of administration, the attorney
12general shall appear on behalf of the state in proceedings upon claims for
13compensation against the state. The Except as provided in s. 102.65 (3), the
14department of justice shall represent the interests of the state in proceedings under
15s. 102.44 (1), 102.49, 102.59, 102.60, or 102.66. The department of justice may
16compromise claims in those proceedings, but the compromises are subject to review
17by the department of workforce development. Costs incurred by the department of
18justice in prosecuting or defending any claim for payment into or out of the work
19injury supplemental benefit fund under s. 102.65, including expert witness and
20witness fees but not including attorney fees or attorney travel expenses for services
21performed under this subsection, shall be paid from the work injury supplemental
22benefit fund.
AB499, s. 26 23Section 26. 102.65 (3) of the statutes is created to read:
AB499,20,624 102.65 (3) The department of workforce development may retain the
25department of administration to process, investigate, and pay claims under ss.

1102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce
2development, the department of administration may compromise a claim processed
3by that department, but a compromise made by that department is subject to review
4by the department of workforce development. The department of workforce
5development shall pay for the services retained under this subsection from the
6appropriation account under s. 20.445 (1) (t).
AB499, s. 27 7Section 27. 102.65 (4) of the statutes is created to read:
AB499,20,198 102.65 (4) The secretary shall monitor the cash balance in, and incurred losses
9to, the work injury supplemental benefit fund using generally accepted actuarial
10principles. If the secretary determines that the expected ultimate losses to the work
11injury supplemental benefit fund on known claims exceed 85 percent of the cash
12balance in that fund, the secretary shall consult with the council on worker's
13compensation. If the secretary, after consulting with the council on worker's
14compensation, determines that there is a reasonable likelihood that the cash balance
15in the work injury supplemental benefit fund may become inadequate to fund all
16claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file
17with the secretary of administration a certificate attesting that the cash balance in
18that fund is likely to become inadequate to fund all claims under ss. 102.44 (1) (c),
19102.49, 102.59, and 102.66 and specifying one of the following:
AB499,20,2120 (a) That payment of those claims will be made as provided in a schedule that
21the department shall promulgate by rule.
AB499,20,2222 (b) A date after which payment of those claims will be reduced.
AB499,20,2323 (c) A date after which no new claims under those provisions will be paid.
AB499, s. 28 24Section 28. 102.66 (1) of the statutes is amended to read:
AB499,21,14
1102.66 (1) In the event that Subject to any certificate filed under s. 102.65 (4),
2if
there is an otherwise meritorious claim for occupational disease, or for a traumatic
3injury described in s. 102.17 (4) in which the date of injury or death or last payment
4of compensation, other than for treatment or burial expenses, is before April 1, 2006,

5and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the
6department may, in lieu of worker's compensation benefits, direct payment from the
7work injury supplemental benefit fund under s. 102.65 of such compensation and
8such medical expenses as would otherwise be due, based on the date of injury, to or
9on behalf of the injured employee. The benefits shall be supplemental, to the extent
10of compensation liability, to any disability or medical benefits payable from any
11group insurance policy whose premium is paid in whole or in part by any employer,
12or under any federal insurance or benefit program providing disability or medical
13benefits. Death benefits payable under any such group policy do not limit the
14benefits payable under this section.
AB499, s. 29 15Section 29. 102.66 (2) of the statutes is amended to read:
AB499,21,2216 102.66 (2) In the case of occupational disease, or of a traumatic injury described
17in s. 102.17 (4) in which the date of injury or death or last payment of compensation,
18other than for treatment for burial expenses, is before April 1, 2006,
appropriate
19benefits may be awarded from the work injury supplemental benefit fund when the
20status or existence of the employer or its insurance carrier cannot be determined or
21when there is otherwise no adequate remedy, subject to the limitations contained in
22sub. (1).
AB499, s. 30 23Section 30 . Nonstatutory provisions.
AB499,22,324 (1) Reimbursement of supplemental benefits paid before 2011.
25Notwithstanding section 102.44 (1) (c) of the statutes, as affected by this act, to

1receive reimbursement under that provision for supplemental benefits paid before
22011, an employer or insurance carrier must file a claim for that reimbursement with
3the department of workforce development by no later than December 31, 2012.
AB499,22,174 (2) Audit of health service fee dispute databases. The department of
5workforce development shall conduct an audit of the health service fee databases
6certified by that department under section 102.16 (2) (h) of the statutes. The
7secretary of workforce development shall create a committee under section 15.04 (1)
8(c) of the statutes to determine the scope of that audit. The committee shall consist
9of one representative of employers, one representative of employees, one
10representative of the department of workforce development, and one representative
11who is a liaison from the health care community to the council on worker's
12compensation. Upon determining the scope of the audit, the committee shall report
13its findings, conclusions, and recommendations to the department of workforce
14development and the council on worker's compensation, after which the committee
15shall terminate its activities and cease to exist. If the audit is not commenced by the
16first day of the 7th month beginning after the effective date of this subsection, all of
17the following apply:
AB499,22,2218 (a) Permanent partial disability compensation amount. Notwithstanding
19section 102.11 (1) (intro.) of the statues, as affected by this act, the average weekly
20earnings for permanent partial disability for injuries occurring on or after January
211, 2013, shall be not more than $475, resulting in a maximum compensation rate of
22$317.
AB499,23,1123 (b) Reasonableness of disputed health service fees. Notwithstanding section
24102.16 (2) (d) of the statutes, as affected by this act, beginning on January 1, 2013,
25the department of workforce development shall determine that a disputed health

1service fee is reasonable and order that the disputed fee be paid if that fee is at or
2below the mean fee for the health service procedure for which the disputed fee was
3charged, plus 1.3 standard deviations from that mean, as shown by data from a
4database that is certified by that department under section 102.16 (2) (h) of the
5statutes, and shall determine that a disputed health service fee is unreasonable and
6order that a reasonable fee be paid if the disputed fee is above the mean fee for the
7health service procedure for which the disputed fee was charged, plus 1.3 standard
8deviations from that mean, as shown by data from such a database, unless the health
9service provider proves to the satisfaction of that department that a higher fee is
10justified because the service provided in the disputed case was more difficult or more
11complicated to provide than in the usual case.
AB499,23,2412 (3) Study of funding of permanent total disability increases. The secretary
13of workforce development shall create a committee under section 15.04 (1) (c) of the
14statutes to study methods of funding the cost of providing regular, periodic increases
15in the weekly indemnity for permanent total disability, if legislation providing for
16those increases were to be enacted. The study shall include methods of funding the
17cost of providing those increases for injured employees receiving that indemnity on
18the day before the effective date of that legislation. The committee shall include
19representatives of employers, employees, worker's compensation insurers
20authorized to do business in this state, and the department of workforce
21development. Upon completion of the study, the committee shall report its findings,
22conclusions, and recommendations to the department of workforce development and
23the council on worker's compensation, after which the committee shall terminate its
24activities and cease to exist.
AB499, s. 31 25Section 31 . Initial applicability.
AB499,24,3
1(1) Third-party actions by work injury supplemental benefit fund. The
2treatment of section 102.29 (1) of the statutes first applies to an injury or death
3occurring on the effective date of this subsection.
AB499,24,64 (2) Work injury supplemental benefit fund surcharges. The treatment of
5section 102.35 (1) of the statutes first applies to surcharges imposed on the effective
6date of this subsection.
AB499,24,97 (3) Reimbursement of supplemental benefits. Except as provided in Section
830 (1 ) of this act, the treatment of 102.44 (1) (c) of the statutes first applies to
9supplemental benefits paid by an employer or insurance carrier in 2011.
AB499,24,1010 (4) Vocational rehabilitation.
AB499,24,1311 (a) Temporary disability compensation during vocational rehabilitation. The
12treatment of sections 102.03 (4) and 102.43 (5) (c) of the statutes first applies to a
13week of disability beginning after the effective date of this paragraph.
AB499,24,1714 (b) Vocational rehabilitation costs. The treatment of section 102.61 (1), (1g) (b),
15(1m) (c) and (d), and (1r) (c) of the statutes and the amendment of section 102.43 (5)
16(with respect to the cost of tuition, fees, and books) of the statutes first apply to
17tuition, fee, and book costs incurred on the effective date of this paragraph.
AB499,24,2018 (5) Fee disputes. The treatment of section 102.16 (2) (d) of the statutes first
19applies to a fee dispute submitted to the department of workforce development on the
20effective date of this subsection.
AB499,24,2121 (End)
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