Section
DWD 80.05 provides that for disputes coming under the jurisdiction of the department, either party may apply for relief and the department shall make the order or award that is lawful and just under the circumstances. In addition to worker's compensation claims under ch.
102, Stats., and duty disability under s.
40.65, Stats., the department has jurisdiction over death and disability benefits resulting from public insurrection under s.
106.25, Stats., county reforestation camps under s.
303.07 (7), Stats., and compensation to injured prisoners under s.
303.21, Stats.
The statutory section pertaining to death and disability benefits resulting from public insurrections was changed from s.
101.47, Stats., to s.
106.25, Stats., the section pertaining to county reforestation camps was changed from s.
56.07, Stats., to s.
303.07 (7), Stats., and the section for compensation to injured prisoners was changed from ss.
56.21 to
303.21, Stats.
The proposed amendment is a technical correction and does not involve policy or procedural change.
The proposed amendment deletes the references to obsolete statutory sections and updates the rule to reflect the current statutory sections for death and disability benefits resulting from public insurrections, county reforestation camps, and compensation to prisoners.
Section
DWD 80.15 was created to set time limits for insurance carriers and self-insured employers to pay orders awarding benefits and payments required under ch.
102, Stats. The rule provides for payment of orders awarding compensation to be made within 21 days after the department mails a copy of the administrative law judges finding and order to that party's last known address and for amounts ordered by stipulation or compromise settlement payments within 10 days after the department mails a copy of the order to that party's last known address. Section
102.18 (1) (e), Stats., ch.
37, Laws of 2001, effective January 1, 2002, provides for a uniform 21 day payment standard for all orders including payments ordered by stipulation or compromise. The proposed amendment will require payment of all orders to be made within 21 days.
The language of the proposed amendment rule will conform the rule to the current statutory language in s.
102.18 (1) (e), Stats.
Section
DWD 80.21 (4) prohibits testimony from expert witnesses concerning wage earning impairment (loss of earning capacity) to be received into evidence at a hearing unless the party offering the testimony notified the department and the other parties to the case of the intent to produce this testimony and the names of the witnesses involved. The rule requires that the notice must be given at least 30 days before a scheduled hearing.
Testimony or certified medical reports from expert witnesses offered by the party that raised the loss of earning capacity issue must be excluded from evidence under s.
102.17 (1) (b), Stats., if that party failed to notify the department and the other parties of interest at least 60 days before the hearing date of that party's intent to provide the testimony or reports and the names of the expert witnesses involved. Section
102.17 (7) (b), Stats., also provides for the exclusion from evidence testimony or reports from expert witnesses offered by a party in response to the loss of earning capacity issue, if the responding party failed to notify the department and other parties of the intent to provide the testimony or reports and the names of the expert witnesses at least 45 days before the hearing date. The department is given the authority in s.
102.17 (7) (c), Stats., to waive the 60 and 45 days notice requirements for good cause where no party is prejudiced by the delay.
The notice specified in the rule is significantly different from the notice requirements set forth in s.
102.17 (7) (b), Stats. The language of the proposed amendment will conform the rule to the current statutory notice requirements in s.
102.17 (7) (b), Stats.
Section
DWD 80.24 requires that a copy of a statement must be provided to the employee when the employee gives a signed statement which in any way concerns his or her worker's compensation claim. The rule also requires that when a statement is taken by a recording device, a copy of the entire statement must be given to the employee or his or her attorney within a reasonable time after an application for hearing is filed with the actual recording available as an exhibit if a formal hearing is held. Use of the statement in any manner in connection with the employee's claim is precluded if the employer or insurance carrier fails to comply with the rule.
Section
102.123, Stats.,
Chapter 37, Laws of 2001, effective January 1, 2002, codified the conditions for use of statements by employees in worker's compensation cases. Section
102.123, Stats., requires that when an employee provides an employer or insurance carrier a signed statement relating to the claim, the employer or insurance carrier must give a copy of the statement to the employee within a reasonable time. The rule does not specify a time by which the employer or insurer must give a copy of the signed statement to the employee. Section
102.123, Stats., also requires that when the statement is recorded, the employer or insurer must reduce the statement to writing after a request by the employee or his or her agent or attorney and provide a written copy of the entire statement within a reasonable time after the statement is taken. The rule specifies that the employer or insurer is required to give the employee or his or her agent or attorney a written copy of a recorded statement within a reasonable time after an application for hearing is filed. Section
102.123, Stats., does not require the filing of an application for hearing before providing a written copy of a recorded statement.
The requirements for use of statements by employees concerning claims have been codified in s.
102.123, Stats. Repeal of the rule is necessary since use of statements by employees was codified by creation of s.
102.123, Stats., and the public policy consideration of the need to avoid confusion generated by different requirements contained in the rule and s.
102.123, Stats.
Fiscal Impact
The proposed rule changes are technical corrections and have no fiscal effect.
Initial Regulatory Flexibility Analysis
The proposed rules do not affect small business as defined in s.
227.114, Stats.
Contact Information
A paper copy may be obtained at no charge by contacting:
James O'Malley
Bureau of Legal Services
Worker's Compensation Division
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7901
Madison, WI 53707-7901
(608) 267-6704
Written Comments
Written comments on the proposed rules received at the above address no later than August 7, 2002, will be given the same consideration as testimony presented at the hearing.
