AB499,13,2513 102.43 (5) (c) Compensation for temporary disability on account of receiving
14instruction under s. 102.61 (1) or (1m) shall not be reduced under sub. (2) on account
15of any wages earned for the first 24 hours worked by an employee during a week in
16which the employee is receiving that instruction. If an employee performs more than
1724 hours of work during a week in which the employee is receiving that instruction,
18all wages earned for hours worked in excess of 24 during that week shall be offset
19against the employee's average weekly wage in calculating compensation for
20temporary disability under sub. (2). An employee who is receiving compensation for
21temporary disability on account of receiving instruction under s. 102.61 (1) or (1m)
22shall report any wages earned during the period in which the employee is receiving
23that instruction to the insurance carrier or self-insured employer paying that
24compensation. This paragraph does not apply after the last day of the 24th month
25beginning after the effective date of this paragraph .... [LRB inserts date].

AB499,14,52 102.43 (7) (b) An employee need not return to work at least 10 days preceding
3a renewed period of temporary disability to obtain benefits under sub. (5) (b) for
4rehabilitative training commenced more than 2 years after the date of injury.
5Benefits for rehabilitative training shall be made as provided in par. (c).

AB499,14,107 102.44 (1) (am) If the employee is receiving the maximum weekly benefits in
8effect at the time of the injury, the supplemental benefit for a week of disability
9occurring after May 6 1, 2010, shall be an amount that, when added to the regular
10benefit established for the case, shall equal $582.

AB499,14,1612 102.44 (1) (b) If the employee is receiving a weekly benefit that is less than the
13maximum benefit that was in effect on the date of the injury, the supplemental
14benefit for a week of disability occurring after May 6 1, 2010, shall be an amount
15sufficient to bring the total weekly benefits to the same proportion of $582 as the
16employee's weekly benefit bears to the maximum in effect on the date of injury.

AB499,15,218 102.44 (1) (c) The Subject to any certificate filed under s. 102.65 (4), an
19employer or insurance carrier paying the supplemental benefits required under this
20subsection shall be entitled to reimbursement for each such case from the fund
21established by s. 102.65, commencing one year from after the date of the first such
22payment of those benefits and annually thereafter while such those payments
23continue. Claims To receive reimbursement under this paragraph, an employer or
24insurance carrier must file a claim for such that reimbursement shall with the

---

1department by no later than 12 months after the end of the year in which the
2supplemental benefits were paid and the claim must be approved by the department.

AB499,15,174 102.49 (1) When Subject to any certificate filed under s. 102.65 (4), when the
5beneficiary under s. 102.46 or 102.47 (1) is the spouse or domestic partner under ch.
6770 of the deceased employee and is wholly dependent on the deceased employee for
7support, an additional death benefit shall be paid from the funds provided by sub.
8(5) for each child by their marriage or domestic partnership under ch. 770 who is
9living at the time of the death of the employee, and who is likewise wholly dependent
10upon the on the deceased employee for support. That payment shall commence at
11the time that when primary death benefit payments are completed or, if
12advancement of compensation has been paid, at the time when payments would
13normally have been completed. Payments shall continue at the rate of 10% 10
14percent of the surviving parent's weekly indemnity until the child's 18th birthday.
15If the child is physically or mentally incapacitated, payments may be continued
16beyond the child's 18th birthday but the payments may not continue for more than
17a total of 15 years.

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.

AB499,16,137 102.56 (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.

AB499,17,915 102.59 (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.

AB499,17,2311 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).

AB499,18,7

---

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.

AB499,18,199 102.61 (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.

AB499,19,321 102.61 (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.

AB499,19,95 102.61 (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).

AB499,19,2211 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.

AB499,20,624 102.65 (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).

AB499,20,198 102.65 (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.

AB499,21,14

---

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.

AB499,21,2216 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).