AB1073,9 13Section 9 . 102.18 (1) (b) 1d. of the statutes is created to read:
AB1073,9,1914 102.18 (1) (b) 1d. If an application has been filed under s. 102.17 (1) (a) 1. for
15a claim for compensation, after the division issues an order on the merits of the case
16of the claim under subd. 1., or an order under sub. (2) (c), if there is no pending action
17for review by a court, the division shall return to the department the file for the case
18of the claim within 30 days after issuing the order. The department shall conduct
19further administrative activities, including closing the case of the claim.
AB1073,10 20Section 10 . 102.18 (1) (b) 1h. of the statutes is created to read:
AB1073,9,2221 102.18 (1) (b) 1h. The department has exclusive authority to close a case of a
22claim for compensation.
AB1073,11 23Section 11 . 102.18 (1) (b) 1p. of the statutes is created to read:
AB1073,9,2524 102.18 (1) (b) 1p. If the department determines it is necessary, the department
25shall notify the parties when it closes a case of a claim for compensation.
AB1073,12
1Section 12. 102.18 (1) (b) 1t. of the statutes is created to read:
AB1073,10,52 102.18 (1) (b) 1t. The department shall forward to the division a case of a claim
3for compensation if a hearing is required when a party in interest files a subsequent
4application under s. 102.17 (1) (a) 1., after an order has been issued under subd. 1.
5or sub. (2) (c).
AB1073,13 6Section 13 . 102.29 (3) of the statutes is amended to read:
AB1073,10,117 102.29 (3) Nothing in this chapter shall prevent an employee from taking the
8compensation that the employee may be entitled to under this chapter and also
9maintaining a civil action against any physician, chiropractor, psychologist, dentist,
10physician assistant, advanced practice registered nurse prescriber, or podiatrist for
11malpractice.
AB1073,14 12Section 14. 102.32 (6m) of the statutes is renumbered 102.32 (6m) (a) and
13amended to read:
AB1073,10,2114 102.32 (6m) (a) The department or the division may direct an advance on a
15payment of unaccrued compensation for permanent disability or death benefits if the
16department or the division determines that the advance payment is in the best
17interest of the injured employee or the employee's dependents. In directing the
18advance, the department or the division shall give the employer or the employer's
19insurer an interest credit against its liability. The credit shall be computed at 5
20percent. An injured employee or dependent may receive no more than 3 advance
21payments per calendar year under this paragraph.
AB1073,15 22Section 15. 102.32 (6m) (b) of the statutes is created to read:
AB1073,11,223 102.32 (6m) (b) Notwithstanding par. (a), an employer or an employer's insurer
24may voluntarily make a lump sum payment of unaccrued compensation for
25permanent partial disability in undisputed claims to an injured employee or the

1employee's dependents with no interest credit against the liability of the employer
2or the employer's insurer.
AB1073,16 3Section 16 . 102.42 (2) (a) of the statutes is amended to read:
AB1073,11,164 102.42 (2) (a) When the employer has notice of an injury and its relationship
5to the employment, the employer shall offer to the injured employee his or her choice
6of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
7practice registered nurse prescriber, or podiatrist licensed to practice and practicing
8in this state for treatment of the injury. By mutual agreement, the employee may
9have the choice of any qualified practitioner not licensed in this state. In case of
10emergency, the employer may arrange for treatment without tendering a choice.
11After the emergency has passed the employee shall be given his or her choice of
12attending practitioner at the earliest opportunity. The employee has the right to a
132nd choice of attending practitioner on notice to the employer or its insurance carrier.
14Any further choice shall be by mutual agreement. Partners and clinics are
15considered to be one practitioner. Treatment by a practitioner on referral from
16another practitioner is considered to be treatment by one practitioner.
AB1073,17 17Section 17 . 102.51 (1) (a) 1. of the statutes is amended to read:
AB1073,11,1918 102.51 (1) (a) 1. A wife married person upon a husband his or her spouse with
19whom he or she is living at the time of his the spouse's death.
AB1073,18 20Section 18 . 102.51 (1) (a) 2. of the statutes is repealed.
AB1073,19 21Section 19. 102.61 (1) of the statutes is amended to read:
AB1073,12,722 102.61 (1) Subject to subs. (1g) and (1m), an employee who is entitled to receive
23and has received compensation under this chapter, and who is entitled to and is
24receiving instruction under 29 USC 701 to 797b 796l, as administered by the state
25in which the employee resides or in which the employee resided at the time of

1becoming physically disabled, shall, in addition to other indemnity, be paid the
2actual and necessary costs of tuition, fees, books, and travel required for the
3employee's rehabilitation training program and, if the employee receives that
4instruction elsewhere than at the place of residence, the actual and necessary costs
5of maintenance, during rehabilitation, subject to the conditions and limitations
6specified in sub. (1r). The costs of travel under this subsection shall be paid at the
7same rate as is provided for state officers and employees under s. 20.916 (8).
AB1073,20 8Section 20. 102.61 (1g) (b) of the statutes is amended to read:
AB1073,12,159 102.61 (1g) (b) If an employer offers an employee suitable employment as
10provided in par. (c), the employer or the employer's insurance carrier is not liable for
11temporary disability benefits under s. 102.43 (5) (b) or for the cost of tuition, fees,
12books, travel, and maintenance under sub. (1). Ineligibility for compensation under
13this paragraph does not preclude an employee from receiving vocational
14rehabilitation services under 29 USC 701 to 797b 796l if the department determines
15that the employee is eligible to receive those services.
AB1073,21 16Section 21. 102.61 (1g) (c) of the statutes is amended to read:
AB1073,13,917 102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational
18rehabilitation services under 29 USC 701 to 797a 796l, an employee shall provide the
19employer with a written report from a physician, chiropractor, psychologist, or
20podiatrist stating the employee's permanent work restrictions. Within 60 days after
21receiving that report, the employer shall provide to the employee in writing an offer
22of suitable employment, a statement that the employer has no suitable employment
23for the employee, or a report from a physician, chiropractor, psychologist, or
24podiatrist showing that the permanent work restrictions provided by the employee's
25practitioner are in dispute and documentation showing that the difference in work

1restrictions would materially affect either the employer's ability to provide suitable
2employment or a vocational rehabilitation counselor's ability to recommend a
3rehabilitative training program. If the employer and employee cannot resolve the
4dispute within 30 days after the employee receives the employer's report and
5documentation, the employer or employee may request a hearing before the division
6to determine the employee's work restrictions. Within 30 days after the division
7determines the employee's work restrictions, the employer shall provide to the
8employee in writing an offer of suitable employment or a statement that the
9employer has no suitable employment for the employee.
AB1073,22 10Section 22. 102.61 (1m) (a) of the statutes is amended to read:
AB1073,13,1811 102.61 (1m) (a) If the department has determined under sub. (1) that an
12employee is eligible for vocational rehabilitation services under 29 USC 701 to 797b
13796l, but that the department cannot provide those services for the employee, the
14employee may select a private rehabilitation counselor certified by the department
15to determine whether the employee can return to suitable employment without
16rehabilitative training and, if that counselor determines that rehabilitative training
17is necessary, to develop a rehabilitative training program to restore as nearly as
18possible the employee to his or her preinjury earning capacity and potential.
AB1073,23 19Section 23. 102.81 (1) (c) 1. of the statutes is amended to read:
AB1073,14,220 102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of
21$1,000,000 $2,000,000 from the uninsured employers fund in the first instance. If
22the claim is not covered by excess or stop-loss reinsurance under sub. (2), the
23secretary of administration shall transfer from the appropriation account under s.
2420.445 (1) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an

1amount equal to the amount by which payments from the uninsured employers fund
2on the claim are in excess of $1,000,000 $2,000,000.
AB1073,24 3Section 24. 102.81 (1) (c) 2. of the statutes is amended to read:
AB1073,14,104 102.81 (1) (c) 2. Each calendar year the department shall file with the secretary
5of administration a certificate setting forth the number of claims in excess of
6$1,000,000 $2,000,000 in the preceding year paid from the uninsured employers
7fund, the payments made from the uninsured employers fund on each such claim in
8the preceding year, and the total payments made from the uninsured employers fund
9on all such claims and, based on that information, the secretary of administration
10shall determine the amount to be transferred under subd. 1. in that calendar year.
AB1073,14,1111 (End)
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