References to federal law
The bill updates references to the federal Rehabilitation Act of 1973 to account
for subsequent amendments to the federal act.

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:
AB1073,1 1Section 1 . 102.11 (1) (intro.) of the statutes is amended to read:
AB1073,3,202 102.11 (1) (intro.) The average weekly earnings for temporary disability,
3permanent total disability, or death benefits for injury in each calendar year on or
4after January 1, 1982, shall be not less than $30 nor more than the wage rate that
5results in a maximum compensation rate of 110 percent of the state's average weekly
6earnings as determined under s. 108.05 as of June 30 of the previous year. The
7average weekly earnings for permanent partial disability shall be not less than $30
8and, for permanent partial disability for injuries occurring on or after January 1,
92017, and before April 10, 2022, not more than $543, resulting in a maximum
10compensation rate of $362; for permanent partial disability for injuries occurring on
11or after April 10, 2022, and before January 1, 2023, not more than $622.50, resulting
12in a maximum compensation rate of $415; and for permanent partial disability for
13injuries occurring on or after
January 1, 2023, and before the effective date of this
14subsection .... [LRB inserts date],
not more than $645, resulting in a maximum
15compensation rate of $430; for permanent partial disability for injuries occurring on
16or after the effective date of this subsection .... [LRB inserts date], and before January
171, 2025, not more than $657, resulting in a maximum compensation rate of $438; and
18for permanent partial disability for injuries occurring on or after January 1, 2025,
19not more than $669, resulting in a maximum compensation rate of $446
. Between
20such limits the average weekly earnings shall be determined as follows:
AB1073,2 21Section 2 . 102.13 (1) (a) of the statutes is amended to read:
AB1073,4,12
1102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed
2by an employee, the employee shall, upon the written request of the employee's
3employer or worker's compensation insurer, submit to reasonable examinations by
4physicians, chiropractors, psychologists, dentists, physician assistants, advanced
5practice nurse prescribers registered nurses, or podiatrists provided and paid for by
6the employer or insurer. No employee who submits to an examination under this
7paragraph is a patient of the examining physician, chiropractor, psychologist,
8dentist, physician assistant, advanced practice registered nurse prescriber, or
9podiatrist for any purpose other than for the purpose of bringing an action under ch.
10655, unless the employee specifically requests treatment from that physician,
11chiropractor, psychologist, dentist, physician assistant, advanced practice registered
12nurse prescriber, or podiatrist.
AB1073,3 13Section 3 . 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
14read:
AB1073,5,415 102.13 (1) (b) (intro.) An employer or insurer who requests that an employee
16submit to reasonable examination under par. (a) or (am) shall tender to the employee,
17before the examination, all necessary expenses including transportation expenses.
18The employee is entitled to have a physician, chiropractor, psychologist, dentist,
19physician assistant, advanced practice registered nurse prescriber, or podiatrist
20provided by himself or herself present at the examination and to receive a copy of all
21reports of the examination that are prepared by the examining physician,
22chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced
23practice registered nurse prescriber, or vocational expert immediately upon receipt
24of those reports by the employer or worker's compensation insurer. The employee is
25entitled to have one observer provided by himself or herself present at the

1examination. The employee is also entitled to have a translator provided by himself
2or herself present at the examination if the employee has difficulty speaking or
3understanding the English language. The employer's or insurer's written request
4for examination shall notify the employee of all of the following:
AB1073,5,85 1. The proposed date, time, and place of the examination and the identity and
6area of specialization of the examining physician, chiropractor, psychologist, dentist,
7podiatrist, physician assistant, advanced practice registered nurse prescriber, or
8vocational expert.
AB1073,5,119 3. The employee's right to have his or her physician, chiropractor, psychologist,
10dentist, physician assistant, advanced practice registered nurse prescriber, or
11podiatrist present at the examination.
AB1073,5,1612 4. The employee's right to receive a copy of all reports of the examination that
13are prepared by the examining physician, chiropractor, psychologist, dentist,
14podiatrist, physician assistant, advanced practice registered nurse prescriber, or
15vocational expert immediately upon receipt of these reports by the employer or
16worker's compensation insurer.
AB1073,4 17Section 4 . 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
AB1073,5,2118 102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist,
19physician assistant, advanced practice registered nurse prescriber, or vocational
20expert who is present at any examination under par. (a) or (am) may be required to
21testify as to the results of the examination.
AB1073,6,222 2. Any physician, chiropractor, psychologist, dentist, physician assistant,
23advanced practice registered nurse prescriber, or podiatrist who attended a worker's
24compensation claimant for any condition or complaint reasonably related to the

1condition for which the claimant claims compensation may be required to testify
2before the division when the division so directs.
AB1073,6,93 3. Notwithstanding any statutory provisions except par. (e), any physician,
4chiropractor, psychologist, dentist, physician assistant, advanced practice registered
5nurse prescriber, or podiatrist attending a worker's compensation claimant for any
6condition or complaint reasonably related to the condition for which the claimant
7claims compensation may furnish to the employee, employer, worker's compensation
8insurer, department, or division information and reports relative to a compensation
9claim.
AB1073,6,1410 4. The testimony of any physician, chiropractor, psychologist, dentist,
11physician assistant, advanced practice registered nurse prescriber, or podiatrist who
12is licensed to practice where he or she resides or practices in any state and the
13testimony of any vocational expert may be received in evidence in compensation
14proceedings.
AB1073,5 15Section 5 . 102.13 (2) (a) of the statutes is amended to read:
AB1073,7,716 102.13 (2) (a) An employee who reports an injury alleged to be work-related
17or files an application for hearing waives any physician-patient,
18psychologist-patient, or chiropractor-patient privilege with respect to any condition
19or complaint reasonably related to the condition for which the employee claims
20compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
21physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
22advanced practice registered nurse prescriber, hospital, or health care provider
23shall, within a reasonable time after written request by the employee, employer,
24worker's compensation insurer, department, or division, or its representative,
25provide that person with any information or written material reasonably related to

1any injury for which the employee claims compensation. If the request is by a
2representative of a worker's compensation insurer for a billing statement, the
3physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
4advanced practice registered nurse prescriber, hospital, or health care provider
5shall, within 30 days after receiving the request, provide that person with a complete
6copy of an itemized billing statement or a billing statement in a standard billing
7format recognized by the federal government.
AB1073,6 8Section 6 . 102.13 (2) (b) of the statutes is amended to read:
AB1073,7,199 102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
10physician assistant, advanced practice registered nurse prescriber, hospital, or
11health service provider shall furnish a legible, certified duplicate of the written
12material requested under par. (a) in paper format upon payment of the actual costs
13of 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
15duplicate of that material in electronic format upon payment of $26 per request. Any
16person who refuses to provide certified duplicates of written material in the person's
17custody that is requested under par. (a) shall be liable for reasonable and necessary
18costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
19enforcing the requester's right to the duplicates under par. (a).
AB1073,7 20Section 7 . 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
AB1073,8,1621 102.17 (1) (d) 1. The contents of certified medical and surgical reports by
22physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
23advanced practice nurse prescribers registered nurses, and chiropractors licensed in
24and practicing in this state, and of certified reports by experts concerning loss of
25earning capacity under s. 102.44 (2) and (3), presented by a party for compensation

1constitute prima facie evidence as to the matter contained in those reports, subject
2to any rules and limitations the division prescribes. Certified reports of physicians,
3podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
4practice nurse prescribers registered nurses, and chiropractors, wherever licensed
5and practicing, who have examined or treated the claimant, and of experts, if the
6practitioner or expert consents to being subjected to cross-examination, also
7constitute prima facie evidence as to the matter contained in those reports. Certified
8reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
9admissible as evidence of the diagnosis, necessity of the treatment, and cause and
10extent of the disability. Certified reports by doctors of dentistry, physician
11assistants, and advanced practice nurse prescribers registered nurses are
12admissible as evidence of the diagnosis and necessity of treatment but not of the
13cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
14psychologist, chiropractor, physician assistant, advanced practice registered nurse
15prescriber, or expert who knowingly makes a false statement of fact or opinion in a
16certified report may be fined or imprisoned, or both, under s. 943.395.
AB1073,8,2417 2. The record of a hospital or sanatorium in this state that is satisfactory to the
18division, established by certificate, affidavit, or testimony of the supervising officer
19of the hospital or sanatorium, any other person having charge of the record, or a
20physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced
21practice registered nurse prescriber, or chiropractor to be the record of the patient
22in question, and made in the regular course of examination or treatment of the
23patient, constitutes prima facie evidence as to the matter contained in the record, to
24the extent that the record is otherwise competent and relevant.
AB1073,8 25Section 8 . 102.17 (4) (a) of the statutes is amended to read:
AB1073,9,12
1102.17 (4) (a) Except as provided in this subsection and s. 102.555 (12) (b), in
2the case of occupational disease, the right of an employee, the employee's legal
3representative, a dependent, the employee's employer or the employer's insurance
4company, or other named party to proceed under this section shall not extend beyond
512 years after the date of the injury or death or after the date that compensation,
6other than for treatment or burial expenses, was last paid, or would have been last
7payable if no advancement were made, whichever date is latest, and in the case of
8traumatic injury, that right shall not extend beyond 6 years after that date. The
9statute of limitations under this subsection begins to run on the date an order is
10issued by the division approving a compromise agreement. A further claim is not
11barred except as provided in this subsection, regardless of whether an award is
12made.
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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