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Worker's Compensation Advisory Council

Draft Meeting Minutes
Madison, Wisconsin
October 12, 2005

Members present:  Ms. Bean, Mr. Beiriger, Mr. Brand, Mr. Buchen, Ms. Connor, Mr. Furley, Ms. Huntley-Cooper, Mr. Kent, Mr. Newby, Mr. Olson, Mr. Shaver, Ms. Vetter, and Mr. Welnak

Excused: 

Absent: 

Staff present: Mr. Conway, Mr. O’Malley, and Ms. Knutson

1. Call to Order/Introductions: Ms. Huntley-Cooper convened the Worker’s Compensation Advisory Council (WCAC) meeting at 10:00 a.m. in accordance with Wisconsin’s open meetings law. WCAC members, staff and members of the audience introduced themselves.

2. Minutes: Mr. Furley moved adoption of the minutes of the July 29, 2005 meeting; Mr. Buchen seconded the motion with the minutes to be amended to delete language on page 4 Item 5 number 4 to read as follows: “Amend 102.18(1)(bp) to increase the maximum penalty for bad faith to $30,000, and to provide that if a bad faith penalty is imposed, the employee may not recover a delayed payment penalty for that same period of disability, interest under sec. 628.46.” The motion was unanimously approved.

3. Discuss Draft Language of the Agreed Bill: The members of the WCAC discussed the proposed language in the agreed bill relating to the termination of temporary disability benefits when an employee violates the employer’s previously established and enforced drug policy.
   
   The members of the WCAC went into a closed caucus session. After the members returned from caucus there was further discussion concerning the effect of the above-referenced proposed language in the agreed bill and the bill negotiation process. The members went again into a closed caucus session and returned to the meeting. The members indicated that until specific language could be agreed to regarding the issue of termination of temporary disability benefits when an employee violates an employer drug policy, the agreed bill could not be forwarded to the legislature. The WCAC members agreed to further discuss this issue and inform the department when all issues were resolved and the agreed bill could be forwarded to the legislature for introduction.
   
   Mr. Russell Leonard encouraged the WCAC members to work together to resolve any remaining issues as quickly as possible.

4. Adjournment:  Discussion on all agenda items concluded and the meeting was adjourned at approximately 5:30 p.m.  The next meeting has not yet been scheduled.