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Compensation Advisory Council
Council on Worker’s Compensation
November 20, 2007
Members present: Ms. Bean, Mr. Beiriger, Mr. Brand, Mr.
Buchen, Ms. Huntley-Cooper, Mr. Kent, Mr. Olson, Mr. Redman, Mr. Shaver, Ms.
Vetter, Mr. Collingwood (for Mr. Schimke), and Rep. Honadel
Excused: Mr. Furley, Mr. Newby
Mr. Conway, Mr.
O’Malley, Ms. Knutson, Mr. Aiello and Mr. Krueger
- Call to Order/Introductions: Ms. Huntley-Cooper convened the
Worker’s Compensation Advisory Council (WCAC) meeting via teleconference at
approximately 10:00 a.m. in accordance with Wisconsin’s open meetings law.
WCAC members, staff and members of the audience introduced themselves.
- Minutes: The minutes of the November 14, 2007 meeting were
approved without correction.
- Draft Legislative Proposal Review:
Mr. O’Malley indicated that in addition to
the changes highlighted in the copy of the current bill draft, the change to
s. 102.16(1m)(b) is correctly located at page 13, lines 12 – 14.
Attorney David Weir indicated that he reviewed the bill draft for Labor and
that the language changes by the drafter incorporate the intent of the
WCAC’s agreement. Mr. Beiriger indicated that Management had a few proposed
formatting changes for page 23 Section 21 and page 24 Section 23 that would
better clarify the WCAC intent. Those changes were unanimously approved.
Mr. Beiriger indicated in reviewing the drafter’s second question, that
Management wants to include the language in the previous draft that created
s. 102.29(6m) relating to third-party liability in cases in which a leased
employee is injured. The agreed-upon language is not meant to change the
applicability to leased employees. The WCAC unanimously agreed to include s.
102.29(6m) as contained in the previous bill draft.
In reference to the changes to s. 102.17(4), Management proposed that the
word “benefits” be stricken so that the insurer would only be responsible
for medical expenses related to prosthetic devices first implanted prior to
the statute of limitations running on a claim. Management did not intend
that benefits other than medical treatment expenses would be covered for
barred traumatic claims. Labor discussed changing only the language on page
19, lines 10 and 12 to strike “benefits” and include “medical treatment”.
This change would have an impact on the Work Injury Supplemental Benefit
Fund. The WCAC tabled this issue until the next meeting.
Mr. Buchen indicated that Management intended for the change in occupational
hearing loss cases to take effect immediately, not to only effect claims
with dates of injury on or after the effective date of the legislation.
Attorney Weir compared this proposed change in benefits for occupational
hearing loss cases to the previous change in the law (1991) eliminating the
compensability of tinnitus in occupational hearing loss cases. Since the
change would directly affect benefit entitlement, it is Labor’s position
that it should be applied to prospective dates of injury only. The WCAC
tabled this issue until the next meeting.
Adjournment: Discussion on all agenda items concluded and
the meeting was adjourned at approximately 11:45 a.m.
Future meeting date – tentatively November 29, 2007 at 10:00 a.m., location
to be determined.