Council on Worker's
Compensation
Meeting Minutes
May 24, 1999
Members present: Mr.
Bagin, Mr. Beiriger, Mr. Buchen, Mr. Glaser, Mr. Gleichert, Mr. Grassl,
Mr. Muelver, Mr. Newby, Ms. Norman-Nunnery, Mr. Olson, Ms. Vetter, Mr.
Welnak.
Staff present: Ms.
O’Connell, Ms. Piraino, Mr. Shorey, Mr. O’Malley, Mr. Smith.
Liaison present: Mr.
Russell Leonard, Wisconsin Chiropractic Association; Ms. Kathy Anderson,
State Medical Society of Wisconsin.
1. Minutes. Mr.
Smith noted an omission from in the April meeting minutes. Ms. Anne Newman
representing the Wisconsin Hospital Association was in attendance. Mr.
Muelver moved the minutes be corrected, and as corrected, moved adoption
of the minutes of the April 20, 1999 meeting. Mr. Bagin seconded the
motion. The motion passed unanimously.
2. Bureau of
Insurance. Ms. Norman-Nunnery introduced Jacquie Piraino, the new
Director of the Bureau of Insurance programs. Prior to this position, Ms.
Piraino has held a number of senior management positions in the
Department.
3. Update on
Legislative Proposals. Mr. Smith briefly reviewed items on which the
Council requested more information or which had come up since the prior
meeting.
- TPD. He said
the Department dropped its request for clarifying legislation relating
to temporary partial disability because it determined the ambiguity
was not in the statute, but in the Department’s form.
- UEF. The
Department dropped its request to revise the UEF penalties.
- Audit of database
amounts. The Wisconsin Chiropractic Association withdrew its
request for legislation and will, instead, work the Department and the
State Medical Society using existing regulatory authority.
- Open records
request. Mr. Smith said an out-of-state firm had requested an
opinion from the Attorney General regarding the release of insurance
records that the Department obtains from the Wisconsin Compensation
Rating Bureau. The Assistant Attorney General reviewing the request
was expected to make a decision shortly. Mr. Smith invited the Council
to consider possible statutory changes. Mr. Buchen and Mr. Glaser
discussed possible language.
- Medical reports.
Mr. Grassl suggested moving the threshold for filing a required final
medical report from at least 3 weeks of TTD to at least 6 weeks of TTD.
4. Council’s
legislative proposals for the “agreed-upon” bill. After caucusing,
the Council requested the Department draft a bill with the following
items:
- 102.01(2)(b). Repeal
the provision authorizing the Deputy to conduct hearings.
- 102.05(1). In the
phrase, “any calendar quarter in a calendar year,” substitute the
word “every” for “any.”
- 102.18(3). In the
phrase, “is not timely filed unless the petition shows probable good
cause,” substitute the word “petitioner” for “petition.”
- 102.87(9). Change the
word “insured” to “uninsured.”
- 15.227(4) and (11).
Designate the Department Secretary rather than LIRC as the appointing
authority for the Council on Worker’s Compensation and the
Self-Insurance Council.
- 102.07(7) and 102.475.
Provide that members of legally organized diving teams are considered
employees for worker's compensation purposes. Adopt “comfort”
legislation proposed by Rep. Meyer and others to more clearly cover
them as employees.
- 102.07(7m), 102.077,
102.16(2), and 102.29(8) Extend sunset provisions except relating to
out-of-state medical treatment on referrals.
5. Adjournment.
The Council adjourned subject to the call of the Chair to convene to
formally review the agreed-upon bill draft.
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