Council on Worker's Compensation
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.
- 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.
- 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.
- 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.
- 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.
- Adjournment. The Council adjourned subject to the call of the Chair to convene to formally review the agreed-upon bill draft.