"Temporary help agency" means an employer who, on a temporary basis, places its employee with or leases its employees to another employer who controls the employee's work activities and compensates the first employer for the employee's services, regardless of the duration of the services.

A temporary help agency for the purpose of administration of Chapter 102 is the employer of an employee whom the temporary help agency has placed with or leased to another employer that compensates the temporary help agency for the employee's services.  A temporary help agency is liable under s. 102.03 for all compensation payable under this chapter to that employee, including any payments required under ss. 102.16 (3), 102.18 (1) (b) or (bp), 102.22 (1), 102.35 (3), 102.57 or 102.60.  Except as permitted under s. 102.29, a temporary help agency may not seek or receive reimbursement from another employer for any payments made as a result of that liability'

A professional employer organization or an employee leasing organization for the purpose of administration of Chapter 102 is the employer of an employee whom the a professional employer organization or employee leasing organization engages to perform services for its client under an employee leasing agreement, including a corporate officer if the officer’s position is included in the employee leasing agreement with the client.has placed with a client to provide the nontemporary, ongoing employee workforce of the client under a written contract.  A professional employer organization or an employee leasing organization is liable under s. 102.03 for all compensation payable under this chapter to that an employee employed pursuant to its employee leasing arrangement, including any payments required under s. 102.16 (3), 102.18 (1) (b) or (bp), 102.22 (1), 102.35 (3), 102.57 or 102.60.  Except as permitted under s. 102.29, a professional employer organization and an employee leasing organization may not seek or receive reimbursement from another employer for any payments made as a result of that liability.

(a) Each A separate worker’s compensation insurance policy as described in s. 102.28(2) shall be obtained for each client of a professional employer organization and each or employee leasing organization that enters into an employee leasing agreement with a client shall have its worker’s compensation insurance policy endorsed to cover the client’s workforce by an alternate employer endorsement declaring the effective date of coverage, disclosing the business identity, ownership identity and location(s) of that client and such other information as the department prescribes.  An insurer who provides a worker’s compensation insurance contract described in s. 102.28 (2)(a) and s. 102.31(1)(a) shall file the alternate employer endorsement as provided in s. 626.35.as defined in s. 102.01(1).  The policy shall be in the name of the client.  An insurer who provides a worker’s compensation insurance contract described in s. 102.28(2)(a) and s. 102.31(1)(a) shall file the contract as provided in s. 626.35.  Cancellation, termination or nonrenewal of a worker’s compensation insurance contract described in s. 102.28(2)(a) and s. 102.31(1)(a) shall be executed as described in s. 102.31(2)(a). (b) A sole proprietor, a partner or a member of a limited liability company are not eligible for worker’s compensation benefits under a policy issued under sub. (a) unless the policy is endorsed naming the sole proprietor, partner, or member that has elected coverage under s. 102.075. If a professional employer organization or an employee leasing organization terminates an employee leasing agreement, the professional employer organization or employee leasing organization shall notify its insurer and the client.  No alternative employer endorsement termination is effective until 30 days after the insurance company has given written notice to the Wisconsin compensation rating bureau declaring the termination date of the endorsement.  The insurer shall file notice in writing declaring the termination date of the alternate employer endorsement with the Wisconsin compensation rating bureau.  Termination of the client’s coverage under the professional employer organization’s policy or the employee leasing organization’s policy is effective 30 days after the notice is received by the Wisconsin compensation rating bureau. (c) A corporate officer is a covered employee for worker’s compensation benefits under a policy issued under sub. (a) unless an officer of a qualified corporation elects by an endorsement on the policy not to be covered under the policy at any time during the period of the policy described in s. 102.076. Notice of termination of an alternative employer endorsement under sub. (b) shall be given to the Wisconsin compensation rating bureau, as defined in s. 626.02 (2).  The notice may be given by certified mail; personal service; facsimile machine transmission; electronic mail; or any electronic, magnetic, or other medium approved by the department.   Whenever the Wisconsin compensation rating bureau receives notice of termination pursuant to this section, it shall immediately notify the department of the termination. (d) Regardless of whether the notices required under par. (b) have been given, a termination of an alternate employer endorsement is effective upon the effective date of replacement insurance coverage under s. 102.28(2) obtained by the terminated client/employer or of an order exempting the terminated client/employer from carrying insurance under s. 102.28(2).

When an insurance policy is cancelled, the insurance carrier must file a cancellation with the Wisconsin Compensation Rating Bureau (WCRB) and the cancellation is not effective until 30 days after it is received by the WCRB. This allows the Department to follow-up on the cancellation with an employer to ensure they have the required worker’s compensation insurance.

However, under current law, when a leasing company voids or cancels a contract, the law does not require the leasing company to notify the Department or to file any information regarding a contract cancellation with the WCRB. The Department is not informed and therefore has no way of tracking whether or not an employer who has “employees” returned to them by the leasing company, has the required worker’s compensation insurance policy in force. This has resulted in uninsured employer penalties and Uninsured Employers Fund claims.

The proposal requires alternative employer endorsements on policies and a separate policy for each client, in the name of each client.  nNotice of terminations of coverage is to be filed with the WCRB in the same manner as policies and terminations are currently filed.  This will allow the Department to follow-up on cancellations to ensure the client/employer has the required worker’s compensation insurance in place.

If an employer that is a client of a professional employer organization or a client of an employee leasing organization as described in s. 102.01(fg) enters into an employee leasing agreement with the organization that results in the discontinuance of all employees of the employer who are engaged in employment, the employer remains subject to this chapter.  If the employee leasing agreement is terminated, the client shall so notify the department and resume all responsibilities as the employer of its employees under this chapter as of the date of termination and shall have a worker’s compensation policy described in s. 102.28 (2)(a) in force on the date of termination.  Uninsured employers shall be assessed as described in s. 102.82(2)(a) and s. 102.85.

Unless otherwise agreed to by all parties, a party must file and serve with the department and all other interested parties, all medical reports, documents, names of witnesses in addition to any other materials, including videotapes, that the party intends to offer into evidence at a hearing, at least 15 days before the hearing, unless the department is satisfied there is good cause for the failure to file and serve.

(b) Subject to par. (d), if the employer or the employer’s insurer concedes liability for an injury that results in permanent disability and if the extent of permanent disability can be determined based on a minimum permanent disability rating promulgated by the department by rule, compensation for permanent disability shall begin within 30 days after the earlier of the end of the employee’s healing period or suspension of temporary disability due to the employee’s return to work.

(6m) The department may direct an advance on a payment of unaccrued compensation for permanent disability or death benefits if the department determines that advance payment is in the best interest of the injured employee or the employee’s dependents. In directing the advance, the department shall give the employer or the employer’s insurer an interest credit against its liability. The credit shall be computed at 7%. An employee is limited to no more than three advance payments per calendar year.

7. The department in its discretion may release confidential information to government agencies, educational institutions and non-profit research organizations for purposes of  research. where the department is satisfied that the agency, institution or organization will not re-release any confidential information as defined under sub. 2.  No government agency, educational institution or non-profit research organization may permit inspection or disclosure of any record provided to it by the department unless the department authorizes the inspection or disclosure.  The government agency, educational institution or non-profit research organization shall provide the results of any research to the department free of charge.

(3) The department may examine from time to time the books and records of any insurer insuring liability or compensation for an employer in this state. The department may require an insurer to designate one mailing address for use by the department and to respond to correspondence from the department within 30 days. Any insurer that refuses or fails to answer correspondence from the department or allow the department to examine its books and records is subject to enforcement proceedings under s. 601.64 and penalties under s. 102.35 (1)

1)  Every employer and every insurance company that fails to keep the records or to make the reports required by this chapter or that knowingly falsifies such records or makes false reports or fails to respond to correspondence from the department as required under s. 102.31 (3) shall forfeit to the state not less than $10100 nor more than $100300 for  each offense. The department may waive or reduce a forfeiture imposed under this section if the employer or insurance company that violated this subsection a waiver or reduction of the forfeiture within 45 days after notice of the forfeiture is mailed to the employer or insurance company and shows that the violation was due to mistake or an absence of information.

(b) Interest shall accrue on amounts for forfeitures under sub. (a) not paid within 90 days after billing at a rate of 1% per month.  

(b) Notwithstanding par. (a), a record maintained by the department or the commission that reveals the identity of an employee who claims worker’s compensation benefits, the nature of the employee’s claimed injury, the employee’s past or present medical condition, the extent of the employee’s disability, the amount, type or duration of benefits paid to the employee or any financial information provided to the department by a self-insured employer or by an applicant for exemption under s. 102.28(2)(b) is confidential and not open to public inspection or copying under s. 19.35(1).  The department or the commission may deny a request made under s. 19.35(1) or, subject to s. 102.17 (2m) and (2s), refuse to honor a subpoena issued by an attorney of record in a civil or criminal action or special proceeding to inspect and copy a record that is confidential under this paragraph, unless one of the following applies: 1.  The requester is the employee who is the subject of the record or an attorney or authorized agent of an employee who is the subject of a record shall provide a written authorization for inspection and copying from the employee if requested by the department or the commission.       2.  The record that is requested contains confidential information concerning a worker’s compensation claim and the requester is an insurance carrier or employer that is a party to any worker’s compensation claim involving the same employee or an attorney or authorized agent of that insurance carrier or employer, except that the department or the commission is not required to do a random search of its records and may require the requester to provide the approximate date of the injury and any other relevant information that would assist the department in finding the record requested.  An attorney or authorized agent of an insurance carrier or employer that is a party to an employee’s worker’s compensation claim shall provide a written authorization for inspection and copying from the insurance carrier or employer if requested by the department or the commission. 4.  A court of competent jurisdiction in this state orders the department or the commission to release the record. (c) Notwithstanding par. (a), a record maintained by the department or the commission that contains employer or insurer information obtained from the Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1)(a) is confidential and not open to public inspection or copying under s. 19.35(1) unless the Wisconsin compensation rating bureau authorizes public inspection of copying of that information.

(5) Interest shall accrue on amounts for assessments under par. (2) not paid within 90 days after billing  at a rate of 1% per month.  The interest shall be paid to the fund established by s. 102.65.

(d) No compromise agreement may provide for a lump sum payment of more than the incurred medical expenses plus sums accrued as compensation or death benefits to the date of the agreement and $5,00010,000 in unaccrued benefits where the compromise settlement in a claim other than for death benefits involves a dispute as to the extent of permanent disability.  Lump sum payments will be considered after approval of the compromise in accordance with s. DWD 80.39.

(g) All written compromise agreements submitted to the department shall contain the following: The employee has the right to petition the department of industry, labor and human relations workforce development to set aside or modify this compromise agreement within one year of its approval by the department. The department may set aside or modify the compromise agreement.  The right to request the department to set aside or modify the compromise agreement does not guarantee that the compromise will in fact be reopened.  

(1)  The department may order partial or full payment of unaccrued compensation to an employee or his or her dependents pursuant to s. 102.32(6m), Stats., upon consideration of the following factors: 

(2)  ELIGIBILITY.  The determination of eligibility for vocational rehabilitation training and whether a person is a suitable subject for training is the responsibility of the department of health and family services division of vocational rehabilitation.  If the department of health and family services division of vocational rehabilitation determines that an employee is eligible to receive services under 29 USC 701 to 797b, but that the department of health and family services division of vocational rehabilitation cannot provide those services for the employee, the employee may select a private rehabilitation specialist certified by the department to determine whether the employee can return to suitable employment without rehabilitative training and whether rehabilitative training is necessary to develop a retraining program to restore as nearly as possible the employee to his or her preinjury earning capacity and potential. (7)(b) The department shall arrange with the department of health and family services division of vocational rehabilitation to receive timely notice whenever the department of health and family services division of vocational rehabilitation determines under s. 102.61 (1m), Stats., that it cannot serve an eligible employee.  When the department of health and family services division of vocational rehabilitation notifies the department that it cannot serve an eligible employee, the department shall mail to the employee and the self-insured employer or insurance carrier a list of certified specialists serving the area where the employee resides. (8) EMPLOYER’S DUTIES UPON RECEIPT OF PERMANENT RESTRICTIONS.  Upon receiving notice that the department of health and family services division of vocational rehabilitation cannot serve the employee under s. 102.61(1m), Stats. the employee or a person authorized to act on the employee’s behalf shall provide the employer with a written report from a physician, podiatrist, psychologist or chiropractor stating the employee’s permanent work restrictions.  Within 60 days of receiving the practitioner’s work restrictions, the employer shall provide to the employee or the employee’s authorized representative, in writing:

(4)  The 3024  hour minimum workweek under s. 102.11 (1) (f), Stats., does not apply to a part-time employee unless the employee is a member of a regularly scheduled part of class of part-time employee In all other cases part-time employment is on the basis of normal full-time employment in such job. However, this subsection does not apply to part-time employees defined in s. 102.11 (1) (f), Stats., who restrict availability on the labor market. As to the employees so defined, those wages will be expanded to the normal part-time or full-time wages unless the employer or insurance company complies with s. DWD 80.02 (2)(a)(d).

(i) “Formula amount” means the mean fee for a procedure plus 1.54 standard deviations from that mean as shown by data from a certified data base.

 (1)(a) Such a deduction shall not include the multiple injury factors under s. 102.53, Stats. and the dominant hand increase under s. 102.54, Stats.; and   (2) The number of weeks attributable to scheduled disabilities shall be deducted from 1,000 weeks before computing the number of weeks due for a non-scheduled disability resulting from the same injury.  This deduction shall not include multiple injury factors under s. 102.53, Stats. and the dominant hand increase under s. 102.54, Stats. (3) Multiple injury factors under s. 102.53, Stats. and the dominant hand increase under s. 102.54, Stats., do not apply to compensation for disfigurement under s. 102.56, Stats.

(1) Payment of benefits under s. 102.59, Stats., shall initially be made to the individual entitled to the benefits at such time as payments of primary compensation by the employer cease to be made or would have been made had there been no payment under s. 102.32 (6m), Stat., unless the preexisting disability and the disability for which primary compensation is being paid combine to result in permanent total disability. (3) Payments under s. 102.59, Stats., shall be on a periodic basis but subject to ss. 102.32 (6m) and (7), Stats.

(L) “Provider” or “health service provider” includes a physician, podiatrist, psychologist, optometrist, chiropractor, dentist, physician’s assistant, advanced practice nurse prescriber, therapist, medical technician, or hospital.

(d)  “Provider” includes a hospital, physician, psychologist, chiropractor, podiatrist, physician’s assistant, advanced practice nurse prescriber, or dentist, or another licensed medical practitioner who provides treatment ordered by a physician, psychologist, chiropractor, podiatrist, physician’s assistant, advanced practice nurse prescriber, whose order of treatment is subject to review.

4.  Reports and records admitted or received into evidence under this section constitute substantial evidence as to the matter contained in those reports and records within the meaning of 102.23(6)

(h) The contents of certified reports of investigation, made by industrial safety specialists who are employed, contracted, or otherwise secured by the department and available for cross-examination, served upon the parties 15 days prior to the hearing, shall constitute prima facie evidence as to the matter contained in those reports.  Reports and records admitted or received into evidence under this section constitute substantial evidence as to the matter contained in those reports and records within the meaning of 102.23(6).

(b)  The employer is not liable for the expense of unreasonable travel to obtain treatment.  The employer shall pay reasonable travel to obtain medical treatment at the rate set by the department of administration for mileage reimbursement for state employees.

(1) Subject to subs. (1g) and (1m), an employee who is entitled to receive and has received compensation under this chapter, and who is entitled to and is receiving instructions under 29 USC 701 to 797b, as administered by the state in which the employee resides or in which the employee resided at the time of becoming physically disabled, shall, in addition to other indemnity, be paid the actual and necessary expenses of travel at the rate set by the department of administration for mileage reimbursement for state employees, and, if the employee receives instructions elsewhere than at the place of residence, the actual and necessary costs of maintenance, during rehabilitation, subject to the conditions and limitations specified in sub. (1r).

(c) Subject to par. (d), if the employer or the employer’s insurer concedes liability for an injury that results in permanent disability, but the extent of the permanent disability cannot be determined without a permanent disability rating, compensation for permanent disability shall begin within 30 days after the earlier of the date the employer or the employer’s insurer has receivesd a medical report that provides a basis for a permanent disability rating or suspension of temporary disability benefits