Worker's Compensation Advisory Council

Management Proposals for the Agreed Bill Process for 2007-2008 Session

Proposal # Statute Topic Proposal
1.   Construction Employer and Exclusive Remedy No employee of a subcontractor who makes a claim for compensation may make a claim or maintain an action in tort against any prime contractor who compensates the subcontractor for the employee's services.  ("Subcontractor" and "Prime Contractor" as defined in s.779.14(1)(a), Wis. Stats.) (Based on s.102.29(6), Wis. Stats.)

An employer whose employee  makes a claim for compensation shall be immune from any action in tort by the employee or any other employer who compensates the employer for the employee's services.
Medical Fee Schedule Introduction of a fee schedule - details to follow.
3. 102.17(4)
Barred Claims Employer/insurer to be liable for medical expenses related to prostheses, provided that before the expiration of the limitation period the worker already had the prosthesis implanted.
4. 102.555 Hearing Loss Claims
Any audiogram performed closest to the last date of employment shall be presumed to constitute better evidence of work related hearing loss when compared to any audiogram performed further from the last date of employment, regardless of whether either test is performed before or after the last date of employment.
5. 102.555 Hearing Loss Claims
Where the Department, pursuant to the rules established by the Department for measuring hearing impairment, determines that there is no practical hearing impairment, no expenses for medical treatment, evaluation, testing or hearing aids shall be compensable.
6. 102.29
Temp Worker I.  An employee of a temp agency cannot sue an employee of a different temp agency if the same employer compensates both temp agencies.
II.  An employee of the employer that compensates the temp agency can not sue the temp help agency.
7. 102.35 (3) Refusal to Rehire Clarify that 102.35(3) is meant to be an anti-retaliation provision (i.e., an employer cannot terminate an employee because the employee filed a WC claim).  This would require evidence of retaliatory motive.
8. 102.35 (3) Refusal to Rehire Allow ability to engage in discovery.
PTD Presume PTD benefits cease once an employee reaches the age of 67.
10.   Supplemental Benefit Fund Eliminate payments to injured workers from the WISBF for 2nd injuries.
11. 102.66(1) Supplemental Benefit Fund Eliminate payments on barred and previously compromised hearing loss claims.  No payments would be made on these claims.
PTD Eliminate death benefit payments for PTD's who die from non-work related causes.