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| Proposal # | Statute | Topic | Proposal | Source | Date |
|---|---|---|---|---|---|
| 1. | 102.43 | Three (3) Day Waiting Period |
Waiver of the three (3) day waiting period for firefighters and EMS personnel. | Senator Scott Fitzgerald | Letter 10/6/05 |
| 2. | 102.11(1) & 102.44(1) |
Cost of Living Increases on Compensation for Permanent Total Disability | Create systematic cost of living increases in compensation payable to employees collecting compensation for permanent total disability. | Mr. Chuck Carr |
Letter 4/10/06 & WCAC Meeting 5/11/06 |
| 3. | 102.26 (2) & 80.43 |
Attorney Fees |
1. Amend the law to create a sliding scale on smaller dollar WC cases to
provide for reasonable attorney fees to allow injured employees to
obtain legal representation. This proposal is to address the current
situation where some workers with small dollar value primary
compensation cases cannot obtain legal representation due to the
limitations on attorney fees. 2. Attorney fees should be awarded on unpaid medical expenses and a system developed to allow fair payment of attorney fees when there is a recovery for subrogated medical insurance payers and short term disability carriers. 3. Designation of attorneys as a party in interest in the WC case when attorney fees have been awarded or denied. 4. The appointment of a committee to study the issue of setting sufficient attorney fees to ensure adequate legal representation of employees in WC cases. 5. Eliminate attorney fee limitations entirely on penalty claims. |
Attorney John Edmondson & Attorney Raymond Clausen |
e-mail 4/28/06 & WCAC Meeting 8/16/06 |
| 4. | 102.42 | Employer Choice of Treating Practitioner |
The Wood County Board of Supervisors passed a resolution dated July 18, 2006 that supports an amendment to s. 102.42, Wis. Stats., that will allow employees to select the primary physician for treatment of a work-related injury from a pool of physicians selected by the WC insurer or self-insured employer. | Wood County Board of Supervisors Resolution # 06-7-3 |
7/18/06 Letter |
| 5. | 102.13 (1) & 102.13 (4) & 102.33(2)(b) |
Examination of Employee by WC Insurer’s or Employer’s Physician & Employees’ Names Listed on Cases on LIRC’s Website |
1. Require that when an examining physician opines that a work-injury is
due to preexisting disability, the WC insurance carrier must provide
documentation to the injured employee and the Department to substantiate
that finding before denying benefits. 2. Eliminate the requirement that injured employees must travel up to 100 miles for an examination with a physician selected by the insurer or employer when other physicians are located nearby. 3. The Department should adopt the same guidelines as the American Medical Association to define the physician/patient relationship established for the purposes of an examination requested by the insurer or employer. 4. Require the Labor and Industry Review Commission to remove WC and ERD cases posted on its website to avoid the disclosure of confidential information. |
Jane Wester |
8/16/06 WCAC Meeting |
| 6. |
102.26 & 80.43 |
Attorneys Fees |
1. The amount paid for attorney fees in social security disability cases
should not be considered in the Department’s computation of the social
security reverse offset. 2. The Department should administer DWD 80.43 in a uniform manner. 3. Attorney fees should be awarded on medical expense. 4. Attorneys should not be awarded fees of 20% on compensation that was not disputed. 5. Attorneys should be allowed to represent both the injured employee and another party with a right of reimbursement. |
Attorney John Neal |
8/16/06 WCAC Meeting |
| 7. | 102.42 (4) |
Christian Science Treatment |
Repeal the subsection that allows employers to elect not to be subject to the provision of Christian Science treatment. | Ms. Connie Coddington, Christian Science Committee on Publication for Wisconsin |
9/25/06 Letter |
| 8. | 102.555 (7) & (8) | Apportionment of Liability Among Employers for Occupational Hearing Loss | Repeal the current statutory provision that requires the last known
employer to be liable for payment of occupational hearing loss claims,
and require that each employer where the employee worked to be liable
for a prorated portion of the claim. |
Mr. Mark A. Connell, Vice President, KNG Mechanical, Inc. | 10/5/06 |
| 9. | 102.16 (2) & 102.42 |
Medical Expense Fee Schedule |
A medical expense fee schedule should be adopted. A Medicare Resource Based Relative Value System (RBRVS) fee schedule with a conversion factor is recommended. | Mr. Jim Thomas, President & CEO, Society Insurance Co. | 12/6/06 WCAC Public Hearing Madison |
| 10. | 102.16 (2) & 102.42 |
Medical Expense Fee Schedule |
A workable medical expense fee schedule should be adopted in Wisconsin. | Mr. John Duwell, Senior Vice President, West Bend Mutual Ins. Co. | 12/6/06 WCAC Public Hearing Madison |
| 11. | 102.13 (1) & 102.16 (2) & 102.42 |
Costs for Examination by Practitioner selected by WC Insurer or
Employer & Medical Expense Fee Schedule |
1. Establish a limit on charges for examinations conducted by
practitioners selected by WC insurance carriers or employers such as in
Minnesota. 2. A medical expense fee schedule should be adopted in Wisconsin. |
Ms. Patricia Engl, WC Claims Mgr., West Bend Mutual Ins. Co. |
12/6/06 WCAC Public Hearing Madison |
| 12. | 102.16 (2) & 102.42 |
Medical Expense Fee Schedule |
A Medicare Resource Based Relative Value System (RBRVS) medical expense
fee schedule should be adopted in Wisconsin. |
Mr. Stan Hoffert, Insurance Group | 12/6/06 WCAC Public Hearing Madison |
| 13. | 102.42 (4) | Christian Science Treatment |
Repeal the subdivision that allows employers to elect not to be subject
to the provision of Christian Science treatment. |
Ms. Margaret Lewis, Wisconsin Christian Science Committee on Publication | 12/6/06 WCAC Public Hearing Madison |
| 14. | 102.26 & 80.43 |
Attorney Fees | Amend the statute to require WC insurance carriers to reimburse attorney fees and costs to the winning side as an incentive for attorneys to represent injured employees in more cases. | Mr. Harold Koeppl, Vice President , United Steel Workers Local 2366
|
12/6/06 WCAC Public Hearing Madison |
| 15. | 102.11 (1) & 102.44 (1) |
1.Cost of Living Increases on Compensation for Permanent Total
Disability & 2.Continuation of Other Benefits |
1. Compensation for employees receiving permanent total disability
should be increased each year based on the current rate for that year.
2. Other insurance benefits should continue for employees who are permanently and totally disabled. |
Ms. Patricia Grillot |
12/6/06 WCAC Public Hearing Madison |
| 16. | 1. 102.26 & 2.102.17 (1) (d) 1 & 3. 102.18(1) |
1. Attorney Fees 2. Competency of Social Workers to Give Testimony 3.Deciding Contested Cases Involving Mental Injuries |
1. Attorney fees should not be so limited because some employees cannot
retain an attorney to represent them in WC cases. 2. Testimony from a social worker should be admissible at a hearing involving an employee’s claim based on a non-traumatic injury. 3. Decisions in cases involving mental injuries should not be left to Administrative Law Judges, but to mental health professionals or a jury. |
Mr. Robert Jaeger |
12/6/06 WCAC Public Hearing (From Milwaukee) |
| 17. | 102.43 | Three (3) Day Waiting Period | Eliminate the three (3) day waiting period for all employees because they should receive compensation for all time lost from work due to an injury. | Carol Wautlet | 12/19/06 e-mail |
| 18. | 102.13 (1) | Examination of Employee by WC Insurer’s or Employer’s Physician | Require that the examining practitioner’s actual address must be listed on the report or the WCK-16-B form. This proposal is being made because many examinations under s. 102.13 (1), Wis. Stats., are set up through a few IME brokerage companies and the only address listed is the address of the brokerage company. | Attorney John B. Edmondson | 1/12/07 Letter |
| 19. |
102.04 or 102.07 |
School Aged Children Not Employees While Attending School |
The school aged child of any employer shall not be deemed an employee of that employer while the child is attending a full-time educational program. | Mr. David Bordersma |
1/25/07 Telephone Call to the Department |