AMENDMENTS TO THE WORKER'S COMPENSATION ACT PLAIN LANGUAGE SUMMARY 2007 WISCONSIN ACT 185 EFFECTIVE APRIL 1, 2008

  1. Law in Effect on Injury Date. The drafter included this amendment to cover the effective date(s) for s. 102.555 (12) stats. s. 102.03 (4).
  2. Permanent Partial Disability. The maximum weekly benefit rates for permanent partial disability are increased for injuries occurring on and after the effective date in 2008 to $272 and to $282 for injuries occurring on and after January 1, 2009. s. 102.11 (intro).
  3. Reasonableness of Fee Disputes. These are technical amendments by the drafter to update the language covering reasonableness of fee disputes. ss. 102.16 (1m) (a) & (2) (am) and 102.18 (1) (bg) 1.
  4. Necessity of Treatment Disputes. These are technical amendments by the drafter to update the language covering necessity of treatment disputes. ss. 102.16 (1m) (b), (2m) (c ), (2m) (g), and 102.18 (1) (bg) 2.
  5. Pharmacy Fee Disputes. These amendments clarify the authority of administrative law judges to determine by stipulation, compromise or order after hearing whether or not prescription drug fees are reasonable in a similar manner as used in reasonableness of fee disputes. ss. 102.16 (1m) (c ) and 102.18 (1) (bg) 3.
  6. Reimbursement of Sums Illegally Deducted. The drafter included this amendment to cover sums illegally deducted by employers for worker's compensation insurance policies issued pursuant to s. 102.315 (3), (4) and (5) (a) stats., for PEOs and employee leasing companies. s. 102.16 (3).
  7. WC Treatment Guidelines. Reference to the Minnesota WC Treatment Guidelines is deleted. s. 102.16 (2m) (g).
  8. Statute of Limitations. The drafter included this amendment to cover the effective date(s) for s. 102.555 (12) stats. s. 102.17 (4).
  9. Attorney Fees. The maximum amount of attorney fees payable to attorneys representing employees in cases of admitted liability where there is no dispute as to the amount compensation due and in which no hearing or appeal is necessary is increased from $100 to $250. s. 102.26 (2).
  10. Exclusive Remedy. Exclusive remedy is extended to cover more than one temporary help agency or employee leasing company and all of the employees that are provided to a client-employer. s. 102.29 (6) and (6m).
  11. Insurance Requirements for PEOs and Employee Leasing Companies. Multiple coordinated policies will be required for WC liability except for small clients whose premium is not large enough for experience rating who may continue to be insured under a master policy. Master policies will be permitted in the future when unit statistical and other data can be tracked for each client and the filing is approved by the Wisconsin Compensation Rating Bureau (WCRB) and Office of the Commissioner of Insurance (OCI). s. 102.315.
  12. Interest Credit. The interest credit for advancement and lump sum payments will be reduced from 7 % to 5 %. s. 102.32.
  13. Christian Science Treatment. Employers will no longer be permitted to elect not to have their employees covered by Christian Science treatment, and charges from Christian Science practitioners will be limited to usual and customary. s. 102.42 (1) and (4).
  14. Pharmacy Fee Schedule. Reference to the American Druggist Blue Book or its successor for determining average wholesale price is deleted, and a dispute resolution process is created for resolving disputes involving the pharmacy fee schedule similar to reasonableness of fee disputes. s. 102.425 (3), (4) (b) and (4m).
  15. Supplemental Benefits. Supplemental benefits for employees with old injuries who are permanently and totally disabled are extended covering 6 more years from 1987 to 1992 with the maximum weekly benefit rate increased from $338 to $450. s. 102.44 (1).
  16. Occupational Hearing Loss. Liability is eliminated for expense for examination or test, treatment for hearing loss, evaluation of examination or testing, medical treatment for hearing loss or restoring hearing or hearing aids for occupational hearing loss claims that do not reach the level of hearing loss to qualify for indemnity. This amendment applies to injury dates on and after the effective date and for claims made more than 6 years after the effective date. s. 102.555 (12).
  17. Work Injury Supplemental Benefit Fund. Statutory authority is established for the Attorney General's Office to represent the state for collection of double and treble compensation payable for illegal employment of minors under s. 102.60 stats., and elimination of the fund's maximum balance limit of 3 times the payments made in the preceding fiscal year. ss. 102.64 (2) and 102.65 (3).
  18. Uninsured Employers Fund (UEF) Reserves. Elimination of the requirement to consider incurred but not reported ( IBNR ) claims in calculating reserves for the UEF. s. 102.80 (3) (ag).
  19. Uninsured Employers Fund (UEF) Liens and Personal Liability. Increase the time limit that liens resulting from warrants remain in effect from 10 years to the date paid, and personal liability based on individual, joint and several liability will remain in effect until the date paid. s. 102.83 (1) (a) and (8).

If you disagree with the decision from LIRC, you may appeal to circuit court.

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