Council on Workers' Compensation
Meeting Minutes
GEF-1 Building
Madison, Wisconsin
August 25, 2015

Members present: Mr. Beiriger, Ms. Bloomingdale , Mr. Buchen, Mr. Ginsburg, Mr. Herzog. Ms. Johnson, Mr. Kent,  Ms. Nugent, Mr. O'Malley (Acting Chair), Mr. Redman,  Mr. Schwanda, Ms. Seiler, and Ms. Thomas

Member Excused: Mr. Brand

Staff present: Mr. Krueger, Mr. Moreth, Ms. Smiley

  1. Call to Order/Introductions:  Mr. O'Malley convened the Worker's Compensation Advisory Council (WCAC) meeting at approximately 10:05 a.m. in accordance with Wisconsin's open meetings law. Mr. O'Malley introduced  Ms. Delora Newton, the newly appointed Administrator of the Worker's Compensation Division(WCD). Ms. Newton provided information regarding her experience and background. Mr. O'Malley welcomed Mr. Thomas Herzog, a new member of the Council, representing worker's compensation insurance carriers. Council members, Workers Compensation Division(WCD) staff, and members of the audience introduced themselves.
  2. Approval of minutes:  Mr. Beiriger moved to approve the minutes of the June 0. 2015 meeting. Ms. Bloomington  seconded the motion. The minutes were unanimously approved without correction.
  3. Correspondence: Mr. O'Malley reviewed correspondence to the Council received since the last meeting.

    An e-mail message dated July 15, 2015 was received from Attorney Douglas Phebus, an attorney representing injured employees. Attorney Phebus requested that the requirement for a Certificate of Readiness be eliminated.

  4.  Amendments to DWD 80 Wis. Administrative Code:  The final draft language for the amendments to Ch. DWD 80 of the Wisconsin Administrative Code approved by the Council was submitted to the legislature on July 14, 2015. Copies of the final draft language were distributed at the meeting. The rules are now in legislative committee review. After that review period, they will go to the Joint Committee for Review of Administrative Rules. After that review, the rule amendments will be submitted to the Legislative Reference Bureau for publication. It is anticipated these rule amendments will become effective as of November 1 or December 1, 2015.Mr. O'Malley will communicate the effective date to the Council and this information will also be posted on the WCD website. Mr. O'Malley will prepare a plain language summary of the rule amendments which will also be posted on the WCD website.
  5. Department Technical Changes Proposals: 2015 Wisconsin Act 55 (Budget Bill) enacted changes regarding the structure of WCD and transferred some WCD staff to the Department of Administration Division of Hearings and Appeals (DHA) for adjudicative functions. There are approximately a dozen minor, technical changes to Ch. 102, Wis. Stats., that need to be adopted to implement the upcoming transfer. These proposals will be distributed to the Council after they are available.
  6. Motion to Caucus: Mr. Beiriger moved for the members to go into closed caucus. Ms. Bloomingdale seconded the motion. The motion was approved unanimously and the members of the Council went into their separate caucuses at about 10:20 a.m.
  7. Adjournment: The members of the Council requested the meeting scheduled on September 8, 2015  be cancelled to allow additional time to discuss proposed legislative changes with stakeholders and receive feedback from them concerning the proposals. Wednesday, October 21, 2015 was set as the next meeting date. The meeting was adjourned at approximately 12:50 p.m.