Website - Division of Worker's Compensation
Email - WC
Council on Workers' Compensation
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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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