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Compensation Advisory Council
Council on Worker's Compensation
October 6, 2009
Members present: Mr. Beiriger, Mr. Brand, Mr.
Collingwood, Ms. Connor, Ms. Huntley-Cooper, Mr. Kent, Mr.
Newby, Ms. Nugent, Mr. Olson, Ms. Pehler,
Mr. Redman, Mr. Schwanda and Ms. Vetter
Staff present: Mr. Conway, Mr. O'Malley, Ms.
Knutson, Mr. Krueger, and Mr. Shorey
- Call to Order/Introductions: Ms. Huntley-Cooper convened the
Worker's Compensation Advisory Council (WCAC) meeting at approximately 10:00
a.m. in accordance with Wisconsin's open meetings law. WCAC members, staff
and members of the audience introduced themselves.
- Minutes: The minutes of the June 5, 2009 meeting were
unanimously approved without correction.
- Presentation: Mr. Greg Krohm, Executive Director of the
International Association of Industrial Accident Boards and Commissions,
provided a presentation on the Wisconsin Compensation Rating Bureau's (WCRB)
voluntary medical data call, which was sponsored by the Wisconsin Insurance
Alliance. The current reasonableness of fee dispute resolution process that
has been in effect since 1992, has not kept rising medical costs under
control. In addition, the number of medical disputes filed has been a
workload burden on the Worker's Compensation Division (WCD). The highest
costs in Wisconsin are for surgical care. Forty-two carriers responded to
the WCRB data call with information on 1.2 million medical bills for the
years 2006 and 2007. The information included the charged and paid amounts
by procedure code. Regional variations in charges are very small. The data
call analysis is a tool that can be used in analyzing medical costs
associated with worker's compensation claims.
- Reports: Mr. O'Malley reported on the amendments to Chapter 102,
Wis. Stats., approved in the state budget effective July 1, 2009 (2009 WI
Act 28). Copies of the language of the amendments were handed out to the
A new subsection was created, §102.07(8)(d), which provides a fine of
$25,000 in the event a construction employer attempts to misclassify an
employee as a non-employee. The fine would be imposed by the court system.
Domestic partners, as defined under Chapter 770, are included as dependents
under the Worker's Compensation Act for death benefit purposes and the
special death benefit for dependents of law enforcement officers under
§102.475. Children of domestic partners are eligible for benefits from the
Children's Fund under §102.49.
Mr. O'Malley reviewed the summary of the WCAC's action on the agreed bill
proposals for amendments to Chapter 102 and DWD 80. Management and Labor
will further review the language and intent of the proposed amendment to
Mr. O'Malley and Ms. Knutson reviewed and further explained the four
Department proposals that were pending action by the WCAC (Department
proposal numbers 2, 12, 13 and 14). The WCAC tabled further action on these
Correspondence: Tabled until next meeting.
Unfinished Business-Proposals: The WCAC members
discussed health cost containment issues with the Medical Liaisons to the
WCAC. Issues discussed included: setting a maximum allowable payment,
indexing future medical costs, utilization of the medical data call
information, and the length of time needed to develop and implement a health
cost containment system.
The WCAC members requested that language be added to the proposed amendment
to §102.43(9) to clarify that temporary disability benefits would not be
payable to an injured worker during the period of his/her incarceration.
Mr. Newby reported that the planned meeting with Mr. Buchen, Mr. Newby and
Secretary Gassman regarding the lapse in funds from the WCD budget and the
WISBF was postponed and has not yet been rescheduled.
New Business: None.
- Adjournment: Discussion on all agenda items concluded and the
meeting was adjourned at approximately 4:00 p.m.
Future meeting dates: October 19, 2009 at the Crowne Plaza