Worker's Compensation Advisory Council

Public and Legislative  Proposals for the Agreed Bill Process for 2007-2008 Session

 

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
e-mail
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
 

 

 


 Updated February 06, 2012
 Division of Worker's Compensation
 Content Contact: WCLEGAL