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AB232: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2485/2
MIM:emw
2025 ASSEMBLY BILL 232
May 2, 2025 - Introduced by Representatives
Sortwell
,
Armstrong
,
Dittrich
,
Moses
,
Murphy
and
Sinicki
, cosponsored by Senators
Testin
,
Wanggaard
,
Feyen
and
Wall
. Referred to Committee on Workforce Development, Labor, and Integrated Employment.
AB232,2,17
1
An Act
to repeal
102.01 (2) (ad), 102.15 (1) (b), 102.18 (1) (b) 1t., 227.43 (1)
2
(bm), 227.43 (2) (am), 227.43 (3) (bm) and 227.43 (4) (bm);
to amend
40.65 (2)
3
(b) 3., 40.65 (2) (b) 4., 102.01 (2) (dm), 102.04 (2r) (b), 102.07 (8) (c), 102.12,
4
102.13 (1) (c), 102.13 (1) (d) 2., 102.13 (1) (d) 3., 102.13 (1) (f), 102.13 (2) (a),
5
102.13 (3), 102.13 (4), 102.13 (5), 102.14 (title), 102.14 (1), 102.14 (2), 102.16
6
(1m) (a), 102.16 (1m) (b), 102.16 (1m) (c), 102.16 (2) (a), 102.16 (2) (b), 102.16
7
(2m) (a), 102.16 (2m) (b), 102.16 (4), 102.17 (1) (a) 1., 102.17 (1) (a) 2., 102.17
8
(1) (a) 3., 102.17 (1) (a) 4., 102.17 (1) (b), 102.17 (1) (c), 102.17 (1) (cg) 1., 102.17
9
(1) (cg) 2., 102.17 (1) (cg) 2m., 102.17 (1) (cg) 3., 102.17 (1) (cr), 102.17 (1) (ct),
10
102.17 (1) (d) 2. and 4., 102.17 (1) (e), 102.17 (1) (f) 1., 102.17 (1) (g), 102.17 (1)
11
(h), 102.17 (2), 102.17 (2m), 102.17 (2s), 102.17 (4) (a), 102.17 (7) (b), 102.17 (7)
12
(c), 102.17 (8), 102.175 (2), 102.175 (3) (c), 102.18 (1) (b) 1., 102.18 (1) (b) 1d.,
13
102.18 (1) (b) 2., 102.18 (1) (b) 3., 102.18 (1) (bg) 1., 102.18 (1) (bg) 2., 102.18 (1)
1
(bg) 3., 102.18 (1) (bw), 102.18 (1) (c), 102.18 (1) (e), 102.18 (3), 102.18 (4) (c) 3.,
2
102.18 (4) (d), 102.18 (5), 102.18 (6), 102.195, 102.22 (1), 102.22 (2), 102.23 (2),
3
102.23 (3), 102.23 (5), 102.24 (2), 102.25 (1), 102.26 (2), 102.26 (3) (b) 1., 102.26
4
(3) (b) 3., 102.26 (4), 102.27 (2) (b), 102.28 (3) (c), 102.28 (4) (c), 102.29 (1) (b)
5
(intro.), 102.29 (1) (c), 102.29 (1) (d), 102.30 (7) (a), 102.32 (1m) (intro.), 102.32
6
(1m) (a), 102.32 (1m) (c), 102.32 (1m) (d), 102.32 (5), 102.32 (6m) (a), 102.32
7
(7), 102.33 (1), 102.33 (2) (a), 102.33 (2) (b) (intro.), 102.33 (2) (b) 1., 102.33 (2)
8
(b) 2., 102.33 (2) (b) 4., 102.33 (2) (c), 102.33 (2) (d) 2., 102.35 (3), 102.42 (1m),
9
102.42 (6), 102.42 (8), 102.425 (4m) (a), 102.425 (4m) (b), 102.43 (5) (b), 102.44
10
(2), 102.44 (6) (b), 102.475 (6), 102.48 (1), 102.48 (2), 102.48 (3), 102.49 (3),
11
102.49 (6), 102.51 (3), 102.51 (4), 102.51 (6), 102.55 (3), 102.555 (12) (a), 102.56
12
(1), 102.56 (2), 102.565 (1), 102.565 (2), 102.565 (3), 102.61 (1g) (c), 102.61 (2),
13
102.62, 102.64 (1), 102.64 (2), 102.65 (3), 102.66 (1) and 102.75 (1);
to repeal
14
and recreate
102.16 (1) and 102.18 (2) of the statutes;
relating to:
15
transferring adjudicatory functions for worker’s compensation from the
16
Division of Hearings and Appeals in the Department of Administration to the
17
Department of Workforce Development.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Workforce Development performs various administrative and adjudicatory functions relating to worker’s compensation, except that the adjudicatory functions of DWD relating to disputed worker’s compensation claims are performed by the Division of Hearings and Appeals in the Department of Administration. This bill transfers the adjudicatory functions of DHA relating to disputed worker’s compensation claims to DWD.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB232,1
1
Section
1
.
40.65 (2) (b) 3. of the statutes is amended to read:
AB232,3,6
2
40.65
(2)
(b) 3. The department shall determine whether or not the applicant
3
is eligible for benefits under this section on the basis of the evidence in subd. 2. An
4
applicant may appeal a determination under this subdivision to the
division of
5
hearings and appeals in the department of administration
department of workforce
6
development
.
AB232,2
7
Section
2
.
40.65 (2) (b) 4. of the statutes is amended to read:
AB232,3,10
8
40.65
(2)
(b) 4. In hearing an appeal under subd. 3., the
division of hearings
9
and appeals in the department of administration
department of workforce
10
development
shall follow the procedures under ss. 102.16 to 102.26.
AB232,3
11
Section
3
.
102.01 (2) (ad) of the statutes is repealed.
AB232,4
12
Section
4
.
102.01 (2) (dm) of the statutes is amended to read:
AB232,3,15
13
102.01
(2)
(dm) “Order” means any decision, rule, regulation, direction,
14
requirement, or standard of the department
or the division
, or any other
15
determination arrived at or decision made by the department
or the division
.
AB232,5
16
Section
5
.
102.04 (2r) (b) of the statutes is amended to read:
AB232,3,20
17
102.04
(2r)
(b) The franchisor has been found by the department
or the
18
division
to have exercised a type or degree of control over the franchisee or the
19
franchisee’s employees that is not customarily exercised by a franchisor for the
20
purpose of protecting the franchisor’s trademarks and brand.
AB232,6
21
Section
6
.
102.07 (8) (c) of the statutes is amended to read:
AB232,4,3
22
102.07
(8)
(c) The
division
department
may not admit in evidence any state or
1
federal law, regulation, or document granting operating authority
,
or
a
license when
2
determining whether an independent contractor meets the conditions specified in
3
par. (b) 1. or 3.
AB232,7
4
Section
7
.
102.12 of the statutes is amended to read:
AB232,4,23
5
102.12
Notice of injury, exception, laches.
No claim for compensation
6
may be maintained unless, within 30 days after the occurrence of the injury or
7
within 30 days after the employee knew or ought to have known the nature of his or
8
her disability and its relation to the employment, actual notice was received by the
9
employer or by an officer, manager or designated representative of an employer. If
10
no representative has been designated by posters placed in one or more conspicuous
11
places where notices to employees are customarily posted, then notice received by
12
any superior is sufficient. Absence of notice does not bar recovery if it is found that
13
the employer was not misled by that absence. Regardless of whether notice was
14
received, if no payment of compensation, other than medical treatment or burial
15
expense, is made, and if no application is filed with the department within 2 years
16
after the date of the injury or death or the date the employee or his or her dependent
17
knew or ought to have known the nature of the disability and its relation to the
18
employment, the right to compensation for the injury or death is barred, except that
19
the right to compensation is not barred if the employer knew or should have known,
20
within the 2-year period, that the employee had sustained the injury on which the
21
claim is based. Issuance of notice of a hearing on the motion of the department
or
22
the division
has the same effect for the purposes of this section as the filing of an
23
application. This section does not affect any claim barred under s. 102.17 (4).
AB232,8
1
Section
8
.
102.13 (1) (c) of the statutes is amended to read:
AB232,5,9
2
102.13
(1)
(c) So long as the employee, after a written request of the employer
3
or insurer that complies with par. (b), refuses to submit to or in any way obstructs
4
the examination, the employee’s right to begin or maintain any proceeding for the
5
collection of compensation is suspended, except as provided in sub. (4). If the
6
employee refuses to submit to the examination after direction by the department
,
7
the division,
or an examiner, or in any way obstructs the examination, the
8
employee’s right to the weekly indemnity that accrues and becomes payable during
9
the period of that refusal or obstruction, is barred, except as provided in sub. (4).
AB232,9
10
Section
9
.
102.13 (1) (d) 2. of the statutes is amended to read:
AB232,5,15
11
102.13
(1)
(d) 2. Any physician, chiropractor, psychologist, dentist, physician
12
assistant, advanced practice registered nurse, or podiatrist who attended a worker’s
13
compensation claimant for any condition or complaint reasonably related to the
14
condition for which the claimant claims compensation may be required to testify
15
before the
division
department
when the
division
department
so directs.
AB232,10
16
Section
10
.
102.13 (1) (d) 3. of the statutes is amended to read:
AB232,5,23
17
102.13
(1)
(d) 3. Notwithstanding any statutory provisions except par. (e), any
18
physician, chiropractor, psychologist, dentist, physician assistant, advanced
19
practice registered nurse, or podiatrist attending a worker’s compensation claimant
20
for any condition or complaint reasonably related to the condition for which the
21
claimant claims compensation may furnish to the employee, employer, worker’s
22
compensation insurer,
or
department
, or division
information and reports
relative
23
related
to a compensation claim.
AB232,11
24
Section
11
.
102.13 (1) (f) of the statutes is amended to read:
AB232,6,3
1
102.13
(1)
(f) If an employee claims compensation under s. 102.81 (1), the
2
department
or the division
may require the employee to submit to physical or
3
vocational examinations under this subsection.
AB232,12
4
Section
12
.
102.13 (2) (a) of the statutes is amended to read:
AB232,6,21
5
102.13
(2)
(a) An employee who reports an injury alleged to be work-related or
6
files an application for hearing waives any physician-patient, psychologist-patient,
7
or chiropractor-patient privilege with respect to any condition or complaint
8
reasonably related to the condition for which the employee claims compensation.
9
Notwithstanding ss. 51.30 and 146.82 and any other law, any physician,
10
chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced
11
practice registered nurse, hospital, or health care provider shall, within a
12
reasonable time after written request by the employee, employer, worker’s
13
compensation insurer,
or
department,
or division,
or its representative, provide that
14
person with any information or written material reasonably related to any injury
15
for which the employee claims compensation. If the request is by a representative of
16
a worker’s compensation insurer for a billing statement, the physician, chiropractor,
17
psychologist, dentist, podiatrist, physician assistant, advanced practice registered
18
nurse, hospital, or health care provider shall, within 30 days after receiving the
19
request, provide that person with a complete copy of an itemized billing statement
20
or a billing statement in a standard billing format recognized by the federal
21
government.
AB232,13
22
Section
13
.
102.13 (3) of the statutes is amended to read:
AB232,7,11
23
102.13
(3)
If 2 or more physicians, chiropractors, psychologists, dentists, or
24
podiatrists disagree as to the extent of an injured employee’s temporary disability,
1
the end of an employee’s healing period, an employee’s ability to return to work at
2
suitable available employment or the necessity for further treatment or for a
3
particular type of treatment, the department
or the division
may appoint another
4
physician, chiropractor, psychologist, dentist, or podiatrist to examine the employee
5
and render an opinion as soon as possible. The department
or the division
shall
6
promptly notify the parties of this appointment. If the employee has not returned to
7
work, payment for temporary disability shall continue until the department
or the
8
division
receives the opinion. The employer or its insurance carrier, or both, shall
9
pay for the examination and opinion. The employer or insurance carrier, or both,
10
shall receive appropriate credit for any overpayment to the employee determined by
11
the department
or the division
after receipt of the opinion.
AB232,14
12
Section
14
.
102.13 (4) of the statutes is amended to read:
AB232,8,4
13
102.13
(4)
The right of an employee to begin or maintain proceedings for the
14
collection of compensation and to receive weekly indemnities that accrue and
15
become payable shall not be suspended or barred under sub. (1) when an employee
16
refuses to submit to a physical examination, upon the request of the employer or
17
worker’s compensation insurer or at the direction of the department
, the division,
or
18
an examiner, that would require the employee to travel a distance of 100 miles or
19
more from his or her place of residence, unless the employee has claimed
20
compensation for treatment from a practitioner whose office is located 100 miles or
21
more from the employee’s place of residence or the department
, division,
or
22
examiner determines that any other circumstances warrant the examination. If the
23
employee has claimed compensation for treatment from a practitioner whose office
1
is located 100 miles or more from the employee’s place of residence, the employer or
2
insurer may request, or the department
, the division,
or an examiner may direct,
3
the employee to submit to a physical examination in the area where the employee’s
4
treatment practitioner is located.
AB232,15
5
Section
15
.
102.13 (5) of the statutes is amended to read:
AB232,8,14
6
102.13
(5)
The department
or the division
may refuse to receive testimony as
7
to conditions determined from an autopsy if it appears that the party offering the
8
testimony had procured the autopsy and had failed to make reasonable effort to
9
notify at least one party in adverse interest or the department
or the division
at
10
least 12 hours before the autopsy of the time and place at which the autopsy would
11
be performed, or that the autopsy was performed by or at the direction of the
12
coroner or medical examiner or at the direction of the district attorney for purposes
13
not authorized under ch. 979. The department
or the division
may withhold
14
findings until an autopsy is held in accordance with its directions.
AB232,16
15
Section
16
.
102.14 (title) of the statutes is amended to read:
AB232,8,17
16
102.14
(title)
Jurisdiction of department
and division
; advisory
17
committee
council
.
AB232,17
18
Section
17
.
102.14 (1) of the statutes is amended to read:
AB232,8,20
19
102.14
(1)
Except as otherwise provided, this chapter shall be administered
20
by the department
and the division
.
AB232,18
21
Section
18
.
102.14 (2) of the statutes is amended to read:
AB232,9,7
22
102.14
(2)
The council on worker’s compensation shall advise the department
23
and the division
in carrying out the purposes of this chapter, shall submit its
1
recommendations with respect to amendments to this chapter to each regular
2
session of the legislature, and shall report its views upon any pending bill relating
3
to this chapter to the proper legislative committee. At the request of the
4
chairpersons of the senate and assembly committees on labor, the department shall
5
schedule a meeting of the council with the members of the senate and assembly
6
committees on labor to review and discuss matters of legislative concern arising
7
under this chapter.
AB232,19
8
Section
19
.
102.15 (1) (b) of the statutes is repealed.
AB232,20
9
Section
20
.
102.16 (1) of the statutes is repealed and recreated to read:
AB232,9,22
10
102.16
(1)
Any controversy concerning compensation or a violation of sub. (3),
11
including a controversy in which the state may be a party, shall be submitted to the
12
department in the manner and with the effect provided in this chapter. A
13
compromise of any claim for compensation may be reviewed and set aside, modified,
14
or confirmed by the department within one year after the date on which the
15
compromise is filed with the department, the date on which an award has been
16
entered based on the compromise, or the date on which an application for the
17
department to take any of those actions is filed with the department. Unless the
18
word “compromise” appears in a stipulation of settlement, the settlement shall not
19
be considered a compromise, and further claim is not barred except as provided in s.
20
102.17 (4) regardless of whether an award is made. The employer, insurer, or
21
dependent under s. 102.51 (5) shall have equal rights with the employee to have a
22
compromise or any other stipulation of settlement reviewed under this subsection.
1
Upon petition filed with the department under this subsection, the department
2
may set aside the award or otherwise determine the rights of the parties.
AB232,21
3
Section
21
.
102.16 (1m) (a) of the statutes is amended to read:
AB232,10,20
4
102.16
(1m)
(a) If an insurer or self-insured employer concedes by compromise
5
under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
6
employer is liable under this chapter for any health services provided to an injured
7
employee by a health service provider, but disputes the reasonableness of the fee
8
charged by the health service provider, the department
or the division
may include
9
in its order confirming the compromise or stipulation a determination made by the
10
department under sub. (2) as to the reasonableness of the fee or, if such a
11
determination has not yet been made, the department
or the division
may notify, or
12
direct the insurer or self-insured employer to notify, the health service provider
13
under sub. (2) (b) that the reasonableness of the fee is in dispute. The department
14
or the division
shall deny payment of a health service fee that the department
15
determines under sub. (2) to be unreasonable. A health service provider and an
16
insurer or self-insured employer that are parties to a fee dispute under this
17
paragraph are bound by the department’s determination under sub. (2) on the
18
reasonableness of the disputed fee, unless that determination is set aside, reversed,
19
or modified by the department under sub. (2) (f) or is set aside on judicial review as
20
provided in sub. (2) (f).
AB232,22
21
Section
22
.
102.16 (1m) (b) of the statutes is amended to read:
AB232,11,22
22
102.16
(1m)
(b) If an insurer or self-insured employer concedes by compromise
23
under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
1
employer is liable under this chapter for any treatment provided to an injured
2
employee by a health service provider, but disputes the necessity of the treatment,
3
the department
or the division
may include in its order confirming the compromise
4
or stipulation a determination made by the department under sub. (2m) as to the
5
necessity of the treatment or, if such a determination has not yet been made, the
6
department
or the division
may notify, or direct the insurer or self-insured employer
7
to notify, the health service provider under sub. (2m) (b) that the necessity of the
8
treatment is in dispute. Before determining under sub. (2m) the necessity of
9
treatment provided to an injured employee, the department may, but is not required
10
to, obtain the opinion of an expert selected by the department who is qualified as
11
provided in sub. (2m) (c). The standards promulgated under sub. (2m) (g) shall be
12
applied by an expert and by the department in rendering an opinion as to, and in
13
determining, necessity of treatment under this paragraph. In cases in which no
14
standards promulgated under sub. (2m) (g) apply, the department shall find the
15
facts regarding necessity of treatment. The department
or the division
shall deny
16
payment for any treatment that the department determines under sub. (2m) to be
17
unnecessary. A health service provider and an insurer or self-insured employer
18
that are parties to a dispute under this paragraph over the necessity of treatment
19
are bound by the department’s determination under sub. (2m) on the necessity of
20
the disputed treatment, unless that determination is set aside, reversed, or
21
modified by the department under sub. (2m) (e) or is set aside on judicial review as
22
provided in sub. (2m) (e).
AB232,23
23
Section
23
.
102.16 (1m) (c) of the statutes is amended to read:
AB232,12,20
1
102.16
(1m)
(c) If an insurer or self-insured employer concedes by compromise
2
under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
3
employer is liable under this chapter for the cost of a prescription drug dispensed
4
under s. 102.425 (2) for outpatient use by an injured employee, but disputes the
5
reasonableness of the amount charged for the prescription drug, the department
or
6
the division
may include in its order confirming the compromise or stipulation a
7
determination made by the department under s. 102.425 (4m) as to the
8
reasonableness of the prescription drug charge or, if such a determination has not
9
yet been made, the department
or the division
may notify, or direct the insurer or
10
self-insured employer to notify, the pharmacist or practitioner dispensing the
11
prescription drug under s. 102.425 (4m) (b) that the reasonableness of the
12
prescription drug charge is in dispute. The department
or the division
shall deny
13
payment of a prescription drug charge that the department determines under s.
14
102.425 (4m) to be unreasonable. A pharmacist or practitioner and an insurer or
15
self-insured employer that are parties to a dispute under this paragraph over the
16
reasonableness of a prescription drug charge are bound by the department’s
17
determination under s. 102.425 (4m) on the reasonableness of the disputed
18
prescription drug charge, unless that determination is set aside, reversed, or
19
modified by the department under s. 102.425 (4m) (e) or is set aside on judicial
20
review as provided in s. 102.425 (4m) (e).
AB232,24
21
Section
24
.
102.16 (2) (a) of the statutes is amended to read:
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