MADISON – Gov. Tony Evers Friday signed Assembly Bill 1073, now 2023 Wisconsin Act 213. The act makes several improvements to Wisconsin's worker's compensation system as recommended by the Worker's Compensation Advisory Council (WCAC).
"For decades, this council has advised state government on how to best support and strengthen the state's worker's compensation system, and we thank the council for its contributions," Department of Workforce Development (DWD) Secretary Amy Pechacek said. "The collaborative agreed-upon bill process keeps our worker's compensation system a national model of stability and effectiveness. In addition to recognizing the council, we thank Gov. Evers for signing this bill into law."
The bill received the unanimous approval of labor and management members of the council before being sent to the legislature for passage and then to Gov. Evers for his review.
"I would like to recognize members of the advisory council from both management and labor for the hard work and dedication it took to formulate and present this proposal," said Stephanie Bloomingdale, WCAC caucus co-chair and president of the Wisconsin State AFL-CIO. "Together, we advanced legislation to protect injured workers and safeguard Wisconsin’s respected Worker’s Compensation Act."
"This legislation reflects good-faith negotiations between representatives of employers and employees in which both sides made substantial compromises," said Rachel Ver Velde, WCAC caucus co-chair and associate vice president of government relations at Wisconsin Manufacturers & Commerce. "The final product makes well-conceived and incremental changes to the system which has been the hallmark of Wisconsin's approach to policymaking in the worker's compensation system."
2023 Wisconsin Act 213 includes language to:
- Increase the permanent partial disability weekly rate by $8 for injuries occurring in 2024, on and after the effective date from $430 to $438, and by an additional $8 to $446 for injuries occurring on and after Jan. 1, 2025.
- Allow lump sum payments for permanent partial disability for unaccrued compensation to be paid voluntarily in advance in undisputed claims with no 5% interest credit.
- Incorporate gender neutral language relating to marriage in Wis. Stats. 102.51(1)(a).
- Clarify duties between DWD's Worker's Compensation (WC) Division and the Department of Administration's (DOA) Division of Hearings and Appeals (DHA) with respect to closing cases.
- Provide that the statute limitations begins to run on the date an order is issued by DHA that approves a compromise agreement, and that subsequent claims will not be time-barred except by the applicable statute of limitations.
- Correct citations to mirror federal rehabilitation law.
- Increase the amount of large Uninsured Employer Fund (UEF) claims that require reimbursement from worker's compensation insurance carriers from $1 million to $2 million.
About the Worker's Compensation Advisory Council
A citizen advisory council has existed since 1911 to assist DWD and the Wisconsin Legislature in amending the Wisconsin Worker's Compensation Act. The Wisconsin Worker's Compensation Advisory Council was created by Chapter 327 Laws of 1967 (effective Feb. 18, 1968) to advise the Department and Legislature on policy matters concerning the development and administration of the worker's compensation law. The council strives to maintain the overall stability of the workers compensation system without regard to partisan changes in the legislative or executive branches of government.
One of the main functions of the council is to recommend worker's compensation law changes to the Legislature through the "agreed bill" process. The process begins with the council holding public hearings throughout the state where testimony is taken from all interested sources. Council members agree to support the council's proposed changes in the Legislature and not to individually seek any changes to those proposals. Likewise, the council members traditionally agree not to support any worker's compensation law changes which have not gone through the "agreed bill" process. By tradition the council only recommends statutory changes that pass without dissent. When the Legislature approves the council's recommendations and forwards the bill to the governor, the bill traditionally is signed into law.
The statutes prescribe the council's membership as follows:
- Five employee representatives (voting members).
- Five employer representatives (voting members).
- Three insurer representatives (non-voting members).
- One department representative (traditionally serves as chair).
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