Various changes to the worker's compensation law. (FE)

Uninsured employers fund Under current law, DWD administers an uninsured employers fund (UEF), from which DWD pays benefits to injured employees of employers that are not insured or self-insured against worker's compensation liability as required under the worker's compensation law. Also under current law, the additional solvency protection for UEF applies to claims of more than $1,000,000, and is used to pay claims of more than $1,000,000. If such a claim is not covered by excess or stop-loss reinsurance, worker's compensation insurance carriers are required to reimburse UEF, up to $500,000 per year, until the amount paid out of UEF is fully paid. Under the bill, the amount of a claim for which UEF is used to pay is increased to $2,000,000 or more.

Advance payment for permanent partial disability Under current law, DWD or DHA may direct an advance on a payment of unaccrued compensation for permanent disability or death benefits not more than three payments per calendar year if DWD or DHA determines it is in the best interest of the injured employee or dependents and credits the employer or insurer an interest credit of 5 percent against its liability. Under the bill, an employer or an employer's insurer may make advance payment of unaccrued compensation for permanent partial disability in undisputed cases in the same manner, but without the interest credit to the employer or insurer.

Case closing The bill clarifies some of the duties of DWD and DHA with respect to closing cases for claims of compensation. The bill requires DHA to return to DWD the case file for any case within 30 days after DHA issues an order on the merits of the case, if there is no pending appeal to a court. The bill also clarifies that DWD has exclusive authority to close a case of a claim for compensation. The bill allows DWD to notify the parties when it closes a case of a claim for compensation. The bill requires DWD to forward to DHA the file for a closed case of a claim for compensation if a hearing is required because a claimant has filed a subsequent application for compensation.

Finally, the bill provides the statute of limitations begins to run on the date an order is issued by the division that approves a compromise agreement, and subsequent claims will not be barred except as provided by the applicable statute of limitations.

Advanced practice nurse prescribers Current law provides for the certification of advanced practice nurses by the Board of Nursing to allow advanced practice nurses to prescribe medication, and the worker's compensation law thus refers to “advanced practice nurse prescribers” in lists of treatment providers in various provisions. The bill changes these references to “advanced practice registered nurses.” Making references in the statutes gender neutral The bill makes references to spouses under the worker's compensation law gender-neutral, to harmonize it with the holding of the U.S. Supreme Court in Obergefell v. Hodges , 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognized that same-sex couples have a fundamental constitutional right to marriage.

References to federal law The bill updates references to the federal Rehabilitation Act of 1973 to account for subsequent amendments to the federal act.