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Compensation Advisory Council
Council on Worker’s Compensation
November 29, 2007
Members present: Mr. Beiriger, Mr. Brand, Ms.
Huntley-Cooper, Mr. Kent, Mr. Redman, Mr. Shaver, Ms. Vetter, and Mr. Nettum
(for Mr. Schimke)
Excused: Ms. Bean, Mr. Buchen, Mr. Furley, Mr. Newby, Mr.
Olson, Mr. Scott
Mr. Conway, Mr.
O’Malley, Ms. Knutson, Mr. Aiello and Mr. Krueger
- 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 November 20, 2007 meeting were
approved without correction.
- Draft Legislative Proposal Review:
Mr. O’Malley reported that Mr. Tom Dettmer
had recommended changes to the bill draft on page 32 lines 12-16, regarding
professional employer organizations, deleting a paragraph that amends sec.
102.315(9)(c). The PEO Committee did not recommend the current bill draft
language, rather the drafter simply included the amendment. The WCAC agreed
to the deletion of the paragraph from the bill draft.
Mr. Beiringer indicated that Management was withdrawing its proposal to
amend sections 102.17(4) and 102.66 relating to payment of medical expenses
for barred traumatic claims. Labor agreed to these changes in the bill
With regard to the effective date for the proposed change in occupational
hearing loss cases, Management indicated it was their intent that the
statutory change in benefits be effective for any claims made after the
effective date of the statute. Labor expressed concerns that the language
suggested by Management would result in an unconstitutional retroactive
application of a benefit change.
In response to a request from Labor, Mr. O’Malley explained there are no
cases on point and the court cases have gone either way. Mr. O’Malley
discussed the law change in the 1991 agreed bill that eliminated
compensation for tinnitus (i.e. ringing in the ears) in occupational hearing
loss cases. The change was effective for dates of injury beginning January
1, 1992. Mr. O’Malley noted that the total disability rate increased
significantly in 1992 compared to the 1991 rate.
After further discussion and review of current statutory language in Chap.
102, the WCAC did not come to an agreement on the language change
eliminating payment of medical expenses in hearing loss claims when no
disability is due. The WCAC will discuss the remaining issues further,
including the overall content of the agreed bill, at a future meeting.
Adjournment: Discussion on all agenda items concluded and
the meeting was adjourned at approximately 12:30 p.m.
Future meeting date to be determined.
Future meeting date – tentatively November 29, 2007 at 10:00 a.m., location
to be determined.