WisconsinAB2322025-2026 Wisconsin Legislature (Biennial Session)HouseWALLET

An Act to repeal 102.01 (2) (ad), 102.15 (1) (b), 102.18 (1) (b) 1t., 227.43 (1) (bm), 227.43 (2) (am), 227.43 (3) (bm) and 227.43 (4) (bm); to amend 40.65 (2) (b) 3., 40.65 (2) (b) 4., 102.01 (2) (dm), 102.04 (2r) (b), 102.07 (8) (c), 102.12, 102.13 (1) (c), 102.13 (1) (d) 2., 102.13 (1) (d) 3., 102.13 (1) (f), 102.13 (2) (a), 102.13 (3), 102.13 (4), 102.13 (5), 102.14 (title), 102.14 (1), 102.14 (2), 102.16 (1m) (a), 102.16 (1m) (b), 102.16 (1m) (c), 102.16 (2) (a), 102.16 (2) (b), 102.16 (2m) (a), 102.16 (2m) (b), 102.16 (4), 102.17 (1) (a) 1., 102.17 (1) (a) 2., 102.17 (1) (a) 3., 102.17 (1) (a) 4., 102.17 (1) (b), 102.17 (1) (c), 102.17 (1) (cg) 1., 102.17 (1) (cg) 2., 102.17 (1) (cg) 2m., 102.17 (1) (cg) 3., 102.17 (1) (cr), 102.17 (1) (ct), 102.17 (1) (d) 2. and 4., 102.17 (1) (e), 102.17 (1) (f) 1., 102.17 (1) (g), 102.17 (1) (h), 102.17 (2), 102.17 (2m), 102.17 (2s), 102.17 (4) (a), 102.17 (7) (b), 102.17 (7) (c), 102.17 (8), 102.175 (2), 102.175 (3) (c), 102.18 (1) (b) 1., 102.18 (1) (b) 1d., 102.18 (1) (b) 2., 102.18 (1) (b) 3., 102.18 (1) (bg) 1., 102.18 (1) (bg) 2., 102.18 (1) (bg) 3., 102.18 (1) (bw), 102.18 (1) (c), 102.18 (1) (e), 102.18 (3), 102.18 (4) (c) 3., 102.18 (4) (d), 102.18 (5), 102.18 (6), 102.195, 102.22 (1), 102.22 (2), 102.23 (2), 102.23 (3), 102.23 (5), 102.24 (2), 102.25 (1), 102.26 (2), 102.26 (3) (b) 1., 102.26 (3) (b) 3., 102.26 (4), 102.27 (2) (b), 102.28 (3) (c), 102.28 (4) (c), 102.29 (1) (b) (intro.), 102.29 (1) (c), 102.29 (1) (d), 102.30 (7) (a), 102.32 (1m) (intro.), 102.32 (1m) (a), 102.32 (1m) (c), 102.32 (1m) (d), 102.32 (5), 102.32 (6m) (a), 102.32 (7), 102.33 (1), 102.33 (2) (a), 102.33 (2) (b) (intro.), 102.33 (2) (b) 1., 102.33 (2) (b) 2., 102.33 (2) (b) 4., 102.33 (2) (c), 102.33 (2) (d) 2., 102.35 (3), 102.42 (1m), 102.42 (6), 102.42 (8), 102.425 (4m) (a), 102.425 (4m) (b), 102.43 (5) (b), 102.44 (2), 102.44 (6) (b), 102.475 (6), 102.48 (1), 102.48 (2), 102.48 (3), 102.49 (3), 102.49 (6), 102.51 (3), 102.51 (4), 102.51 (6), 102.55 (3), 102.555 (12) (a), 102.56 (1), 102.56 (2), 102.565 (1), 102.565 (2), 102.565 (3), 102.61 (1g) (c), 102.61 (2), 102.62, 102.64 (1), 102.64 (2), 102.65 (3), 102.66 (1) and 102.75 (1); to repeal and recreate 102.16 (1) and 102.18 (2) of the statutes; Relating to: transferring adjudicatory functions for worker’s compensation from the Division of Hearings and Appeals in the Department of Administration to the Department of Workforce Development. (FE)

Sponsored By: David Armstrong (Republican), Barbara Dittrich (Republican), Clint Moses (Republican), David Murphy (Republican), Christine Sinicki (Democratic), Shae Sortwell (Republican)

Became Law

Hearings and AppealsDivision ofWorker's compensationWorkforce DevelopmentDepartment of

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Bill Overview

Analyzed Economic Effects

17 provisions identified: 7 benefits, 3 costs, 7 mixed.

Stronger right to a job after injury

Beginning January 1, 2026, if your employer refuses without good cause to rehire you after a work injury when suitable work exists, they must pay your lost wages, up to one year’s pay. If you get a notice that you qualify for vocational rehab, you must give your employer your permanent work limits. The employer has 60 days to offer a suitable job, say none exists, or give opposing medical proof. If not resolved, either side can ask for a hearing. After the agency decides your limits, the employer has 30 days to act.

Updated death benefits for families

Beginning January 1, 2026, weekly death payments equal two thirds of the worker’s weekly pay unless the agency orders otherwise. In some cases, the total benefit must be at least two times the worker’s average yearly pay or four times last year’s support, but not over the sole‑dependency amount. A non‑estranged parent (or parents) who got under $500 in support last year gets a $6,500 lump sum. The agency can split benefits among a spouse or partner and children, cap the spouse’s share at four times average yearly pay, and pay a child’s benefit to either parent. A child who dies while benefits are payable gets up to $1,500 in burial costs. Who counts as a dependent is fixed on the worker’s date of death, and a posthumous child counts as of that date.

Lifelong benefits for total disability; training limit

Beginning January 1, 2026, if you are permanently totally disabled, you receive weekly payments for the rest of your life. Certain injuries automatically qualify, such as loss of use of both eyes, both arms near the shoulder, both legs near the hip, or one arm at the shoulder and one leg at the hip. Time spent in approved instruction counts as temporary disability, but if disability exists only because of instruction, payments stop after 80 weeks unless the agency approves more training after review. The agency can also reopen an award if your job ends due to your limits or your pay drops by 15% or more, and can recalculate benefits for lost earning capacity.

Changes to permanent injury and disfigurement pay

Beginning January 1, 2026, listed injuries that leave a permanent disability but do not sever the body part are paid by the percent of disability the agency finds. If you are permanently disfigured and may lose wages, you can get a one‑time award up to your average yearly pay. If you return to the same employer, or are offered the same or higher pay, you cannot get disfigurement pay unless you actually lose wages because of the disfigurement.

Toxic exposure exams and pay

Beginning January 1, 2026, if toxic exposure is claimed, the agency can order a doctor exam and the applicant must pay for it. Each side gets the results and has 10 days to reply, and the agency decides if you should stay in the job. If a work exposure forces you to stop working and you lose wages, the agency can award up to $13,000. If you refuse a directed exam or block it, you lose compensation under this rule.

Treatment choices can change your benefits

Beginning January 1, 2026, if you take an invasive treatment that is medically acceptable but unnecessary, and you did so in good faith, your employer must pay disability caused by that treatment. But you can lose death or disability benefits if you unreasonably refuse or ignore competent, reasonable medical, surgical, or dental care. For tuberculosis, refusing needed hospital or medical care stops benefits during the refusal. An exception exists if you chose Christian Science treatment.

No collection from workers in drug disputes

Starting January 1, 2026, if your employer or their insurer disputes a prescription drug bill, they must notify the pharmacist or practitioner in writing within 30 days of a completed bill. After that notice, the provider cannot bill you or sue you for the disputed amount. The department handles these disputes about whether the outpatient drug charge is reasonable.

Help for old time-barred claims

Beginning January 1, 2026, if a good claim is blocked only by the time limit and the injury date is before April 1, 2006, the supplemental fund can pay compensation and medical bills based on that old date. These payments add to any group or federal benefits and are not limited by group death benefits.

Annual assessments on insurers and exempt employers

Starting January 1, 2026, the department bills each workers’ comp insurer and each employer exempt from insurance for their share of program administration costs. The bill is based on each one’s share of indemnity paid in cases first closed in the prior calendar year, excluding increased, double, or treble compensation. This creates a recurring cost that may affect premiums or employer expenses.

Hearings move to labor department

Beginning January 1, 2026, the labor department handles all workers’ comp disputes. It uses attorney examiners as judges, can order prehearing conferences, and can issue subpoenas. Non‑lawyer representatives must be licensed and give an SSN or FEIN; licenses can be denied or revoked for fraud or certain unpaid debts. After an order with no court review, the division must return the file to the department within 30 days for closure. The term “order” now includes any decision or direction by the agency. The labor department can also hire the administration department to process certain claims, but any settlement can be reviewed. Some old subsections are repealed.

State labor agency decides medical bills

The agency decides if medical fees are reasonable and if treatment was necessary, and can deny payment for unreasonable or unnecessary care. A provider cannot file a dispute under $25 until treatment ends. Decisions can be written into awards, and the agency can order payment for future needed care. If nonpayment was not in good faith, penalties up to 25% can be added. Employers and the agency do not owe for hearing tests, treatment, or hearing aids unless occupational deafness is found compensable. The agency also decides if outpatient prescription charges are reasonable and can deny excessive prices.

Who pays: employer or insurer

Beginning January 1, 2026, in certain cases the employer is primarily responsible to pay and the insurer is second. You must try to collect from the employer first. If the employer is bankrupt or out of business, the insurer can be made to pay. The agency can also order one insurer or self‑insured employer to reimburse another when someone paid more than they owed.

Public employee claims now at labor department

Beginning January 1, 2026, appeals of duty‑disability benefit decisions go to the labor department and use workers’ comp hearing rules. When an award is made for a state employee, the state’s risk management office must promptly issue payment from the proper account and notify the employing agency.

Stronger privacy for workers' comp records

The law keeps your name, medical details, disability, and benefit amounts out of public view. You or an authorized lawyer can get your records. Employers or insurers in the same claim can get needed records, and courts can order release. Approved researchers and government units can get data under strict rules.

Workers’ comp cases move to Workforce Development

Beginning January 1, 2026, workers’ compensation hearings and staff move from the Division of Hearings and Appeals to the Department of Workforce Development. Existing rules, orders, and pending cases carry over and stay in effect until changed. The law also removes outdated hearing provisions to match this move. The department or division must issue findings and an order within 90 days after the final hearing and record close.

Proof required for family dependency benefits

Starting January 1, 2026, the agency may require proof of birth, marriage, domestic partnership, relationship, or dependency before paying certain dependent benefits. Be ready to provide documents if you claim benefits for family members.

State lawyers handle cases; fund pays costs

Beginning January 1, 2026, when the Department of Administration asks, the Department of Justice represents the state in workers’ compensation cases about payments into or out of the state treasury. DOJ may settle amounts, but those settlements are subject to agency review and must treat children’s shares proportionally when a spouse’s claim is settled. When DOJ prosecutes or defends claims involving the Work Injury Supplemental Benefit Fund, certain costs like expert witness fees (not attorney fees or travel) are paid from that fund.

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Sponsors & Cosponsors

Sponsors

  • David Armstrong

    Republican • House

  • Barbara Dittrich

    Republican • House

  • Clint Moses

    Republican • House

  • David Murphy

    Republican • House

  • Christine Sinicki

    Democratic • House

  • Shae Sortwell

    Republican • House

Cosponsors

  • Dan Feyen

    Republican • Senate

  • Vincent Miresse

    Democratic • House

  • Jerry O'Connor

    Republican • House

  • Melissa Ratcliff

    Democratic • Senate

  • Patrick Testin

    Republican • Senate

  • Jamie Wall

    Democratic • Senate

  • Van Wanggaard

    Republican • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Published 8-9-2025

    8/11/2025House
  2. Report approved by the Governor on 8-8-2025. 2025 Wisconsin Act 33

    8/11/2025House
  3. Presented to the Governor on 8-7-2025

    8/7/2025House
  4. Report correctly enrolled on 6-20-2025

    6/20/2025House
  5. Received from Senate concurred in

    6/19/2025House
  6. Ordered immediately messaged

    6/18/2025Senate
  7. Read a third time and concurred in

    6/18/2025Senate
  8. Rules suspended to give bill its third reading

    6/18/2025Senate
  9. Ordered to a third reading

    6/18/2025Senate
  10. Read a second time

    6/18/2025Senate
  11. Rules suspended and taken up

    6/18/2025Senate
  12. Received from Assembly

    6/18/2025Senate
  13. Ordered immediately messaged

    6/18/2025House
  14. Representative Miresse added as a coauthor

    6/18/2025House
  15. Read a third time and passed

    6/18/2025House
  16. Rules suspended

    6/18/2025House
  17. Ordered to a third reading

    6/18/2025House
  18. Read a second time

    6/18/2025House
  19. Senator Ratcliff added as a cosponsor

    6/18/2025House
  20. Representative O'Connor added as a coauthor

    6/17/2025House
  21. Withdrawn from committee on Rules and referred to calendar of 6-18-2025

    6/16/2025House
  22. Referred to committee on Rules

    6/12/2025House
  23. Report passage recommended by Committee on Workforce Development, Labor, and Integrated Employment, Ayes 9, Noes 0

    6/12/2025House
  24. Executive action taken

    6/12/2025House
  25. Public hearing held

    5/28/2025House

Bill Text

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