Amendments to the Worker's Compensation Act Plain Language Summary 2025 Wisconsin Act 145 Effective Date: April 1, 2026

• Permanent Partial Disability: The maximum weekly permanent partial disability (PPD) benefit rate is increased to $454 for injuries occurring on and after April 1, 2026, and to $462 for injuries occurring on and after January 1, 2027. s. 102.11 (1)
• WC Fraud: The presentation of false or fraudulent applications for worker's compensation insurance coverage and insurance applications that falsely or fraudulently misclassify employees to lower insurance premiums will be added as criminally punishable insurance fraud under ss. 102.125 & 943.395 (1) (e)
• Restricted Bank Account: Eliminate the requirement for any amount of proceeds of a compromise settlement payable to an injured employee to be deposited into a restricted bank account. s. 102.16 (1) (e)
• Hearing Applications: The Department will only accept hearing applications when there is a justiciable controversy. s. 102.17 (1) (a) 1m.
• Dismissal of Application When No Disputed Issues: The Department will dismiss without prejudice a pending application for hearing when there are no disputed issues for which the parties to the claim are seeking a determination. s. 102.17 (1) (a) 5.
• Advanced Practice Registered Nurses & Physician Assistants: Authorize advanced practice registered nurses (APRN) and physician assistants (PA) to give opinions on cause and extent of disability. s. 102.17 (1) (d) 1.
• Audiologists: Authorize audiologists to give opinions on diagnosis, necessity of treatment, cause, and extent of disability for hearing loss cases. s. 102.17 (1) (d) 1.
• DVR Records: Allow the admission of DVR records into evidence at hearings without requiring the presence of a DVR counselor at a hearing to authenticate the records similar to the admissibility of reports of industrial safety specialists. s. 102.17 (1) (i)
• Statute of Limitations: The statute of limitations in worker's compensation cases is tolled when a hearing application is pending. The statute of limitations shall not be extended by filing a hearing application. The statute of limitations shall continue to run on the date an order is issued approving a compromise or dismissing an application without prejudice. s. 102.17 (4) (a) 1. and 2.
• Retroactive Applicability: Section 102.17 (1) (a) 5., as to dismissing applications when there is no dispute, s. 102.17 (4) (a) and 2., as to the statute of limitations, s. 102.18 (1) (a), as to dismissing claims, and s. 102.18 (1) (b) 1d., as to case closure requirements, shall apply regardless of the date of injury. 2025 Wisconsin Act 145, Sections 52 (1) and 54 (1)
• Barred Traumatic Injury: Shoulder replacements and reverse shoulder replacements will be included as additional serious traumatic injuries for which there is no statute of limitations. s. 102.17 (4) (b)
• PTSD Coverage: Provide the same worker's compensation coverage for post-traumatic stress disorder (PTSD) to all emergency medical responders, emergency medical service practitioners, and firefighters regardless of their level of employment or volunteer status that was provided to law enforcement officers and full-time firefighters in 2021 Wisconsin Act 29. s. 102.17 (9)
• Dismissal of Applications After Compromise Settlements: Orders approving compromise settlements shall include dismissal of the pending hearing application in the claim subject to the compromise. This applies to all orders issued after the effective date of the amendment, regardless of the injury date. Cases shall be closed when compromise agreements are approved. s. 102.18 (1) (a) & 2025 Wisconsin Act 145, Section 54 (1)
• Assignment of Benefits: Correct an error for a cross-referenced statute s. 767.75 (1f). s. 102.27 (2)
• Advance Payment of Compensation: Consideration paid for a compromise agreement shall not be an advance payment of compensation. s. 102.32 (6m)
• Case Management Personnel: In cases of inpatient hospitalization health care providers shall not restrict the employer's or insurer's case management personnel from access to records and involvement in care and discharge planning when required to ensure that an injured employee with disability has appropriate housing and transportation. Employers and case management personnel shall have no authority to direct care. s. 102.42 (10)
• Supplemental Benefits: Supplemental benefit rates will be increased on the effective date based on a maximum weekly rate of benefits in effect for the year 2020 and additional employees will be eligible to receive supplemental benefits who had injury dates before January 1, 2020. Supplemental benefit rates will be increased on an annual basis on each January 1. Injured employees who receive compensation for permanent total disability (PTD) from the Second Injury Fund will also be eligible to receive supplemental benefits. The maximum weekly rate was $1,051 for injuries occuring in the year 2020. ss.102.44 (1) (ag) & 102.59 (4).
• Reimbursement for Supplemental Benefits: Worker's compensation insurance carriers will be required to send requests to claim supplemental benefit reimbursement to the WCD through electronic means required by the Department. The WCD will require requests to be submitted through the updated Insurer Portal. s. 102.44 (1) (c) 1m.
• PPD Stacking: Prohibit "stacking" of permanent partial disability (PPD) for the same surgical procedure to the limb a second or subsequent time based on the minimum ratings in s. DWD 80.32 of the Wisconsin Administrative Code. PPD ratings will be based on actual ratings as assessed by medical experts. s. 102.44 (4o)
• Expenses for UEF Insurance Service Organization: Expenses for the UEF to retain an insurance service organization (TPA) will be transferred from the WCD's operations fund to the UEF. s. 102.81 (2)
• UEF Assessments: Assessments will be increased for employers who repeatedly continue business operations without having the required worker's compensation insurance coverage. s. 102.82 (2)
• The assessment for first and second violations will remain at the greater of two (2) times the insurance premium or $750
• The assessment for the third violation will be the greater of three (3) times the insurance premium or $3,000
• The assessment for the fourth and subsequent violations will be the greater of four (4) times the insurance premium or $4,000
• UEF Forfeitures: Forfeitures will be increased for employers who repeatedly violate s. 102.16 (3) or continue business operations without the required worker's compensation insurance coverage. s. 102.85 (1)
• The forfeiture for the first violation will be the greater of $1,000 or the amount of insurance premium
• The forfeiture for the second violation will be the greater of $2,000 or two (2) times the amount of insurance premium
• The forfeiture for the third violation will be the greater of $3,000 or three (3) times the amount of insurance premium
• The forfeiture for the fourth or subsequent violation will be the greater of $4,000 or four (4) times the amount of insurance premium
• Forfeiture for False Information by Employers About WC Insurance Coverage: Employers are not permitted to give false information about WC insurance coverage to employees, the department, or any other person who contracts with the employer. Employers cannot fail to notify a person who contracts with the employer that insurance coverage has been cancelled. s. 102.85 (2)
• The forfeiture for a violation will be not less than $100 or more than $1,000
• The forfeiture for a third violation will be $3,000
• The forfeiture for a fourth violation will be $4,000
• Appropriations: Section 20.445 (1) (sm) was amended to allow the transfer of expenses for an insurance service organization (TPA) from the worker's compensation operations fund to the UEF. Also, the dollar amount for the WCD's appropriation is increased for each year of this biennium. 2025 Wis. Act 144, effective April 1, 2026