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Assembly passes DWD, frivolous lawsuit protection bill

Photo: USA Today Network

By M.D. Kittle

MADISON — The Republican-led Assembly on Tuesday passed a package of measures that begin the work of upgrading the state Department of Workforce Development’s integrated technology system and frees businesses, schools and nonprofits from frivolous COVID lawsuits.

Unanimous passage in the Assembly followed heavy bipartisan supported of the legislation last week in the Senate.

Despite DWD’s myriad failures in processing hundreds of thousands of Unemployment Insurance claims over the better part of the past year, Gov. Tony Evers and his fellow Democrats have blamed all of the problems on Republican lawmakers for not previously allocating the funding to replace the old technology.

But Evers did nothing about the IT system in his first budget and was slow to act last year as tens of thousands of Wisconsinites were forced to wait several weeks and months to receive their unemployment benefits. The bigger problem was a failure of leadership and a lack of adequate staffing to handle the flood of claims — the result of COVID-19 and Evers’ statewide lockdowns and other restrictions that followed.

Evers called a special session (one of many show sessions he’s requested over his first two years in office) to deal with DWD’s tech issues. He sought $5.6 million to cover the cost of consultants. Republican lawmakers said the governor didn’t need a special session, he needed to use the existing tools he had to begin fixing the problems.

“The legislation provides a simple and easy roadmap for the governor to finally move forward at upgrading the unemployment insurance computer systems. There have been many missed opportunities and a lack of urgency by the Evers administration to address many of the issues with the unemployment insurance process during the pandemic,” said Assembly Speaker Robin Vos (R-Rochester). “If Governor Evers needs us in the legislature to require him to do his job, we will.”

Before the governor taps into state funds, the bill demands he use federal COVID-19 relief money to help finance the cost of planning and building a new IT system. He could have done as much last April with a portion of the $2 billion the state received in the first round of federal relief. Evers chose not to prioritize the flawed technology.

Over the course of the pandemic, DWD’s backlog of claims surpassed 700,000. An audit found 38.3 million unanswered phone calls from hurting Wisconsinites, only 1 percent of the calls were answered. Evers was forced to fire his DWD secretary in September after six months of failures.

Assembly Minority Leader Gordon Hintz (D-Oshkosh) told his colleagues on the Assembly floor that Wisconsin’s Unemployment Insurance debacle was a “fake crisis.”

Hintz should tell that to Brittney Gitzlaff, a Menomonee Falls mother of three young children who in mid-October had bee been waiting since March for DWD to pay the unemployment benefits it owed her. At one point, a DWD adjudicator asked her if her 8-year-old daughter could watch her younger siblings so that she could go back to work. Her children’s school went virtual and she needed to take care of them.

Hintz might want to consult with Ronald Letzia. The 70-year-old West Allis man, as of late January, had been waiting eight months for DWD to finish his claim. Letzia, with health complications that forced him out of the workforce during COVID-19, was originally approved by the agency before paperwork glitches and red tape slowed the claims process down to a crawl.

These are just two of the many, many stories of human suffering caused by Evers’ dysfunctional Department of Workforce Development.

The legislation also waives Wisconsin’s one-week waiting period for unemployment benefits. It’s a crucial provision that opens up extended federal funding for jobless Wisconsinites. A Republican coronavirus relief package Evers vetoed earlier this month included the waiver. Evers rejected it because the legislation came with limits on his use of public health emergency declarations.

DWD last week said it had “taken the first step” in drafting an administrative policy that would waive the waiting period, but the agency doesn’t have the authority to do so, according to the nonpartisan Legislative Reference Bureau. Meanwhile, Wisconsin is losing more than $1 million per week in special federal funding without the waiver in place.

Also included in the DWD package is a measure that would protect businesses, schools and governments from COVID-19-related lawsuits. While the protections don’t extend to bad actors that wilfully neglect worker and customer safety, they do prevent what industry experts predict will be a wave of lawsuits from litigation chasers.

“(The bill) would protect businesses, schools, and non-profits that ‘do the right thing’ to safeguard their workers and the public from predatory lawsuits. We support SB 1 and ask Governor Evers to sign it into law,” said Wisconsin Civil Justice Council executive director R.J. Pirlot.

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4 thoughts on “Assembly passes DWD, frivolous lawsuit protection bill

  • After working in the IT industry for over 45 years I can tell you that what they are saying about the old COBOL system is nothing but a crock, all of the information that shows on the Portal is new code written in new languages like HTML, JAVA, C++, Python, SQL, or other high level code. What the DWD needs is someone with experience in IT, I have been a Director, Manager, Analyst, Programmer, Operator, so I have seen and done it all, this is just plain incompetence, they had over a year and a half to fix the problems, now when you call you get the same old script of it’s all caused by the old system, they need to do a quarterly review on cases that have been reviewed and processed and approved. If they can update the Portal in a manner of minutes to wipe out the information, send letters in days of filing, they sure as hell could have an automated system to approve already approved claims by answering questions on the portal. FYI I sent my Resume to the DWD do you think I heard back from them hell no they don’t want to rock the boat and get someone that can fix the problem and bring them up to date with software and people that know what the hell they are doing !!!!!!!

  • Fat chance. Those days are gone. Few, if any, vendors will have all US citizens, although some will be naturalized, on staff. Percentages vary but many of the best software people are from other countries. If you want the very best or near best result, you employ the best. Besides, in today’s world, the all-American team would be a little unrealistic and jingoistic. However if you mean no illegals, I agree.

  • True there was a potential computer problem before Evers but was it DWD or the administrations? If DWD didn’t stay up with times or even try to, the fault lies there. Working in Finance, I told those I worked with, if you don’t tell me there’s a problem, I can’t try to fix it and the blame’s square on you.

    The scamdemic did stretch the system but it apparently was functional in normal times though any system can become overloaded. Personally, $5.6 million for consultants is asinine. You know it’s broken, we’ll tell you that for free. RFP a new system, make vendors show you what they have (for free) and provide references from states that use their systems. Should cut that $90 million guesstimate down to size unless it’s the plan to keep friends and relatives employed.

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