Section 102.43 shall be subject to the following limitations:
(1)
(ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability, including an employee receiving compensation for permanent and total disability under s. 102.59 (1), more than 24 months after the date of injury resulting from an injury that occurred prior to January 1, 2020, shall receive supplemental benefits that shall be payable by the employer or the employer’s insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department out of the fund created under s. 102.65. Those supplemental benefits shall be paid only for weeks of disability occurring after April 1, 2026, and shall continue during the period of such total disability subsequent to that date as follows: 1. If the employee is receiving the maximum weekly benefits that were in effect at the time of the injury, as determined under s. 102.11 (1), the supplemental benefit for a week of disability shall be an amount that, when added to the regular benefit, equals the maximum weekly benefits that were in effect during 2020. Annually thereafter, on each January 1, the supplemental benefit rate shall be increased to an amount that, when added to the regular benefit, equals the maximum weekly benefits that were in effect during the next succeeding year. 2. If the employee is receiving a weekly benefit that is less than the maximum benefit that was in effect on the date of the injury, as determined under s. 102.11 (1), the supplemental benefit for a week of disability shall be an amount sufficient to bring the total weekly benefits to the same proportion of the maximum weekly benefits that were in effect during 2020 as the employee’s weekly benefit bears to the maximum in effect on the date of injury. Annually thereafter, on each January 1, the supplemental benefit rate shall be increased to an amount sufficient to bring the total weekly benefits to the same proportion of the maximum weekly benefits that were in effect during the next succeeding year as the employee’s weekly benefit bears to the maximum in effect on the date of injury.
(c) 1. An insurance carrier paying the supplemental benefits required under this subsection shall be entitled to reimbursement for each such case from the worker’s compensation operations fund, commencing one year after the date of the first payment of those benefits and annually thereafter while those payments continue. 1m. To receive reimbursement under this paragraph, an insurance carrier must file a claim for that reimbursement with the department by no later than 12 months after the end of the year in which the supplemental benefits were paid and the claim must be approved by the department. The insurance carrier shall file a claim under this subdivision using electronic, magnetic, or other reporting media that is required by the department. 2. After the expiration of the deadline for filing a claim under subd. 1. [subd. 1m.], the department shall determine the total amount of all claims filed by that deadline and shall use that total to determine the amount to be collected under s. 102.75 (1g) from each licensed worker’s compensation insurance carrier, deposited in the worker’s compensation operations fund, and used to provide reimbursement to insurance carriers paying supplemental benefits under this subsection. Subject to subd. 3., the department shall pay a claim for reimbursement approved by the department by no later than 16 months after the end of the year in which the claim was received by the department.