Aslakson v. Gallagher Bassett Services, Inc.

¶ 94. {dissenting). In 1989 the legislature created the Uninsured Employer Fund *125(UEF) and the framework within which the Department of Workforce Development (DWD) administers it.1 1989 Wis. Act 64. At the time, Wis. Stat. § 102.18(1) (bp) (1987-88) had been the law of the state for almost a decade. When creating the UEF the legislature chose not to amend § 102.18(l)(bp) to include DWD and its agents as parties that could be penalized for their bad faith. In the subsequent eight legislative sessions, the legislature has also chosen not to make such an amendment.

¶ 95. Based on the legislature's…