SB21,1153,10 102.33 (2) (b) 1. The requester is the employee who is the subject of the record or an attorney or authorized agent of that employee. An attorney or authorized agent of an employee who is the subject of a record shall provide a written authorization for inspection and copying from the employee if requested by the department or the commission, the office, or the division.

SB21,2920 Section 2920. 102.33 (2) (b) 2. of the statutes is amended to read:

SB21,1153,24 102.33 (2) (b) 2. The record that is requested contains confidential information concerning a worker's compensation claim and the requester is an insurance carrier or employer that is a party to any worker's compensation claim involving the same employee or an attorney or authorized agent of that insurance carrier or employer, except that the department or the commission, the office, or the division is not required to do a random search of its records and may require the requester to provide the approximate date of the injury and any other relevant information that would assist the department or the commission, the office, or the division in finding the record requested. An attorney or authorized agent of an insurance carrier or employer that is a party to an employee's worker's compensation claim shall provide a written authorization for inspection and copying from the insurance carrier or employer if requested by the department or the commission, the office, or the division.

SB21,2921 Section 2921. 102.33 (2) (b) 3. of the statutes is amended to read:

SB21,1154,8 102.33 (2) (b) 3. The record that is requested contains financial information provided by a self-insured employer or by an applicant for exemption under s. 102.28 (2) (b) and the requester is the self-insured employer or applicant for exemption or an attorney or authorized agent of the self-insured employer or applicant for exemption. An attorney or authorized agent of the self-insured employer or of the applicant for exemption shall provide a written authorization for inspection and copying from the self-insured employer or applicant for exemption if requested by the department office.

SB21,2922 Section 2922. 102.33 (2) (b) 4. of the statutes is amended to read:

SB21,1154,11 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the department or the commission, the office, or the division to release the record.

SB21,2923 Section 2923. 102.33 (2) (c) of the statutes is amended to read:

SB21,1154,18 102.33 (2) (c) A record maintained by the department or the commission, the office, or the division that contains employer or insurer information obtained from the Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is confidential and not open to public inspection or copying under s. 19.35 (1) unless the Wisconsin compensation rating bureau authorizes public inspection or copying of that information.

SB21,2924 Section 2924. 102.33 (2) (d) 2. of the statutes is amended to read:

SB21,1155,11 102.33 (2) (d) 2. The department or the commission, the office, or the division may release information that is confidential under par. (b) to a government unit, an institution of higher education, or a nonprofit research organization for purposes of research and may release information that is confidential under par. (c) to those persons for that purpose if the Wisconsin compensation rating bureau authorizes that release. A government unit, institution of higher education, or nonprofit research organization may not permit inspection or disclosure of any information released to it under this subdivision that is confidential under par. (b) unless the department or commission, the office, or the division authorizes that inspection or disclosure and may not permit inspection or disclosure of any information released to it under this subdivision that is confidential under par. (c) unless the department or commission, the office, or the division, and the Wisconsin compensation rating bureau, authorize the inspection or disclosure. A government unit, institution of higher education, or nonprofit research organization that obtains any confidential information under this subdivision for purposes of research shall provide the results of that research free of charge to the person that released or authorized the release of that information.

SB21,2925 Section 2925. 102.35 (1) of the statutes is amended to read:

SB21,1156,2 102.35 (1) Every employer and every insurance company that fails to keep the records or to make the reports required by this chapter or that knowingly falsifies such those records or makes false reports shall pay a work injury supplemental benefit surcharge to the state of not less than $10 nor more than $100 for each offense. The department office may waive or reduce a surcharge imposed under this subsection if the employer or insurance company that violated this subsection requests a waiver or reduction of the surcharge within 45 days after the date on which notice of the surcharge is mailed to the employer or insurance company and shows that the violation was due to mistake or an absence of information. A surcharge imposed under this subsection is due within 30 days after the date on which notice of the surcharge is mailed to the employer or insurance company. Interest shall accrue on amounts that are not paid when due at the rate of 1 percent per month. All surcharges and interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

SB21,2926 Section 2926. 102.35 (2) of the statutes is amended to read:

SB21,1156,11 102.35 (2) Any employer, or duly authorized agent thereof of an employer, who, without reasonable cause, refuses to rehire an employee injured in the course of employment, or who, because of a claim or attempt to claim compensation benefits from such that employer, discriminates or threatens to discriminate against an employee as to the employee's employment, shall forfeit to the state not less than $50 nor more than $500 be subject to a forfeiture under s. 601.64 (3) (c) for each offense. No action under this subsection may be commenced except upon request of the department office.

SB21,2927 Section 2927. 102.35 (3) of the statutes is amended to read:

SB21,1156,22 102.35 (3) Any employer who without reasonable cause refuses to rehire an employee who is injured in the course of employment, where when suitable employment is available within the employee's physical and mental limitations, upon order of the department and in addition to other benefits division, has exclusive liability to pay to the employee, in addition to other benefits, the wages lost during the period of such that refusal, not exceeding one year's wages. In determining the availability of suitable employment, the continuance in business of the employer shall be considered and any written rules promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall govern.

SB21,2928 Section 2928. 102.37 of the statutes is amended to read:

SB21,1157,8 102.37 Employers' records. Every employer of 3 or more persons and every employer who is subject to this chapter shall keep a record of all accidents causing death or disability of any employee while performing services growing out of and incidental to the employment. This That record shall give the name, address, age, and wages of the deceased or injured employee, the time and causes of the accident, the nature and extent of the injury, and any other information the department office may require by rule or general order. Reports based upon this that record shall be furnished to the department office at such times and in such manner as the department office may require by rule or general order, in a format approved by the department office.

SB21,2929 Section 2929. 102.38 of the statutes is amended to read:

SB21,1157,16 102.38 Records and reports of payments. Every insurance company that transacts the business of compensation insurance, and every employer who is subject to this chapter, but whose liability is not insured, shall keep a record of all payments made under this chapter and of the time and manner of making the payments and shall furnish reports based upon these records and any other information to the department office as the department office may require by rule or general order, in a format approved by the department office.

SB21,2930 Section 2930. 102.39 of the statutes is amended to read:

SB21,1157,23 102.39 Rules and general orders; application of statutes. The provisions of s. 103.005 relating to the adoption, publication, modification, and court review of rules or general orders of the department shall of workforce development apply to all rules promulgated or general orders adopted by the office under this chapter in the same manner as those provisions apply to rules promulgated or general orders adopted by the department of workforce development.

SB21,2931 Section 2931. 102.40 of the statutes is amended to read:

SB21,1158,4 102.40 Reports not evidence in actions. Reports furnished to the department pursuant to office under ss. 102.37 and 102.38 shall not be are not admissible as evidence in any action or proceeding arising out of the death or accident reported.

SB21,2932 Section 2932. 102.42 (1m) of the statutes is amended to read:

SB21,1158,15 102.42 (1m) Liability for unnecessary treatment. If an employee who has sustained a compensable injury undertakes in good faith invasive treatment that is generally medically acceptable, but that is unnecessary, the employer shall pay disability indemnity for all disability incurred as a result of that treatment. An employer is not liable for disability indemnity for any disability incurred as a result of any unnecessary treatment undertaken in good faith that is noninvasive or not medically acceptable. This subsection applies to all findings that an employee has sustained a compensable injury, whether the finding results from a hearing, the default of a party, or a compromise or stipulation confirmed by the department division.

SB21,2933 Section 2933. 102.42 (6) of the statutes is amended to read:

SB21,1159,3 102.42 (6) Treatment rejected by employee. Unless the employee shall have has elected Christian Science treatment in lieu of medical, surgical, dental, or hospital treatment, no compensation shall be payable for the death or disability of an employee, if the death be is caused, or insofar as the disability may be aggravated, caused, or continued, by an unreasonable refusal or neglect to submit to or follow any competent and reasonable medical, surgical, or dental treatment or, in the case of tuberculosis, by refusal or neglect to submit to or follow hospital or medical treatment when found by the department division to be necessary. The right to compensation accruing during a period of refusal or neglect to submit to or follow hospital or medical treatment when found by the department division to be necessary in the case of tuberculosis shall be barred, irrespective of whether disability was aggravated, caused, or continued thereby by that refusal or neglect.