SB673,52,1715 102.33 (2) (a) Except as provided in pars. (b) and (c), the records of the
16department, the division, and the commission, related to the administration of this
17chapter are subject to inspection and copying under s. 19.35 (1).
SB673,122 18Section 122. 102.33 (2) (b) (intro.) of the statutes is amended to read:
SB673,53,619 102.33 (2) (b) (intro.) Except as provided in this paragraph and par. (d), a record
20maintained by the department, the division, or the commission that reveals the
21identity of an employee who claims worker's compensation benefits, the nature of the
22employee's claimed injury, the employee's past or present medical condition, the
23extent of the employee's disability, or the amount, type, or duration of benefits paid
24to the employee and a record maintained by the department that reveals any
25financial information provided to the department by a self-insured employer or by

1an applicant for exemption under s. 102.28 (2) (b) are confidential and not open to
2public inspection or copying under s. 19.35 (1). The department , the division, or the
3commission may deny a request made under s. 19.35 (1) or, subject to s. 102.17 (2m)
4and (2s), refuse to honor a subpoena issued by an attorney of record in a civil or
5criminal action or special proceeding to inspect and copy a record that is confidential
6under this paragraph, unless one of the following applies:
SB673,123 7Section 123. 102.33 (2) (b) 1. of the statutes is amended to read:
SB673,53,128 102.33 (2) (b) 1. The requester is the employee who is the subject of the record
9or an attorney or authorized agent of that employee. An attorney or authorized agent
10of an employee who is the subject of a record shall provide a written authorization
11for inspection and copying from the employee if requested by the department, the
12division,
or the commission.
SB673,124 13Section 124. 102.33 (2) (b) 2. of the statutes is amended to read:
SB673,53,2514 102.33 (2) (b) 2. The record that is requested contains confidential information
15concerning a worker's compensation claim and the requester is an insurance carrier
16or employer that is a party to any worker's compensation claim involving the same
17employee or an attorney or authorized agent of that insurance carrier or employer,
18except that the department, the division, or the commission is not required to do a
19random search of its records and may require the requester to provide the
20approximate date of the injury and any other relevant information that would assist
21the department, the division, or the commission in finding the record requested. An
22attorney or authorized agent of an insurance carrier or employer that is a party to
23an employee's worker's compensation claim shall provide a written authorization for
24inspection and copying from the insurance carrier or employer if requested by the
25department, the division, or the commission.
SB673,125
1Section 125. 102.33 (2) (b) 4. of the statutes is amended to read:
SB673,54,32 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the
3department, the division, or the commission to release the record.
SB673,126 4Section 126 . 102.33 (2) (b) 7. of the statutes is created to read:
SB673,54,105 102.33 (2) (b) 7. The requester is the department of health services, a county
6department of social services under s. 46.215 or 46.22, or a county department of
7human services under s. 46.23, and the request is limited to the name and address
8of the employee who is the subject of the record, the name and address of the
9employee's employer, and any financial information about that employee contained
10in the record.
SB673,127 11Section 127. 102.33 (2) (c) of the statutes is amended to read:
SB673,54,1712 102.33 (2) (c) A record maintained by the department , the division, or the
13commission that contains employer or insurer information obtained from the
14Wisconsin compensation rating bureau under s. 102.31 (8) or 626.32 (1) (a) is
15confidential and not open to public inspection or copying under s. 19.35 (1) unless the
16Wisconsin compensation rating bureau authorizes public inspection or copying of
17that information.
SB673,128 18Section 128. 102.33 (2) (d) 2. of the statutes is amended to read:
SB673,55,919 102.33 (2) (d) 2. The department, the division, or the commission may release
20information that is confidential under par. (b) to a government unit, an institution
21of higher education, or a nonprofit research organization for purposes of research and
22may release information that is confidential under par. (c) to those persons for that
23purpose if the Wisconsin compensation rating bureau authorizes that release. A
24government unit, institution of higher education, or nonprofit research organization
25may not permit inspection or disclosure of any information released to it under this

1subdivision that is confidential under par. (b) unless the department, the division,
2or the commission authorizes that inspection or disclosure and may not permit
3inspection or disclosure of any information released to it under this subdivision that
4is confidential under par. (c) unless the department, the division, or the commission,
5and the Wisconsin compensation rating bureau, authorize the inspection or
6disclosure. A government unit, institution of higher education, or nonprofit research
7organization that obtains any confidential information under this subdivision for
8purposes of research shall provide the results of that research free of charge to the
9person that released or authorized the release of that information.
SB673,129 10Section 129. 102.35 (3) of the statutes is amended to read:
SB673,55,1911 102.35 (3) Any employer who without reasonable cause refuses to rehire an
12employee who is injured in the course of employment, when suitable employment is
13available within the employee's physical and mental limitations, upon order of the
14department or the division, has exclusive liability to pay to the employee, in addition
15to other benefits, the wages lost during the period of such refusal, not exceeding one
16year's wages. In determining the availability of suitable employment the
17continuance in business of the employer shall be considered and any written rules
18promulgated by the employer with respect to seniority or the provisions of any
19collective bargaining agreement with respect to seniority shall govern.
SB673,130 20Section 130. 102.42 (1) of the statutes is amended to read:
SB673,56,1721 102.42 (1) Treatment of employee. The Subject to the limitations under sub.
22(1p), the
employer shall supply such medical, surgical, chiropractic, psychological,
23podiatric, dental, and hospital treatment, medicines, medical and surgical supplies,
24crutches, artificial members, appliances, and training in the use of artificial
25members and appliances, or, at the option of the employee, Christian Science

1treatment in lieu of medical treatment, medicines, and medical supplies, as may be
2reasonably required to cure and relieve from the effects of the injury, and to attain
3efficient use of artificial members and appliances, and in case of the employer's
4neglect or refusal seasonably to do so, or in emergency until it is practicable for the
5employee to give notice of injury, the employer shall be liable for the reasonable
6expense incurred by or on behalf of the employee in providing such treatment,
7medicines, supplies, and training. When the employer has knowledge of the injury
8and the necessity for treatment, the employer's failure to tender the necessary
9treatment, medicines, supplies, and training constitutes such neglect or refusal. The
10employer shall also be liable for reasonable expense incurred by the employee for
11necessary treatment to cure and relieve the employee from the effects of occupational
12disease prior to the time that the employee knew or should have known the nature
13of his or her disability and its relation to employment, and as to such treatment subs.
14(2) and (3) shall not apply. The obligation to furnish such treatment and appliances
15shall continue as required to prevent further deterioration in the condition of the
16employee or to maintain the existing status of such condition whether or not healing
17is completed.
SB673,131 18Section 131. 102.42 (1m) of the statutes is amended to read:
SB673,57,319 102.42 (1m) Liability for unnecessary treatment. If an employee who has
20sustained a compensable injury undertakes in good faith invasive treatment that is
21generally medically acceptable, but that is unnecessary, the employer shall pay
22disability indemnity for all disability incurred as a result of that treatment. An
23employer is not liable for disability indemnity for any disability incurred as a result
24of any unnecessary treatment undertaken in good faith that is noninvasive or not
25medically acceptable. This subsection applies to all findings that an employee has

1sustained a compensable injury, whether the finding results from a hearing, the
2default of a party, or a compromise or stipulation confirmed by the department or the
3division
.
SB673,132 4Section 132. 102.42 (1p) of the statutes is created to read:
SB673,57,85 102.42 (1p) Liability for treatment of certain mental injuries. The employer
6of an employee whose injury is a mental injury that is compensable under s. 102.17
7(9) is liable for the employee's treatment of the mental injury for no more than 32
8weeks after the injury is first reported.
SB673,133 9Section 133. 102.42 (6) of the statutes is amended to read:
SB673,57,2110 102.42 (6) Treatment rejected by employee. Unless the employee has elected
11Christian Science treatment in lieu of medical, surgical, dental, or hospital
12treatment, no compensation shall be payable for the death or disability of an
13employee, if the death is caused, or insofar as the disability may be aggravated,
14caused, or continued by an unreasonable refusal or neglect to submit to or follow any
15competent and reasonable medical, surgical, or dental treatment or, in the case of
16tuberculosis, by refusal or neglect to submit to or follow hospital or medical
17treatment when found by the department or the division to be necessary. The right
18to compensation accruing during a period of refusal or neglect to submit to or follow
19hospital or medical treatment when found by the department or the division to be
20necessary in the case of tuberculosis shall be barred, irrespective of whether
21disability was aggravated, caused, or continued by that refusal or neglect.
SB673,134 22Section 134. 102.42 (8) of the statutes is amended to read:
SB673,58,523 102.42 (8) Award to state employee. Whenever the department or the division
24makes an award on behalf of a state employee, the department or the division shall
25file duplicate copies of the award with the subunit of the department of

1administration responsible for risk management. Upon receipt of the copies of the
2award, the department of administration shall promptly issue a voucher in payment
3of the award from the proper appropriation under s. 20.865 (1) (fm), (kr) or (ur), and
4shall transmit one copy of the voucher and the award to the officer, department, or
5agency by whom the affected employee is employed.
SB673,135 6Section 135. 102.425 (4m) (a) of the statutes is amended to read:
SB673,58,127 102.425 (4m) (a) The department has jurisdiction under this subsection, the
8department and the division have jurisdiction under s.
and ss. 102.16 (1m) (c), and
9the division has jurisdiction under s. 102.17 to resolve a dispute between a
10pharmacist or practitioner and an employer or insurer over the reasonableness of the
11amount charged for a prescription drug dispensed under sub. (2) for outpatient use
12by an injured employee who claims benefits under this chapter.