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Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

11.01.240 Department Forms and Records; Public Access

(a) The Band shall print and furnish free to any employer or employee such blank forms as it shall deem requisite to facilitate efficient administration of this chapter; it shall keep such record books or records as it shall deem required for the proper and efficient administration of this chapter.

(b)(1) Except as provided in par. (b), the records of the Band related to the administration of this chapter are subject to inspection and copying.

(2) Notwithstanding par. (a), a record maintained by the Band that reveals the identity of an employee who claims worker's compensation benefits, the nature of the employee's claimed injury, the employee's past or present medical condition, the extent of the employee's disability, the amount, type or duration of benefits paid to the employee or any financial information provided to the Band is confidential and not open to public inspection or copying. The Band may deny a request made or refuse to honor a subpoena issued by an attorney of record in a civil or criminal action or special proceeding to inspect and copy a record that is confidential under this paragraph, unless one of the following applies:

(A) 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 Tribal Council for use pursuant to this chapter.

(B) The record that is requested contains confidential information concerning a

worker's compensation claim and the requester is the Band or an insurance carrier or is a party to any worker's compensation claim involving the same employee or an attorney or authorized agent of that insurance carrier or Band, except that the Band 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 Band in finding the record requested. An attorney or authorized agent of 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 Band.

(C) A court of competent jurisdiction orders the Band to release the record.

(D) The requester is the subunit of the department that administers child and spousal support or a county child support agency under Wis. Stat. 559.53(5), the request is made under Wis. Stat. 549.22(2m) and the request is limited to the name and address of the employee who is the subject of the record, the name and address of the employee's employer and any financial information about that employee contained in the record.

(E) The federal or state department of revenue requests the record for the purpose of locating a person, or the assets of a person, who has failed to file tax returns, who has under reported taxable income or who is a delinquent taxpayer; identifying fraudulent tax returns; or providing information for tax-related prosecutions.

(c) TREATMENT REJECTED BY EMPLOYEE. Unless the employee shall have

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 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 an independent medical doctor 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 a medical doctor to be necessary in the case of tuberculosis shall be barred, irrespective of whether disability was aggravated, caused or continued thereby.