Or. Admin. R. 436-060-0009

Current through Register Vol. 63, No. 9, September 1, 2024

Section 436-060-0009 - Access to Department of Consumer and Business Services Workers' Compensation Claim File Records

(1) General. Under ORS 192.318 and OAR 440-005-0015(1) the director, as custodian of public records, adopts this rule to protect the integrity of claim file records and prevent interference with the regular discharge of the department's duties.

(2) Access to public records. The department rules on Access of Public Records, Fees for Record Search and Copies of Public Records are found in OAR 440-005, accessible at: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_440/440_005.html [File Link Not Available].

(a) The director will provide the first copy of any document to a worker, worker's attorney, insurer of record, or the insurer's legal representatives and service companies without charge.

(b) Additional copies will be provided at the rates set forth in OAR 440-005. Payment of fees for access to records must be made in advance unless the director determines otherwise.

(3) Inspection of nonexempt public records. Any person has a right to inspect and obtain copies of nonexempt public records. The statutory right to "inspect" encompasses a right to examine original records. It does not include a right to request blind searches for records not known to exist.

(4) Inspection of exempt records. Workers' compensation claims records are exempt from public disclosure. Access to workers' compensation claims records will be granted at the sole discretion of the director in accordance with this rule, under the following circumstances:

(a) When necessary for insurers, service companies, and their legal representatives for the sole purpose of processing workers' compensation claims;

(b) When necessary for the director, other governmental agencies of this state or the United States to carry out their duties, functions or powers;

(c) When the disclosure is made in such a manner that the disclosed information cannot be used to identify any worker who is the subject of a claim; or

(d) When a worker or the worker's attorney requests review of the worker's claim record.

(5) Release of records to other persons. The director may release workers' compensation claims records to persons other than those described in section (4) of this rule when the director determines such release is in the public interest and the conditions in ORS 192.355(20) and subsection (4)(c) of this rule have been met, including when workers' compensation claims file information is required by a public or private research organization in order to contact injured workers in order to conduct its research.

(a) The determination whether the request to release workers' compensation claims records meets those conditions is at the sole discretion of the director.

(b) The director may enter into written agreements as necessary to ensure that the recipient of workers' compensation claims records under this section uses or provides the information to others only in accordance with these rules and the agreement with the director, and to ensure the confidentiality of the disclosed records. The director may terminate such agreements at any time the director determines that one or more of the conditions of the agreement have been violated.

(6) Revocation of access to exempt records. The director may deny or revoke access to workers' compensation claims records at any time the director determines such access is no longer in the public interest or is being used in a manner that violates these rules or any law of the State of Oregon or the United States.

(7) Requests for records. A request to inspect or obtain copies of workers' compensation claim records may be made in writing, in person, or by phone.

(a) Written requests must include:

(A) The name, address, telephone number, and email address of the requester;

(B) The reason for requesting the records;

(C) A sufficiently detailed description of the records requested;

(D) The format and number of copies requested; and

(E) The account number of the requester, when applicable.

(b) In addition to the information required in subsection (a), a request made by telephone or facsimile transmission must include:

(A) The worker's Social Security number; and

(B) The insurer claim number.

(c) Except as prescribed in subsections (4)(a) through (d) of this rule, a request to inspect or obtain copies of a worker's claim record must be accompanied by an attorney retainer agreement or release signed by the worker.

(A) The director may refuse to honor any release the director determines is likely to result in disclosed records being used in a manner contrary to these rules.

(B) Upon request, the director will review proposed release forms to determine whether the proposed release is consistent with the law and this rule.

(8) Retention of records. The director will retain or destroy records according to retention schedules published by the Secretary of State, Archives Division.

Or. Admin. R. 436-060-0009

WCD 6-1989, f. 12-22-89, cert. ef. 1-1-90; WCD 7-1994, f. 8-11-94, cert. ef. 8-28-94; WCD 5-1996, f. 2-6-96, cert. ef. 2-12-96; WCD 11-2001, f. 11-30-01, cert. ef. 1-1-02; WCD 2-2004, f. 2-19-04 cert. ef. 2-29-04; WCD 9-2004, f. 10-26-04, cert. ef. 1-1-05; WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06; WCD 5-2008, f. 12-15-08, cert. ef. 1-1-09; WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10; WCD 7-2015, f. 10-12-15, cert. ef. 1/1/2016; WCD 6-2016, f. 11-28-16, cert. ef. 1/1/2017; WCD 2-2018, minor correction filed 02/13/2018, effective 2/13/2018

Statutory/Other Authority: ORS 192.318, 192.355 & 656.726(4)

Statutes/Other Implemented: ORS 192.318 & 192.355