OAR 436-001-0700: Access to Public Records and Workers’ Compensation Claim Records

(1) Access to public records. Department of Consumer and Business Services rules on Access of Public Records, Fees for Record Search and Copies of Public Records are in OAR 440-005, accessible at https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=2100. (2) Inspection of nonexempt public records. Any person has a right to inspect and obtain copies of nonexempt public records but not to request blind searches for records not known to exist. (3) Access to workers’ compensation claim records. (a) The department’s workers’ compensation claim records are exempt from public disclosure under ORS 192.355. (b) Access to claim records will be granted at the sole discretion of the director, under the following circumstances: (A) When necessary for an insurer, self-insured employer, service company, or their attorney, for the purpose of processing a workers’ compensation claim; (B) When necessary for the director to carry out the director’s duties, functions, or powers; (C) When necessary for a governmental agency of Oregon or the United States to carry out its duties, functions, or powers; (D) When a worker or the worker’s representative requests the worker’s claim record; or (E) When disclosure can be made in a way that the disclosed information cannot be used to identify any worker who is the subject of an Oregon workers’ compensation claim. (4) Requests for claim records. A request to inspect or obtain copies of workers’ compensation claim records may be made in writing, in person, or by phone. Requesters may use the division’s Form 3088, “Request for Workers’ Compensation Claim Records.” (a) Written requests must include: (A) The name, identity, and contact information of the requester; (B) Information identifying the worker or the claim; (C) A description of the records requested; and (D) The signature of the requester certifying the requester meets the criteria in subsection (3)(b) of this rule. (b) In addition to the information required under subsection (a) of this section, requests for claims history made by phone or fax must include, if known: (A) The worker’s Social Security number; and (B) The insurer claim number. (c) A request from the worker’s representative must be accompanied by an attorney retainer agreement or a valid release signed by the worker. (d) A request from a person other than as described in subsection (3)(b) of this rule must include a valid release signed by the worker. (e) The director may require additional information or documentation to ensure records are released in accordance with ORS 192.355 and this rule. (5) Release of claim records to other persons. The director may release workers’ compensation claim records to persons other than those described in (3)(b) of this rule including public or private research organizations. (a) The determination whether to release the information is at the sole discretion of the director. (b) The director may enter into written agreements as necessary to ensure that the recipient of the information uses the information only in accordance with this rule and the agreement with the director to ensure 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. (c) The director may deny or revoke access to workers’ compensation claims records at any time.