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Until
November 1993, Oregon law gave the public unlimited access to
information contained in an estimated 675,000 workers' compensation
claims. Based on concerns that this type of information was
being used inappropriately to screen job applicants, Oregon
Revised Statute 192.502 was amended. Unlimited access to these
records, either by individual businesses or national subscription
services, was discontinued.
The
statute now generally restricts public access to the state's
workers' compensation claim records except for parties with
a direct interest, such as insurers, self-insured employers,
government agencies, and injured workers or their representatives.
Alleged bias against injured workers accounted for nearly one-fourth
of the job discrimination claims filed by Oregonians with the
Bureau of Labor and Industries. Discriminatory use of the names
violates the state's civil rights code and the Americans with
Disabilities Act.
Oregon law now helps eliminate discrimination against job applicants
who have filed workers' compensation claims.
Following is the text of the pertinent law.
ORS
192.502 Other exempt records. The following public records
are exempt from disclosure under ORS 192.410 to 192.505:
(18) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and Business
Services, in any of the following circumstances:
(a) When necessary
for insurers, self-insured employers and third party claim administrators to process
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.
(d) When a worker or the worker's representative requests review of the worker's
claim record.
In addition, the director
may exercise her/his sole discretion to authorize release of workers'
compensation records to persons other than those described above when such a release
would be in the public interest, as provided by administrative rule.
Rule
reference:
OAR 436-060-0009
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