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Glossary of WCB Terms

 

Public Access to Workers' Compensation Board
Records 12 NYCRR Part 430


SECTION 430.1 Purpose and scope

  1. It is the responsibility and the intent of the Workers' Compensation Board to comply fully with the provisions of article 6-A of the Public Officers Law (the Personal Privacy Protection Law).
  2. The Workers' Compensation Board shall maintain in its records only such personal information that is relevant and necessary to accomplish a purpose of the Workers' Compensation Board that is required to be accomplished by statute or executive order, or to implement a program specifically authorized by law.
  3. Personal information shall be collected, whenever practicable, directly from the person to whom the information pertains except when collected for the purpose of making quasi-judicial determinations.
  4. The Workers' Compensation Board shall seek to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.
  5. This Part provides information regarding the procedures by which members of the public may assert rights granted by the Personal Privacy Protection Law.

SECTION 430.2 Designation of privacy compliance officer

  1. The Workers' Compensation Board privacy compliance officer is the General Counsel or any attorney designated by the General Counsel in such office or any other employee designated for that specific purpose by the chair.
  2. The address and telephone number of the privacy compliance officer is:

    Office of the General Counsel, Workers' Compensation Board, 180 Livingston Street, Room 621, Brooklyn, NY 11248, Telephone (718) 802-6671.
  3. The privacy compliance officer and/or his/her designee(s) is/are responsible for:
    1. assisting a data subject in identifying and requesting personal information, if necessary;
    2. describing the contents of systems of records, orally or in writing, in order to enable a data subject to learn if a system of records includes a record or personal information identifiable to a data subject requesting such record or personal information;
    3. taking one of the following actions upon locating the record sought:
      1. make the record available for inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;
      2. permit the data subject to copy the record; or
      3. deny access to the record, in whole or in part, and explain in writing the reasons therefor;
    4. making a copy available, upon request, upon payment of or offer to pay established fees, if any, or permitting the data subject to copy the record;
    5. certifying, upon request, that a copy of a record is a true copy; or
    6. certifying, upon request, that:
      1. the Workers' Compensation Board does not have possession of the record sought;
      2. the Workers' Compensation Board cannot locate the record sought after having made a diligent search; or
      3. the information sought cannot be retrieved by use of the description thereof, or by use of the name or other identifier of the data subject without extraordinary search methods being employed by the Workers' Compensation Board.

SECTION 430.3 Proof of identity

  1. When a request is made in person, or when records are made available in person following a request made by mail, the Workers' Compensation Board may require appropriate identification that confirms that the record sought pertains to the data subject.
  2. When a request is made by mail the Workers' Compensation Board may require verification of a signature or inclusion of an identifier generally known only by a data subject, or similar appropriate identification.
  3. Proof of identity shall not be required regarding a request for a record accessible to the public pursuant to article 6 of the Public Officers Law.

SECTION 430.4 Location

  1. Records shall be made available at the main office of the Workers' Compensation Board, which is located at:

    180 Livingston Street, Brooklyn, NY 11248
  2. Whenever practicable, records shall be made available at a district office most convenient to a data subject. The district offices are located at:
    1. 100 Broadway Menands, Albany, NY 12241;
    2. 113 State Street, Binghamton, NY 13901;
    3. State Office Building, 125 Main Street, Buffalo, NY 14203;
    4. 155 Main Street West, Rochester, NY 14614;
    5. State Office Building, Syracuse, NY 13202; and
    6. 175 Fulton Avenue, Hempstead, NY 11550.

SECTION 430.5 Hours for public inspection and copying

The Workers' Compensation Board shall accept requests for records and produce records during regular business hours, which are 8:30 a.m. to 4:45 p.m.

SECTION 430.6 Requests for records

  1. All requests shall be made in writing, except that the Workers' Compensation Board may make records available upon an oral request made in person after the applicant has demonstrated proof of identity.
  2. All requests shall be made in writing, except that the Workers' Compensation Board may make records available upon an oral request made in person after the applicant has demonstrated proof of identity.
  3. A request shall reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the Workers' Compensation Board in locating the record sought.
  4. Requests based upon categories of information described in a notice of a system of records or a privacy impact statement shall be deemed to reasonably describe the record sought.
  5. Within five business days of the receipt of a request, the Workers' Compensation Board shall provide access to the record, deny access in writing explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not exceed 30 days from the date of the acknowledgment.

SECTION 430.7 Amendment of record

Within 30 business days of a request from a data subject for correction or amendment of a record or personal information that is reasonably described and that pertains to the data subject, the Workers' Compensation Board shall:

  1. make the amendment or correction in whole or in part and inform the data subject that, on request, such correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law; or
  2. inform the data subject in writing of its refusal to correct or amend the record, including the reasons therefor.

SECTION 430.8 Denial of request for record or amendment or correction of record or personal information

  1. Denial of a request for records or amendment or correction of a record or personal information shall:
    1. be in writing, explaining the reasons therefor; and
    2. identify the person to whom an appeal may be directed.
  2. A failure to grant or deny access to records within five business days of the receipt of a request, or within 30 days of the acknowledgment of the receipt of a request, or a failure to respond to a request for amendment or correction of a record within 30 business days of receipt of such a request, shall be construed as a denial that may be appealed.
  3. Any such denial may be appealed to the executive director or the person(s) designated by him/her.
  4. The address and telephone number of the appellate officer is:

    Executive Director, Workers' Compensation Board, 180 Livingston Street, Room 603, Brooklyn, NY 11248, Telephone (718) 802-6700.

SECTION 430.9 Appeal

  1. Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 430.8 of this Part, may, within 30 days of such denial, appeal to the executive director.
  2. The time for deciding an appeal shall commence upon receipt of an appeal that identifies:
    1. the date and location of a request for a record or amendment or correction of a record or personal information;
    2. the record that is the subject of the appeal; and
    3. the name and return address of the applicant.
  3. Within seven business days of an appeal of a denial of access, or within 30 days of an appeal concerning a denial of a request for correction or amendment, the person determining such appeals shall:
    1. provide access to or correct or amend the record or personal information; or
    2. fully explain in writing the factual and statutory reasons for further denial, and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.
  4. If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law.
  5. The Workers' Compensation Board shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part upon receipt, and the determination thereof and the reasons therefor at the time of such determination.

SECTION 430.10 Statement in disagreement by data subject

  1. If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination rendered pursuant to the appeal shall inform the data subject of the right to:
    1. file with the Workers' Compensation Board a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination;
    2. request that such a statement of disagreement be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law.
  2. Upon receipt of a statement of disagreement by a data subject, the Workers' Compensation Board shall;
    1. clearly note any portions of the record that are disputed; and
    2. attach the data subject's statement as part of the record.
  3. When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law, the Workers' Compensation Board may also include a concise statement of its reasons for not making the requested amendment or correction.

SECTION 430.11 Fees

  1. Unless otherwise prescribed by statute, there shall be no fee charged for:
    1. inspection of records;
    2. search for records; or
    3. any certification pursuant to this Part.
  2. Unless otherwise prescribed by statute, copies of records shall be provided:
    1. at no cost or at a rate of up to 25 cents per photocopy up to 9 by 14 inches; or
    2. upon payment of the actual cost of reproduction, if the record or personal information cannot be photocopied.
  3. The actual cost of reproduction shall be based upon the average unit cost for copying a record, excluding fixed costs of the Workers' Compensation Board such as operator salaries and overhead.

SECTION 430.12 Severability

If any provision of this Part or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.