July 19, 2010
The Board is introducing a revised form (OC-110AORD) to request access to individual workers' compensation claim information when one is not a party of interest. The form can be submitted electronically, by mail, or in person.
In order to protect the privacy of injured workers, Workers' Compensation Law §110-a limits access to information contained in each individual workers' compensation file to the following authorized individuals or entities:
- the claimant,
- an attorney or licensed representative who has been retained by the claimant and filed Form OC-400, Notice of Retainer/Substitution and Appearance,
- the employer and its agents acting within the scope of their duties in evaluating, processing or settling the claim, and
- the insurance carrier and its agents acting within the scope of their duties in evaluating, processing or settling the claim.
Individuals or entities not identified above can obtain access to a claimant's file by doing one of the following:
- Secure written permission from the claimant on Form OC-110A, Claimant's Authorization to Disclose Workers' Compensation Records, or on a notarized original authorization from the claimant specifically directing the Board to release workers' compensation records to that specific person or entity.
- Sign a Section 110-A Affirmation/Affidavit (Form OC-110A.1) at a hearing site, if immediate access is needed for a scheduled hearing. (Attorneys and licensed representatives only.)
- Secure an order from a court of competent jurisdiction or a "So Ordered" subpoena from a court, a law enforcement agency, or an administrative agency (i.e. the Workers' Compensation Board), and submit it to the Board.
Revised Form OC-110AORD
Revised Board Form OC-110AORD is the Judicial Order issued by a WC Law Judge granting access to case files to individuals/entities not otherwise considered parties in interest.
Previously, individuals or entities seeking a Board Judicial Order for access to case files could only submit Form OC-110AORD in person at a Board office or Service Center. In order to facilitate submission of these requests, Form OC-110AORD (7-10) has been revised to allow filing by mail, email or fax, as well as in person. Submission by mail, email or fax allows the requestor to gain quicker read-only access to case folders with no need for an appearance at the Board. Requestors who file OC-110AORD in this way will receive a notice from the Board when they have been placed on notice.
If the application is granted, the requestor can access the electronic case folder online using eCase without ever having to appear at the Board. The eCase application allows registered users to view case information, party of interest contact information, and documents related to the case. This information is read-only and does not allow users to make any changes to it.
Copies of revised Form OC-110AORD can be downloaded from the Board's website, www.wcb.ny.gov, or can be obtained in person at any Board office. Information on eCase, including an application to become a registered user, may be obtained here: http://www.wcb.ny.gov/content/ebiz/ecase/ecase_overview.jsp.
Robert E. Beloten