Section R20-5-108. Confidentiality of a Commission Claims File; Reproduction and Inspection of a Commission Claims File

A.      Except as provided in this Section, a claims file maintained by the Commission is private and confidential and the Commis- sion shall not make the claims file available for inspection and copying. For purposes of this Section, “claims file” means the official record maintained by the Commission for a claimant’s industrial injury including the worker’s report of injury, employer’s report of injury, worker and physician’s report of injury, and all other reports, records, instruments, videotapes, audiotapes, transcripts, and other matters scanned or otherwise placed into the file.

B.       Except as provided in subsections (D) and (E), the Commis- sion shall make a Commission claims file relating to a current or prior claim of a claimant available for inspection and copy- ing by any party to any proceeding currently or previously before the Commission involving the same claimant.

C.      Except as provided in subsections (D) and (E), the Commis- sion shall not make a Commission claims file available to a non-party for inspection and copying unless the Commission receives a court order or written authorization signed by the affected claimant or the affected claimant’s authorized repre- sentative.

D.      The Commission shall make a transcript contained in a Com- mission claims file available for inspection and copying if:

1.        The person requesting to inspect and copy the transcript is a person authorized under subsections (B) or (C); and

2.        The transcript concerns a hearing related to a claim that is not in litigation.

E.       The Commission shall make a transcript contained in a Com- mission claims file available only for inspection if:

1.        The person requesting to inspect and copy the transcript is a person authorized under subsections (B) or (C); and

2.        The transcript concerns a hearing related to a claim cur- rently in litigation.

F.       The Commission shall provide copies at a charge of $.25 per page.

G.      A Commission claims file shall not be removed from a Com- mission office unless in the custody of an authorized represen- tative of the Commission.

Historical Note

Former Rule 8. Amended effective March 1, 1987, filed

February 26, 1987 (Supp. 87-1). Amended effective

August 28, 1992 (Supp. 92-3). R20-5-108 recodified from R4-13-108 (Supp. 95-1). Amended by final rulemaking at 7 A.A.R. 3966 and 7 A.A.R. 4995, effec-

tive August 17, 2001 (Supp. 01-3).