Section R20-5-131. Maintenance of Carrier and Self-insured Employer Claims Files; Contents; Inspection and Copying; Exchange of Medical Reports; Authorization to Obtain Medical Records

A.      A carrier and self-insured employer shall maintain a workers’ compensation claims file for each claimant. A carrier and self- insured employer shall include in a workers’ compensation claims file all employer’s reports, medical and hospital reports, awards, orders, notices of claims status, wage data, and all other items affecting the claim required by law to be maintained by a carrier or self-insured employer.

B.       Subject to subsection (C), all parties, authorized representa- tives of parties, and authorized representatives of the Commis- sion may inspect and copy items contained in a carrier’s or self-insured employer’s claims file within five days from the date the item is filed in the claims file.

C.      If a carrier or self-insured employer maintains a claims file at an out-of-state claims office, the carrier or self-insured employer shall make the claims file available for copying and inspection to the persons listed in subsection (B) within 10 days after receiving a request for the file at a location in Ari- zona designated by the carrier or self-insured employer.

D.      A carrier or self-insured employer shall furnish copies of a claims file within 10 days after receiving a request from any party, authorized representative of a party, and authorized rep- resentative of the Commission at a charge not to exceed $.25 per page. A carrier or self-insured employer may require pre- payment of the copying charges if the requester or authorized representative has an account with the carrier or self-insured employer that is more than 30 days overdue.

E.       A carrier or self-insured employer is not required to maintain in a claims file, or produce for inspection and copying:

1.        Documents or matters representing the work product of the carrier or self-insured employer;

2.        Documents or matters representing the work product of a carrier’s or self-insured’s attorney; or

3.        Investigation and rehabilitation reports.

F.       All medical records concerning a claimant’s mental or physi- cal condition that are in a party’s possession shall be furnished, upon request, to another party in the same Commission pro- ceeding.

G.      Within 10 days of a request, a claimant shall provide to a party in a Commission proceeding involving the claimant, a release of information authorizing any attending, treating, or examin- ing physician to provide records described in A.R.S. § 23- 908(C).

Historical Note

Former Rule 31. Amended effective March 1, 1987, filed

February 26, 1987 (Supp. 87-1). R20-5-131 recodified from R4-13-131 (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).