Public records and your claim
Under Oregon
law, the record of your claim filed with the Workers Compensation Division (WCD) is
not open to the public. However, your employers workers compensation insurer
can get information about your past claims when needed to make decisions about your current
claim, but for no other purpose. In addition, government agencies can have the information
when needed to do their work. You and your attorney also have access to that information.
Release of your claims history information for any other reason will require your written
permission.
Appealed claims legal orders
Legal
orders issued by State of Oregon agencies and courts are public information. However, claim
documents and medical reports that the insurer sends to the Workers Compensation Division
are not open to the public and will only be released in limited circumstances:
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When requested by you
or your attorney.
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When you are a party in
litigation and relevant records are subpoenaed.
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When a court orders release
of the records.
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When needed by government
agencies of this state or the United States.
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When the insurer requests
information about your past claims, including relevant medical information, in order
to make decisions about your current claim.
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Release of information
about your claim for any other reason requires your written permission. An employer
may not legally consider your workers compensation history in deciding whether
to hire you.
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