Okla. Stat. tit. 85A, § 85A-120
This is the official text of Okla. Stat. tit. 85A, § 85A-120, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Inquiry about compensation claims
Official statutory text
A. Except as otherwise provided by state or federal law and
subject to the provisions of this section, an employer may inquire
about previous workers' compensation claims paid to an employee
while the employee was employed by a previous employer. If the
employee fails to answer truthfully about any previous permanent
partial disability awards made pursuant to workers' compensation
claims, the employee shall be subject to discharge by the employer.
B. 1. All requests made to the Workers' Compensation
Commission for information on workers' compensation claims involving
a worker, including written inquiries about prior claims and
requests to access a worker's compensation claim file, must be in
writing, on a form prescribed by the Commission, and accompanied by
a fee of One Dollar ($1.00) per search request, not to exceed One
Dollar ($1.00) per claims record of a particular worker. The fee
shall be deposited to the credit of the Workers' Compensation
Commission Revolving Fund. The form shall require identification of
the person requesting the information, and the person for whom a
search is being made if different from the requester. The form must
contain an affidavit signed by the requester under penalty of
perjury that the information sought is not requested for a purpose
in violation of state or federal law. The form must be used by all
repositories of archived Court claim files. All request forms shall
be maintained by the Commission as a public record, together with a
record of a worker's written authorization permitting a search
indexed by the worker's Social Security number as required by
Section 3113 of Title 74 of the Oklahoma Statutes. The request
forms and authorizations shall be indexed alphabetically by the last
name of the worker.
2. This subsection shall not apply:
a. to requests for claims information made by a public
officer or by a public employee in the performance of
his or her duties on behalf of a governmental entity
or as may be allowed by law,
b. to requests for claims information made by an insurer,
self-insured employer, third-party claims
administrator, or a legal representative thereof, when
necessary to process or defend a workers' compensation
claim,
c. when a worker or the worker's representative requests
review of the worker's claims information,
d. when the disclosure is made for educational or
research purposes and in such a manner that the
disclosed information cannot be used to identify any
worker who is the subject of a claim,
e. to requests for claims information made by a health
care or rehabilitation provider or the provider's
Oklahoma Statutes - Title 85A. Workers' Compensation Page 132
legal representative when necessary to process payment
of health care or rehabilitation services rendered to
a worker, and
f. to requests for claims information made by an employer
or personnel service company, including but not
limited to an individual or entity, where the worker
executes a written authorization permitting the search
and designating the employer or personnel service
company as the worker's representative for that
purpose; however, nothing in this subparagraph shall
relieve the employer or personnel service company from
complying with the requirements of utilizing the form
set forth in paragraph 1 of this subsection.
subject to the provisions of this section, an employer may inquire
about previous workers' compensation claims paid to an employee
while the employee was employed by a previous employer. If the
employee fails to answer truthfully about any previous permanent
partial disability awards made pursuant to workers' compensation
claims, the employee shall be subject to discharge by the employer.
B. 1. All requests made to the Workers' Compensation
Commission for information on workers' compensation claims involving
a worker, including written inquiries about prior claims and
requests to access a worker's compensation claim file, must be in
writing, on a form prescribed by the Commission, and accompanied by
a fee of One Dollar ($1.00) per search request, not to exceed One
Dollar ($1.00) per claims record of a particular worker. The fee
shall be deposited to the credit of the Workers' Compensation
Commission Revolving Fund. The form shall require identification of
the person requesting the information, and the person for whom a
search is being made if different from the requester. The form must
contain an affidavit signed by the requester under penalty of
perjury that the information sought is not requested for a purpose
in violation of state or federal law. The form must be used by all
repositories of archived Court claim files. All request forms shall
be maintained by the Commission as a public record, together with a
record of a worker's written authorization permitting a search
indexed by the worker's Social Security number as required by
Section 3113 of Title 74 of the Oklahoma Statutes. The request
forms and authorizations shall be indexed alphabetically by the last
name of the worker.
2. This subsection shall not apply:
a. to requests for claims information made by a public
officer or by a public employee in the performance of
his or her duties on behalf of a governmental entity
or as may be allowed by law,
b. to requests for claims information made by an insurer,
self-insured employer, third-party claims
administrator, or a legal representative thereof, when
necessary to process or defend a workers' compensation
claim,
c. when a worker or the worker's representative requests
review of the worker's claims information,
d. when the disclosure is made for educational or
research purposes and in such a manner that the
disclosed information cannot be used to identify any
worker who is the subject of a claim,
e. to requests for claims information made by a health
care or rehabilitation provider or the provider's
Oklahoma Statutes - Title 85A. Workers' Compensation Page 132
legal representative when necessary to process payment
of health care or rehabilitation services rendered to
a worker, and
f. to requests for claims information made by an employer
or personnel service company, including but not
limited to an individual or entity, where the worker
executes a written authorization permitting the search
and designating the employer or personnel service
company as the worker's representative for that
purpose; however, nothing in this subparagraph shall
relieve the employer or personnel service company from
complying with the requirements of utilizing the form
set forth in paragraph 1 of this subsection.
Status: in_force · Read it on the official government site
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