S-1714.1 _______________________________________________
SENATE BILL 6015
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State of Washington 54th Legislature 1995 Regular Session
By Senator Palmer
Read first time 02/23/95. Referred to Committee on Labor, Commerce & Trade.
AN ACT Relating to confidentiality and privilege regarding industrial insurance claim files and records; and amending RCW 51.28.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 51.28.070 and 1990 c 209 s 2 are each amended to read as follows:
Information contained in the claim files and records of injured workers, under the provisions of this title, shall be deemed confidential and shall not be open to public inspection (other than to public employees in the performance of their official duties), but representatives of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant. However, ninety days after filing an action for personal injury or wrongful death, the claimant shall be deemed to waive any confidentiality or privilege granted under this section. A claimant may review his or her claim file if the director determines, pursuant to criteria adopted by rule, that the review is in the claimant's interest. Employers or their duly authorized representatives may review any files of their own injured workers in connection with any pending claims. Physicians treating or examining workers claiming benefits under this title, or physicians giving medical advice to the department regarding any claim may, at the discretion of the department, inspect the claim files and records of injured workers, and other persons may make such inspection, at the department's discretion, when such persons are rendering assistance to the department at any stage of the proceedings on any matter pertaining to the administration of this title.
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