S-4091               _______________________________________________

                                                   SENATE BILL NO. 6618

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Anderson and Matson

Read first time 1/19/90 and referred to Committee on  Economic Development & Labor.

AN ACT Relating to workers' compensation claim files; and amending RCW 51.28.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 51.28.070, chapter 23, Laws of 1961 as last amended by section 36, chapter 350, Laws of 1977 ex. sess. and RCW 51.28.070 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)). A claimant or representative of a claimant whether an individual or organization may, upon presentation of a signed authorization and release completed by the claimant, review the medical and vocational reports contained in his or her claim file.  For purposes of this section, psychiatric and psychological information shall not be considered medical reports.  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 or self-insurer regarding any claim may, at the  discretion of the department or self-insurer, inspect the claim files and records of injured workers, and other persons may make such inspection, at the ((departments)) discretion of the department or self-insurer, 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.