- 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. All requests made to the Workers' Compensation Court for information on prior 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 Administrator. 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 Workers' Compensation Court claim files. All request forms shall be maintained by the Administrator 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. This subsection shall not apply to requests 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.
- C. The Administrator shall develop recommendations for legislation and rules governing electronic and telephonic inquiries about information in workers' compensation claims files. The recommendations shall be submitted to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate no later than February 1, 2001.
Laws 1986, c. 222, § 29, eff. November 1, 1986; Amended by Laws 2000, SB 1414, c. 248, § 8, eff. May 26, 2000.