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H. B. No. 249 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Heard, Letson
Cosponsors:
Representatives Lundy, Boyd, Hagan, Goyal, Murray
A BILL
To amend section 4123.88 of the Revised Code to
clarify the method by which journalists may
request Bureau of Workers' Compensation records
for multiple claimants, add to the definition of
"journalist," and allow a person to solicit
authority from a claimant or employer to represent
the claimant or employer in any claim or appeal
filed with the Bureau.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4123.88 of the Revised Code be
amended to read as follows:
Sec. 4123.88. (A) No person shall orally or in writing,
directly or indirectly, or through any agent or other person
fraudulently hold the person's self out or represent the person's
self or any of the person's partners or associates as authorized
by a
claimant or employer to
take charge of, or represent the
claimant or employer in respect
of, any claim or matter in
connection therewith before the bureau
of workers' compensation or
the industrial commission or its
district or staff hearing
officers. No person shall directly or indirectly
solicit
authority, or pay or give anything of value to another person to
solicit authority, or accept or receive pay or anything of value
from another person for soliciting authority, from a claimant or
employer to take charge of, or represent the claimant or employer
in respect of, any claim or appeal which is or may be filed with
the bureau or commission. No person shall, without prior
authority
from the bureau, a member of the commission, the
claimant, or the
employer, examine or directly or indirectly
cause or employ
another person to examine any claim file or any
other file
pertaining thereto. No person shall forge an
authorization for the
purpose of examining or cause another
person to examine any such
file. No district or staff hearing
officer or other employee of
the bureau or commission,
notwithstanding the provisions of
section 4123.27 of the Revised
Code, shall divulge any information
in respect of any claim or
appeal which is or may be filed with a
district or staff hearing
officer, the bureau, or commission to
any person other than
members of the commission or to the superior
of the employee
except upon authorization of the administrator of
workers'
compensation or a member of the commission or upon
authorization
of the claimant or employer.
(B) The records described or referred to in division (A) of
this section are not public records as defined in division (A)(1)
of section 149.43 of the Revised Code. Any information directly or
indirectly identifying the address or telephone number of a
claimant, regardless of whether the claimant's claim is active or
closed, is not a public record. No person shall solicit or obtain
any such information from any such employee without first having
obtained an authorization therefor as provided in this section.
(C) Except as otherwise specified in division (D) of this
section, information kept by the commission or the bureau pursuant
to this section is for the exclusive use and information of the
commission and the bureau in the discharge of their official
duties, and shall not be open to the public nor be used in any
court in any action or proceeding pending therein, unless the
commission or the bureau is a party to the action or proceeding.
The information, however, may be tabulated and published by the
commission or the bureau in statistical form for the use and
information of other state agencies and the public.
(D)(1) Upon receiving a written request made and signed by an
individual whose primary occupation is as a journalist, the
commission or the bureau shall disclose to the
individual the
address or addresses and telephone number or
numbers of
claimants, regardless of whether their claims are
active or
closed, and the dependents of those claimants. Consistent with
division (B)(9) of section 149.43 of the Revised Code, a
"journalist" means a person engaged in, connected with, or
employed by any news medium including a newspaper, magazine, press
association, trade and business association newsletters, news
agency or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the general public.
(2) An individual described in division (D)(1)
of this
section is permitted to request the information described
in that
division for any lists of multiple workers or
dependents in one
written
request.
(3) An individual described in division (D)(1)
of this
section shall include all of the following in the written
request:
(a) The individual's name, title, and signature;
(b) The name and title of the individual's
employer;
(c) A statement that the disclosure of the information sought
is in the public interest.
(4) Neither the commission nor the bureau may inquire as to
the specific public interest served by the disclosure of
information requested by an individual under division
(D) of this
section.
(E) As used in this section, "journalist" has the same
meaning as in division (B)(9) of section 149.43 of the Revised
Code.
Section 2. That existing section 4123.88 of the Revised Code
is hereby repealed.
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