Bill Text: OH HB249 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2009-07-07 - To Civil & Commercial Law [HB249 Detail]

Download: Ohio-2009-HB249-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 249


Representatives Heard, Letson 

Cosponsors: Representatives Lundy, Boyd, Hagan, Goyal, Murray 



A BILL
To amend section 4123.88 of the Revised Code to 1
clarify the method by which journalists may 2
request Bureau of Workers' Compensation records 3
for multiple claimants, add to the definition of 4
"journalist," and allow a person to solicit 5
authority from a claimant or employer to represent 6
the claimant or employer in any claim or appeal 7
filed with the Bureau. 8


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4123.88 of the Revised Code be 9
amended to read as follows:10

       Sec. 4123.88.  (A) No person shall orally or in writing,11
directly or indirectly, or through any agent or other person12
fraudulently hold the person's self out or represent the person's13
self or any of the person's partners or associates as authorized 14
by a claimant or employer to take charge of, or represent the 15
claimant or employer in respect of, any claim or matter in 16
connection therewith before the bureau of workers' compensation or 17
the industrial commission or its district or staff hearing 18
officers. No person shall directly or indirectly solicit19
authority, or pay or give anything of value to another person to20
solicit authority, or accept or receive pay or anything of value21
from another person for soliciting authority, from a claimant or22
employer to take charge of, or represent the claimant or employer23
in respect of, any claim or appeal which is or may be filed with24
the bureau or commission. No person shall, without prior authority 25
from the bureau, a member of the commission, the claimant, or the 26
employer, examine or directly or indirectly cause or employ 27
another person to examine any claim file or any other file 28
pertaining thereto. No person shall forge an authorization for the 29
purpose of examining or cause another person to examine any such 30
file. No district or staff hearing officer or other employee of 31
the bureau or commission, notwithstanding the provisions of 32
section 4123.27 of the Revised Code, shall divulge any information 33
in respect of any claim or appeal which is or may be filed with a 34
district or staff hearing officer, the bureau, or commission to 35
any person other than members of the commission or to the superior 36
of the employee except upon authorization of the administrator of 37
workers' compensation or a member of the commission or upon 38
authorization of the claimant or employer.39

       (B) The records described or referred to in division (A) of 40
this section are not public records as defined in division (A)(1) 41
of section 149.43 of the Revised Code. Any information directly or 42
indirectly identifying the address or telephone number of a 43
claimant, regardless of whether the claimant's claim is active or 44
closed, is not a public record. No person shall solicit or obtain45
any such information from any such employee without first having46
obtained an authorization therefor as provided in this section.47

       (C) Except as otherwise specified in division (D) of this 48
section, information kept by the commission or the bureau pursuant 49
to this section is for the exclusive use and information of the 50
commission and the bureau in the discharge of their official 51
duties, and shall not be open to the public nor be used in any 52
court in any action or proceeding pending therein, unless the 53
commission or the bureau is a party to the action or proceeding. 54
The information, however, may be tabulated and published by the 55
commission or the bureau in statistical form for the use and 56
information of other state agencies and the public.57

       (D)(1) Upon receiving a written request made and signed by an 58
individual whose primary occupation is as a journalist, the 59
commission or the bureau shall disclose to the individual the 60
address or addresses and telephone number or numbers of 61
claimants, regardless of whether their claims are active or 62
closed, and the dependents of those claimants. Consistent with 63
division (B)(9) of section 149.43 of the Revised Code, a 64
"journalist" means a person engaged in, connected with, or 65
employed by any news medium including a newspaper, magazine, press 66
association, trade and business association newsletters, news 67
agency or wire service, a radio or television station, or a 68
similar medium, for the purpose of gathering, processing, 69
transmitting, compiling, editing, or disseminating information for 70
the general public.71

       (2) An individual described in division (D)(1) of this 72
section is permitted to request the information described in that 73
division for any lists of multiple workers or dependents in one 74
written request.75

       (3) An individual described in division (D)(1) of this 76
section shall include all of the following in the written 77
request:78

       (a) The individual's name, title, and signature;79

       (b) The name and title of the individual's employer;80

       (c) A statement that the disclosure of the information sought 81
is in the public interest.82

       (4) Neither the commission nor the bureau may inquire as to 83
the specific public interest served by the disclosure of 84
information requested by an individual under division (D) of this 85
section.86

       (E) As used in this section, "journalist" has the same 87
meaning as in division (B)(9) of section 149.43 of the Revised 88
Code.89

       Section 2. That existing section 4123.88 of the Revised Code 90
is hereby repealed.91

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