,

October 19, 1988

Mr. Joseph C.Gagen Chairman Texas Industrial Accident Board 1st Floor, 200 E.Riverside Austin, Texas 78704

DearMr. Gagen: Opinion NO. J&966
Re:Authority of the Industrial Accident Board topermit Texas Rehabilitation Commission employees to review confidential worker claim files to assist theboard (RQ-1444)

you askwhether the Texas Industrial Accident Boardmay allow Texas Rehabilitation Commission employees to review workers* confidential claim files to assist the board in identifying injuredworkers whomay be eligible for vocational rehabilitation services from the commission. Section 7ofarticle 8306,V.T.C.S., requires the board tonotify the Texas Rehabilitation Commission (TRC) about injured workers whomight benefit fromvocational rehabilitation: Upon receipt thereof, the Board shall

promptly analyze each notice of incurred by an injured employee injury covered under this law. If the Board concludes &hat vocational rehabilitation is indicated J take the necessary stews to inform the * . d emwlovee of the services and facilities available to himunder the Texas

. . . +.ehabll~.tatlonCommission and the Board lmmediatelv shall notifv said Commission of such case. . . . The Board shall co-operate with said Texas Rehabilitation Commission with reference to thework of said Commission inproviding said services and facilities to injured employees covered under the provisions of this law. . . . (Emphasis added.)
V.T.C.S. art. 8306, 57.

p. 4918Mr. Joseph C.Gagen -Page 2 (JM-966)

At present, board employees review claims to identify claimants who appear tobe eligible forTRC services. These persons are notified bymail of the available services and encouraged to contact the commission. The Rehabilitation Commission is sent a copy ofthe letter and thereby learns the claimant's name, address, and filenumber.
You state that both agencies would like to increase referrals and that review of claimants' files by TRC employees would permit more accurate identification of persons eligible forTRC's services, and would shift the burden of initiating contact from the claimant to the commission. Theworkers' claim files are, however, covered by the confidentiality provision of article 8307, section 9a, V.T.C.S., andyou are concerned that this provision would prevent TRC employees from reviewing the claim files. Section 9a

### ofarticle 8307,V.T.C.S., provides inpart:

(a) Information inaworker's claim file isconfidential and may not be disclosed except asprovided inthis section. (b) If there is aworkers' compensation claim for the named claimant open or pending before the Industrial Accident Board or . . . [other circumstances not relevant] at the time a record search or request for information ispresented to the Board, the information shall be furnished asprovided in this section. . . . The Boardwill furnish the requested information or a record check only to the following: (1) the claimant; (2) the attorney for the claimant: (3) the carrier: (4) the employer at the time of the current injury: (5) third-party litigants; (6) the State Board of Insurance: or (7) the Texas Department of Human Services.

p. 4919Mr. Joseph C.Gagen -Page 3 (JM-966)

**. .**  **. .**  (c) All information of the Industrial Accident Board concerning anyperson who has been finally adjudicated tobe a fraudulent claimant . . .isnot confidential . . . . V.T.C.S. art. 8307, 59a. This confidentiality provision was addressed in Attorney General Opinion RW-202 (1980). That considered whether opinion section 9a of article 8307, V.T.C.S., barred the Industrial Accident Board from information inworkers' claim releasing files to certain federal and state agencies not listed under section 9a(b) as entities expressly authorized to receive it. The opinion stated that "[t]he initial provisions of section 9a clearly limit claim file information to certain persons and state agencies only . . . .'IAttorney General Opinion Rx-202 at 2 (1980). There were noparamount federal laws which required such information tobe released to the federal agencies seeking it,nor any state laws which required its release to the state agencies. The opinion refused tobroaden the access provisions of section 9a despite arguments that this construction would **be** consistent with the policy underlying the confidentiality provision.
We conclude, based on theplain language of section 9a and on the reasoning and conclusion of Attorney General Opinion W-202, that the Industrial Accident Boardmay not permit employees of the Texas.Rehabilitation Commission to review workers' claim files. Theboard's duty to cooperate with the Rehabilitation Commission under section 7 of article 8306 can be carried out after the injured worker becomes aclient of the commission, forexample, inthe provision ofmedical care relevant to the individual's vocational rehabilitation. &g V.T.C.S. 8306, 57 (association shall furnish treatments necessary to restore employee's physical capacity or to relieve pain, but not for any other phase of vocational rehabilitation): Hum. Res. Code SS 111.052(b)(l) (authority ofTRC to cooperate with other agencies): 111.051(b)(6) (authority ofTRC to contract with health care providers for physical restoration and other rehabilitation services). with TRC isnot The board's duty to cooperate inconflict with its duty tomaintain the confidentiality of claim files inaccordance with section 9a ofarticle 8307, V.T.C.S. Section 7 of article 8306, V.T.C.S., does not provide abasis for finding an implied exceptionin favor

### ofTRC to the section 9a provision. confidentiality

P. 4920Mr. Joseph C.Gagen -Page 4 (JM-966)

**SUMMARX** Section 9aof article 8307,V.T.C.S., prohibits the Industrial Accident Board from disclosing confidential worker claim files to employees of the Texas Rehabilitation Commission. Very truly yo , 

# LJihciak

A;, JIM MATTOX Attorney General ofTexas
MARYKELLER First Assistant Attorney General

mu MccREARY Executive Assistant Attorney General
JUDGE ZOLLIE STEARLEY Special Assistant Attorney General
RICK GILPIN Chairman, Opinion Committee Prepared **by** Susan L.Garrison Assistant Attorney General

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