1. Each person has
a right to inspect and reproduce any public record on file in the offices of
the Commission, except those records expressly exempted by a statute or a
Commission Rule.
(a) To insure protection of
Commission records and to prevent interference with the regular duties of the
Commission, all Commission claim files shall be made available for inspection
and copying only in the offices of the Commission during usual business hours,
provided:
(1) A written request marked
"Request for Public Records" is submitted to the Secretary of the
Commission;
(2) The written request
sufficiently identifies the claim file by referencing the names of parties
and/or the Commission file number; and
(3) The written request states the desired
time for inspection and/or the number of copies sought.
On the requesting party's compliance with (1), (2) and (3)
above, the Commission shall respond in writing by granting or denying the
request within ten (10) working days after receipt of the request. A Commission
response denying a "Request for Public Records" shall specifically state the
grounds for the denial and shall remain on file with the Commission for three
(3) years.
The Commission shall attach an estimate of its actual copy
costs to its response to the "Request for Public Records." Actual costs to the
Commission shall be determined as follows:
(1) For copies of records not required to be
certified by the Commission, $.50 per page;
(2) For certified copies of records, $1.00
per page and $3.50 for every certificate under seal affixed thereto;
(3) For copies of transcripts not required to
be certified by the Commission, such cost per page shall be equal to the
prevailing cost per page of transcripts in the trial courts of this
state.
(4) For any staff time or
contractual services required to respond to the request which shall be at the
pay scale of the lowest level employee or contractor competent to respond to
the request.
Within ten (10) business days after receiving payment of copy
costs, the Commission shall supply machine copies of the material sought. The
Commission may also elect to respond to a records request by making the
requested records available for inspection in its offices or by electronically
transmitting the records.
Any excess costs exceeding the previously paid estimated
charges shall be due no later than ten (10) business days after Commission
compliance with the request. Non-payment of estimated charges shall justify
Commission denial of future requests.
(b) Notwithstanding any other provision
contained herein, the Commission shall provide to any party to a claim a copy
of any record in the file of such claim, including but not limited to,
transcripts prepared for review by the Full Commission, at a charge of ten
cents ($.10) per page, with a minimum charge of five dollars ($5.00).
2. As provided in Miss. Code Ann.
§
71-3-66(1972),
the following records are exempt from public disclosure under the Mississippi
Public Records Act of 1983 and shall not be available for public inspection:
medical reports, rehabilitation counselor reports and psychological reports on
file with the Commission in controverted and non-controverted cases, insofar as
they refer to accidents, injuries and settlements.
(a) Such information contained in
controverted and non-controverted case files shall be made available only to
the claimant or to the employer or its insurance carrier which is called upon
to pay claimant compensation in the same or any other workers' compensation
claim. However, such information shall be subject to inspection by proper
representatives of the Social Security Administration, Medicaid Commission,
Employment Security Commission, or other state or federal agency which, in the
opinion of the Commission, can show a compelling state interest requiring
disclosure. The Commission may also issue statistical information where the
individual claimants are not identified.
(b) The Commission may also make such
information available to interested parties involved in proceedings or
negotiations regarding the legal liability owing claimant from a third party.
However, such request for disclosure, just as all other requests not
specifically referred to in (a), above, shall be accompanied by a statement of
the requesting party's interest in disclosure of exempt materials. On
Commission receipt of such request, the Secretary of the Commission, by
certified mail, shall provide claimant a copy of the request and notify
claimant of his right to file with the Commission an objection to such
disclosure within ten (10) working days. Should claimant file an objection to
the request, the parties shall be entitled to a hearing before the Commission.
If claimant files no objection within ten (10) working days, such failure to
respond shall be a waiver of any objection to the release of such requested
information, and such information shall be provided upon payment of fees as set
forth in section 1(a).
(c) To
assure the right of individual privacy, any "Request for Public Records"
referring to nonexempt information contained in a claim file shall be
accompanied by a statement of the requesting party's interest in such records.
Should the requesting party satisfy the Commission of its right to inspect
records contained in a claim file, the Commission shall separate exempt
material from non-exempt material and make the non-exempt material available
after the requesting party's payment of costs.
