Access to records limited to interested parties.

- In a suit to recover for personal injuries and property damage arising out of an automobile collision, the defendants served the board with a request for the production of any and all claims by the plaintiff for workers' compensation benefits, including but not limited to all medical records, reports, and narratives. The trial court did not err in denying this motion, as the board is not a general repository of discoverable material for the defendants in civil actions, and access to the board's records is properly limited to those parties who have a specific interest in the workers' compensation claim in connection with which the records are maintained by the board. Insofar as the plaintiff's actual medical records were concerned, the defendants could have pursued the usual means of discovery that were available to any defendant in a civil action. Farrell v. Dunn, 199 Ga. App. 631, 405 S.E.2d 731 (1991).

Notice and opportunity to be heard prior to assessment of penalty.

- Deputy director abused the director's discretion in assessing a penalty under this section against an employer without first affording the employer notice of the assessment of such penalty and opportunity to be heard. Bailey-Lewis-Williams of Ga., Inc. v. Thomas, 103 Ga. App. 279, 119 S.E.2d 141 (1961).

Running of statute not tolled by employer's mere failure to report.

- If it is not required by the worker's compensation law (see now O.C.G.A. § 34-9-1 et seq) itself, and in the absence of any fraud on the part of the employer, the employer's mere failure to report an accident, as required, does not toll the running of the statute as to the time for filing a claim for compensation, as failure of the employer to make such a report has nothing whatever to do with the employee's failure to file, or delay in filing, a claim for compensation on account of such accident. Welchel v. American Mut. Liab. Ins. Co., 54 Ga. App. 511, 188 S.E. 357 (1936), overruled on other grounds, Brown Transp. Co. v. James, 243 Ga. 701, 257 S.E.2d 242 (1979).

Cited in Employers' Liability Assur. Corp. v. Pruitt, 63 Ga. App. 149, 10 S.E.2d 275 (1940); Hartford Accident & Indem. Co. v. Dutton, 110 Ga. App. 398, 138 S.E.2d 733 (1964); Peters v. Liberty Mut. Ins. Co., 113 Ga. App. 41, 147 S.E.2d 26 (1966); Fidelity & Cas. Co. v. Whitehead, 114 Ga. App. 630, 152 S.E.2d 706 (1966); S.S. Kresge Co. v. Black, 144 Ga. App. 58, 240 S.E.2d 554 (1977); Southern Cotton Oil Co. v. Lockett, 150 Ga. App. 835, 258 S.E.2d 644 (1979); Insurance Co. of N. Am. v. Henson, 150 Ga. App. 788, 258 S.E.2d 706 (1979).

State and all departments must comply with record-keeping provisions.

- Since the State of Georgia is specifically included in former Code 1933, §§ 114-101 and 114-102 (see now O.C.G.A. § 34-9-1), it was, by implication, included in former Code 1933, § 114-716 (see now O.C.G.A. § 34-9-12), and the State of Georgia and all departments, instrumentalities, and authorities thereof must comply with the record-keeping provisions of former Code 1933, § 114-716. 1980 Op. Att'y Gen. No. 80-55.

Confidentiality of board records.

- All records of the State Board of Workers' Compensation pertaining to accidents, injuries, and settlements are confidential, unless a party can meet the statutory requirements for access or has authority pursuant to the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq. 1991 Op. Att'y Gen. No. 91-5.

Files and records that would otherwise be confidential under O.C.G.A. § 34-9-12(b) should be furnished to prosecutors in furtherance of a Fraud and Compliance Division investigation. 1997 Op. Att'y Gen. No. 97-20.

State Board of Workers' Compensation may legally assess a penalty against Department of Administrative Services, as the agent for other departments, instrumentalities, and authorities of the state, if there is a refusal or willful neglect to file timely reports of injuries required by this section. 1980 Op. Att'y Gen. No. 80-55.

What constitutes "refusal" or "willful neglect" is a factual question which must be resolved on a case-by-case basis; mere delay in filing the reports, without more, probably would not amount to either refusal or willful neglect so as to give rise to the penalty. 1980 Op. Att'y Gen. No. 80-55.

Employer is not required to inform an insurer of all employee injuries. 1980 Op. Att'y Gen. No. 80-126.

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, § 538.

C.J.S.

- 101 C.J.S., Workers' Compensation, § 1717 et seq.