Investigation Report: PHIA Unauthorized Disclosure – Workers Compensation Board
investigations & monitoring
health facility, body or trustee
Summary
Workers Compensation Board. Provisions 19.1(1), 19.1(2), 20(1), 22(1)(b). A worker complained that her personal health information was disclosed by the Workers Compensation Board (WCB) to her employer as part of the process for a reconsideration of an adjudicator’s decision. The complainant consented to the disclosure of the claim file information, however after the disclosure was made, the WCB determined that it would not be proceeding with a reconsideration. Our office found that the disclosure was authorized under PHIA as it was made with the consent of the worker and while the reconsideration process was ongoing. In the course of our investigation, we raised questions about the process for disclosure to an employer during a reconsideration or review, and also about the timeliness of the retrieval of the information after it has been sent to an employer but it has been determined that a review or reconsideration will not proceed. The WCB reviewed the employer file access process with relevant staff and advised staff of the importance of retrieving claim file information as soon as possible in the event the appeal does not proceed. The WCB will also conduct a review of its policies relating to disclosure of file information to employers, which will be from a privacy perspective.
CASE 2019-0266