TN 2 (01-17)
GN 03314.135 Disclosure Without Consent to State and Local Agencies to Administer State Workers’ Compensation (WC) Programs
A. Disclosure policy
Generally, WC laws ensure fixed monetary awards to employees who are injured or disabled on the job, as well as provide survivor benefits for dependents of workers whose death is due to work-related accidents or illnesses. For a summary of State WC programs, see DI 52115.001 through DI 52115.025.
1. Disclosure to State agencies that administer WC programs
We may disclose certain non-tax return information, including verification of Social Security Numbers (SSN), to State agencies that administer WC programs. Disclosure is permissible under the health maintenance and income maintenance routine use cited in a number of our systems of records including, but not limited to the following:
For information on the verification of SSNs, see GN 03325.003.
2. Disclosure to WC carrier or self-insurer authorized by the State agency administering the WC program
We may disclose certain non-tax return information, including verification of SSNs, to a WC carrier or self-insurer when authorized by the State agency responsible for administration of the WC program to administer the WC program on the State agency’s behalf. This is because the carrier or self-insurer is acting as an agent of the State agency. We may disclose information under the same routine use noted in GN 03314.135A.1.
NOTE: We may disclose medical records to a WC carrier or self-insurer only with the written consent of the individual.
For information concerning the verification of SSNs, see GN 03325.003.
NOTE: The specific types of information needed by the carrier will vary from State to State. We may disclose the average current earnings (ACE), when requested, if it is shown on the Master Beneficiary Record. We derive the ACE from tax return information; however, it is not considered tax return information because specific earnings amounts cannot be determined after we compute the ACE. For more information, see GN 03320.001D.2, first bullet.
Advise the requester to verify the SSN through the State agency responsible for administering the WC program or through the claimant or beneficiary, if there is any question as to whether or not a requester is a carrier or self-insurer.
B. Procedure for handling requests
State agencies that administer WC programs receive certain non-tax return information from us primarily through electronic data exchanges, as authorized under data exchange agreements with us. Consult the regional office Data Exchange Coordinator or Privacy Act Coordinator to determine if we have a data exchange in effect with a particular State agency for its administration of the State’s WC programs. For more information regarding the handling of requests from State and local agencies, see GN 03314.001E.