Application 2: Disclosure of Information

1.  When does the WCB disclose information?

The Act allows the WCB to disclose information:

• during a review or appeal of a decision (see Question 2)
• to directly affected individuals (see Question 3)
• to a government department or agency (see Question 4)
• to another Canadian WCB (see Question 5)
• to an employer other than the accident employer (see Question 6)
• when obtaining, monitoring or reporting on health-care services
• generally, when the affected party provides written consent

The WCB may also disclose records when answering a FOIP request.

2.  What information does the WCB disclose during review or appeal?

The Act allows persons directly affected by a decision under or contemplating review or appeal to access relevant information. When disclosing information to a worker’s or employer’s representative, the WCB requires written authorization in a form acceptable to the WCB.

Upon release, the WCB advises the recipient that the disclosed information may not be used for any purpose other than review or appeal. The WCB may require a signed statement acknowledging the limitation. Using the information for any other purpose or disclosing this information is an offence under the Act.

3.  When will the WCB disclose information to directly affected parties?

WCB may disclose information to the persons directly concerned. This includes:

• When the information is about a worker, “persons directly concerned” are normally considered to be the worker, the worker’s representative or dependant (in the case of worker death or incapacity) or the representative or agent of any of them. Information is also released to the employer when necessary for the management of the claim.
• When the information is about an employer, "persons directly concerned" are normally considered to be the employer or the employer's agent.

In both cases, the WCB may release information to some other person the WCB considers having a direct interest in the information.

4.  What information may the WCB disclose to government departments or agencies?

The WCB may disclose information to government departments or agencies when they are authorized to collect it or when the disclosure is compliant with FOIP.

The Provincial Ombudsman of Alberta and the Information and Privacy Commissioner may access all information held by the WCB in accordance with their legislation.

5. When does the Alberta WCB disclose workers’ personal information to other Canadian WCBs?

Relevant information is disclosed to other Canadian WCBs in circumstances such as when:

• a worker, who still requires benefits and services, has moved to another jurisdiction
• a worker has a compensable injury in Alberta that appears to have been aggravated by, or resulted in part from, employment in other Canadian jurisdictions
• a worker’s claim is adjudicated under the Interjurisdictional Agreement
• an employer operates in more than one jurisdiction

6. When will the WCB disclose information to an employer other than the accident employer?

When an employer is directly affected by an application to transfer costs under s.95(2) of the Act (see Policy 07-02, Experience Records), the employer may receive claim information relevant to the issue of negligence. This information must be used only for the purpose of the application of s.95(2) of the Act or any subsequent review or appeal.

Once the WCB determines that an employer other than the accident employer is liable for the costs, that employer has the same access as an accident employer. If an employer(s) other than the accident employer is 100% liable, further access is restricted to the liable employer(s), except when the accident employer requires information to facilitate a worker’s return to work.

The WCB may disclose information from an employer account file in circumstances such as:

• information about an employer account that may affect another employer’s liability under the Workers’ Compensation Act or is required for financing approval to an appropriate third party
• when the WCB has taken legal action, information contained in the legal documents becomes public knowledge and may be released to concerned persons
• when an employer is in bankruptcy, receivership, or liquidation, certain information becomes public knowledge and may be released to concerned persons
• in response to requests for employer clearance certificates

7. Is there any information that the WCB does not generally disclose?

The WCB may choose not to release medical or psychological information if the WCB believes the release may cause the applicant to harm themselves or another person. In these circumstances, the WCB may manage the disclosure through another person (for example, a physician or psychologist) or refer the person to the source (for example, the doctor, psychologist, or other physician who provided the information).

8. When is this policy application effective?

This policy application (Application 2 – Disclosure of Information) is effective June 1, 2004 except when noted otherwise in a specific policy section(s).