Texas Regulations 41.110
From Wcc
§ 41.110 Availability
| (a) The board's records shall be made available for inspection or duplication by applying in writing on a board-approved form to the custodian in Austin. The application must identify the document(s) to be disclosed, and the name and address of the applicant. All requests, including subpoenas, for confidential claim files must be accompanied by a statement of eligibility provided on a board-approved form. All applications for release of records must be approved by an authorized employee.
(b) Public records shall be made available for inspection or duplication pursuant to the provisions of the Open Records Act. (c) Confidential claim file records shall be made available for inspection or duplication under the following conditions: (1) if a claim is open or pending before the board; on appeal to a court; or the subject matter of a subsequent suit where the carrier has a right to subrogation, and the requestor is: (A) the claimant; (B) the claimant's attorney of record; (C) the carrier; (D) the employer against whom the claim was filed; (E) third-party litigants in subsequent suits where the cause of action arises from the same occurrence that gave rise to the claim; (F) the State Board of Insurance; (G) the Department of Human Services; or (H) any other party entitled by law to the records; (2) if the requestor files the claimant's signed waiver of confidentiality on a board-approved form; (3) if the claimant has been finally adjudicated to be a fraudulent claimant.
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