N.C. Workers’ Comp Data Dispute Resolved

July 23, 2012

North Carolina officials have found a way to resolve media groups’ concern over public access to some employers’ workers’ compensation information while maintaining the confidentiality of other records.

Media groups had called for Gov. Bev Perdue to veto a bill that keeps private all information showing if an employer is complying with the state’s workers’ compensation law but Perdue signed the bill.

Under state law, employers are required to inform the state-run Industrial Commission when they purchase, renew or cancel a policy. However, that information is collected by the North Carolina Rate Bureau, the industry’s rate setting organization.

The Rate Bureau had initially convinced lawmakers to enact a law based on the argument that since its information is proprietary it should remain that way despite being forwarded to the state, which has an open public records law.

Public Information

Media groups said if employers’ coverage information is not open to the public they would be prevented from informing the public about problems in the system.

After a lobbying effort by the North Carolina Press Association, the North Carolina Association of Broadcasters and others, Perdue and lawmakers agreed to modify the law so that the media will continue to have access to an employers’ coverage information.

John Bussian, an attorney for the North Carolina Press Association, said that faced with the potential veto of the entire law, the Rate Bureau and Industrial Commission agreed to the change.

The law will restrict the public information given to the commission to an employer’s coverage status. Other information such as an employer’s Social Security number, experience modification factor or rates will remain proprietary.