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Workers' Compensation Petitions Not Public Record
Description Court affirmed decision of head of Workers' Compensation Bureau that petitions to the Bureau and the details of assignment to various judges, are not public record under the Pennsylvania Right to Know Act. Such petitions are not a part of agency decisions.
Topic Employment Law
Key Words Workers' Compensation, Public Records
C A S E   S U M M A R Y
Facts Della Franco requested that the Workers' Compensation Bureau give him access to all Workers' Compensation proceedings that were pending. He contended that he should have access to these records under the Right to Know Act. Bureau denied his request; Della Franco appealed.
Decision Affirmed. Workers' compensation petitions pending before workers' compensation judges are not public records under the Right to Know Act. The documents are not in the public record because they are not documents generated by state agencies or orders of agencies. The content of the petitions and the records of which judges have had which petitions assigned to them, are not public as they are not necessarily a part of the final determination in the cases. The petitions need not be the basis of the decisions of the judges.
Citation Della Franco v. Dept. of Labor and Industry, --A.2d-- (1999 WL 3387, Cmwlth. Ct., Pa.)

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