27-14-803. Investigatory powers; examination of employer's records; subpoenas.
(a) In addition to W.S. 27-14-801(d) and if the administrator has reason to believe that an employee, employer, health care provider or any representative thereof has engaged in any activity in violation of this act, he shall make an investigation to determine if this act has been violated and, to the extent necessary for this purpose, may conduct discovery pursuant to the Wyoming Rules of Civil Procedure.
(b) The administrator may examine the books, accounts, payrolls or business operation of any employer to secure any information necessary for any investigation conducted under this section and for the administration of this act at any reasonable time on twenty-four (24) hours notice but excluding Sundays and holidays unless waived by the employer, either in person or through any authorized inspector, agent or deputy.
(c) If records necessary for an investigation under this section are located outside this state, the person being investigated shall:
(i) Make them available to the administrator at a convenient location within this state;
(ii) Pay the reasonable and necessary expenses for the administrator or his representative to examine them at the location at which maintained; or
(iii) Provide access to comparable officials of the state in which the records are located for inspection as the administrator may require.
(d) If the employer, employee, health care provider or any representative thereof refuses to cooperate and assist discovery by the administrator pursuant to this section, the attorney general may, at the request of the administrator and upon reasonable notice to all parties, apply to the district court for a subpoena or for an order compelling compliance.
27-14-804. Statistical compilation; annual report and projection; additional reporting requirements.
(a) The director shall:
(i) Secure and compile statistical information concerning injuries occurring in employment, showing the number of injuries or fatalities occurring in the employment and any other information relevant to the proper operation or administration of this law;
(ii) Report to the governor as provided by W.S. 9-2-1014;
(iii) Annually prepare and present to the governor and the legislature projections of income, expenditures and account balances for the succeeding twelve (12) month period;
(iv) Annually report to the legislature on recommendations for improvement to the initial claims processing and determination process and the effectiveness of the process.
(v) Repealed by Laws 1990, ch. 63, § 3.
27-14-805. Confidentiality of information; unlawful disclosure; exception.
(a) Except as otherwise provided by this act, information obtained from any employer or covered employee pursuant to reporting requirements under this act or investigations conducted under W.S. 27-14-803 shall not be disclosed in a manner which reveals the identity of the employer or employee except to the employer, the employee, legal counsel for an employer, legal counsel for an employee or in situations necessary for the division to enforce any of the provisions of this act. The confidentiality limitations of this section do not apply to transfers of information between the divisions of the department of workforce services so long as the transfer of information is not restricted by federal law, rule or contract. In addition, nothing in this section shall prohibit the division from:
(i) Disclosing information obtained from employers and employees under this act and any determination of benefit rights to any state or federal agency as required under regulation of the United States department of health and human services and the state department of health, the United States internal revenue service in administering federal tax laws and to the office of the United States bankruptcy trustee;
(ii) Allowing access to information obtained pursuant to the administration of this act to a law enforcement authority of the federal government or this state, upon a written request from that authority stating the information is necessary in connection with a criminal investigation;
(iii) Allowing access by the state auditor to certain information obtained under this act limited to name, address, social security identification number and other general information pertaining to benefit entitlements and employers;
(iv) Reporting to the appropriate professional or facility licensing authority any suspected substandard or inappropriate medical or health care provided to an injured worker by a health care provider or health care facility.
(b) Any employee who discloses information outside of the department in violation of federal or state law may be terminated without progressive discipline.
(c) Notwithstanding subsection (a) of this section and any other provision of law to the contrary, and for purposes of ensuring any medical or disability benefit payment under this act does not duplicate any benefit payment made by another state agency, insurer, group health plan, third party administrator, health maintenance organization or similar entity, the department may upon request of the state agency, insurer or similar entity, disclose information limited to a recipient's name, social security number, amount of benefit payment, charge for services, date of services and services rendered relating to the benefit payment made under this act. A state agency, insurer, group health plan, third party administrator, health maintenance organization or similar entity shall, upon request of the department, disclose the same limited information to the department. Information received under this subsection shall be used only for the purpose authorized by this subsection and shall otherwise be confidential and the recipient entity shall be subject to the confidentiality restrictions imposed by law upon information received to the extent required of the department. Any violation of this subsection is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(d) Prior to receipt of any benefit under this act, the department shall require an injured employee covered under this act to sign a waiver authorizing the release of information limited to benefit payment information to state agencies, insurers, group health plans, third party administrators, health maintenance organizations or similar entities for purposes specified by subsection (c) of this section.
(a) A person who knowingly, or with deliberate ignorance or reckless disregard of the true facts or the requirements of this act, violates or attempts to violate the requirements of W.S. 27-14-207 or any other provision of this act related to determining the assignment of a premium rate, or who advises another to violate the requirements of W.S. 27-14-207 or any other provision of this act related to determining the assignment of a premium rate, shall be subject to the following penalties:
(i) A person who is an employer shall be assigned, for the rate year during which the noncompliance or misrepresentation occurred and for the following three (3) rate years, the highest base rate within the industry classification assigned during that year under the division's rate filing. If the person's business is already at the highest rate for any year, or if the amount of increase in the person's rate would be less than two percent (2%) for that year, then a penalty rate of two percent (2%) shall be imposed for that year. This penalty may exceed the maximum assignable rate;
(ii) In addition to the penalty imposed pursuant to paragraph (i) of this subsection, any violation or attempted violation of W.S. 27-14-207 or any other provision of this act related to determining the assignment of a premium rate may be prosecuted as a felony punishable by a fine of not more than fifty thousand dollars ($50,000.00), imprisonment for not more than five (5) years, or both.
27-14-902. Cancer screenings for firefighters; requirements.
(a) As used in this section, "firefighter" means a person who has been employed or has volunteered as a firefighter for not less than ten (10) years and is classified as a firefighter member as defined by W.S. 9-3-402(a)(xxv), a paid fireman as defined by W.S. 15-5-201(a)(xi), an employee under W.S. 15-5-402(a)(viii), the state fire marshal and their employees, a volunteer fireman as defined by W.S. 15-5-201(a)(xiv), a volunteer firefighter as defined by W.S. 35-9-616(a)(x) and any person employed by a municipal corporation or private organization who devotes the person's entire time of employment to the provision of fire protection service for a city, town, county or fire protection district.
(b) Firefighters shall be presumed to have been exposed to cancer causing agents during the course and scope of their employment. These exposures shall be considered work related injuries for which cancer screenings shall be provided as a workers' compensation award under the provisions of this act. No other injury or award shall be presumed or required to be provided pursuant to this subsection but this section shall not prohibit the application of any other presumption or prohibit qualification for any other award under the other provisions of this act.
(c) Firefighters who are currently employed in that profession shall be provided cancer screenings which shall consist of:
(i) Breast cancer screenings for firefighters, to include mammograms at medically indicated intervals;
(ii) Colon cancer screenings, to include stool based testing or colonoscopies at medically indicated intervals;
(iii) Prostate cancer screenings for male firefighters, to include prostate specific antigen tests at medically indicated intervals;
(iv) Routine screenings for any other cancers the risk or occurrence of which the director of the national institute for occupational safety and health has identified as higher among firefighters than among the general public.
(d) The compensable workplace injury and cancer screenings award provided by subsection (b) and (c) of this section shall continue for not more than ten (10) years after the cessation of employment of a firefighter.
(e) No workplace award of cancer screening benefits under this section shall be included in the calculation of any employer's experience rating but may be included in any base rate setting procedures conducted by the division.
(a) As used in this act:
(i) "Firefighter" means a paid fireman defined under W.S. 15-5-201(a)(xi), a firefighter member under W.S. 9-3-402(a)(xxv), an employee under W.S. 15-5-402(a)(viii), a volunteer fireman defined under W.S. 15-5-201(a)(xiv) and a volunteer firefighter or firefighter defined under W.S. 35-9-616(a)(x). "Firefighter" also means an individual employed by a municipal corporation or private organization who devotes the individual's entire time of employment to the provision of fire protection service for a city, town, county or fire protection district;
(ii) "Listed disease" means any of the following:
(A) Cancer, lymphoma or leukemia that may be caused by exposure to heat, smoke, radiation or a known or suspected carcinogen as determined by the International Agency for Research on Cancer;
(B) Cardiovascular disease;
(C) Acute myocardial infarction or stroke;
(D) A disease, illness, health impairment or disability determined on a case-by-case basis under W.S. 27-15-102(h).
(iii) "Minimum period of employment" means:
(A) Employment as a firefighter for at least ten (10) years; and
(B) For volunteer firefighters, an individual is considered to have been employed for the minimum period of employment if that individual while actively a volunteer participates or participated in a minimum of forty percent (40%) of the drills conducted by the individual's department and a minimum of twenty-five percent (25%) of the emergency calls received during the time the volunteer serves or served on call. Volunteer firefighter departments shall keep individual records that document the criteria in this subparagraph.
(iv) "This act" means W.S. 27-15-101 through 27-15-103.
27-15-102. Presumption of occupational disability; applicability; exceptions.
(a) A firefighter who suffers from a listed disease is presumed to have developed that listed disease during the course and scope of employment. The listed disease is presumed to be an occupational disease, the dominant cause of which is the employment as a firefighter, unless the contrary is proven.
(b) A presumption established under this act applies to a determination of whether a firefighter's injury, disease, illness, health impairment, disability or death resulted from a listed disease contracted in the course and scope of employment for purposes of benefits or compensation provided under:
(i) Firefighter retirement and disability retirement plans administered by the Wyoming retirement board under W.S. 9-3-401 through 9-3-431, 15-5-201 through 15-5-209, 15-5-401 through 15-5-422 and 35-9-616 through 35-9-628;
(ii) Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of W.S. 27-14-101 through 27-14-902;
(iii) University of Wyoming and Wyoming community college tuition and fees as provided under W.S. 21-16-1501(h) and (j).
(c) The presumption in subsection (a) of this section applies only to a firefighter who:
(i) Is employed for not less than the minimum period of employment and seeks the presumption within:
(A) Ten (10) years after cessation of employment for a listed disease as defined by W.S. 27-15-101(a)(ii)(A);
(B) One (1) year after cessation of employment for a listed disease as defined by W.S. 27-15-101(a)(ii)(B) or (C);
(C) A period to be determined by the Wyoming worker's compensation medical commission for a listed disease as defined by W.S. 27-15-101(a)(ii)(D).
(ii) Has been exposed to the hazards involved in firefighting during the minimum period of employment; and
(iii) On becoming employed or during employment as a firefighter received a physical examination that failed to reveal evidence of the listed disease for which the presumption is sought.
(d) The presumption in subsection (a) of this section does not apply:
(i) If the listed disease is known to be caused by tobacco use and the firefighter:
(A) Is a regular user of tobacco for five (5) or more years; or
(B) Was a regular user of tobacco for five (5) or more years and it has been fewer than ten (10) years since the firefighter gave up the use of tobacco products.
(ii) In a cause of action brought in a state or federal court except for judicial review of a proceeding in which there has been a grant or denial of employment-related benefits or compensation.
(e) This act does not create a cause of action.
(f) This act does not enlarge or establish a right to any benefit or compensation or eligibility for any benefit or compensation.
(g) A firefighter who qualifies for a presumption established under this act is entitled only to the benefits or compensation to which the firefighter would otherwise be entitled to receive at the time the claim for benefits or compensation is filed.
(h) A presumption under this act is not limited to the current listed diseases. A firefighter is not precluded from a case-by-case demonstration before the Wyoming workers' compensation medical commission that the dominant cause of the firefighter's disease, illness, health impairment or disability is or was employment as a firefighter.
(j) Paragraph (d)(i) of this section only prevents the application of the presumption authorized by this chapter and does not affect the right of a firefighter to provide proof, without the use of the presumption, that an injury, disease, illness, health impairment or disability occurred during the course and scope of employment.
A person opposed to the award of benefits or compensation listed under W.S. 27-15-102(b) may rebut the presumption under this act through a showing by a preponderance of the evidence that a risk factor, accident, hazard or other cause not associated with the firefighter's service was the dominant cause of the listed disease.