Document name

Authority for Disclosure

Document number

PRO 16/2026

1. POL 22/2024, Privacy of Information, establishes guidelines for the collection of information by the Workers’ Compensation Board (WCB), the use of the information collected, together with access to, and disclosure of the information within the control of the WCB.

General

1. Information is collected and disclosed during decision making. Such collection and disclosure may relate, among other matters, to:
   1. making inquiries concerning injuries, treatment and disability, or concerning employers’ business activities, or
   2. explaining decisions made by the WCB.
2. Workers, employers, and in certain cases, health care providers must receive a written explanation of the reasoning leading to a decision.
   1. The written explanation to the worker must include and/or refer to the information that was used to arrive at the decision. This may, as circumstances dictate, include both personal information and personal health information that is relevant to the decision being communicated.
   2. The employer at the time of injury is entitled to know the reasons for a claim decision, therefore a separate letter outlining a claim decision and the reasoning must be sent to the employer. The explanation provided to the employer and/or health care provider should be communicated to convey the basis for the decision without disclosing the specific personal and/or personal health information used in making the decision. When there are multiple claims with separate employers, each employer will receive a separate letter of explanation.
   3. In some cases, non-compensable personal health conditions, personal financial circumstances, or family matters play a part in decisions about the claim (for example, section 101 decisions) or employer account. This information must be provided to the worker when explaining the decision; however, this information must not be provided to the employer or the health care provider. The explanation provided to the employer and/or health care provider should be communicated as to convey the basis for the decision without disclosing the non-compensable factors that contributed to the decision.
   4. Others affected only need to be informed of the extent or duration of WCB payment.
   5. Written explanations prepared by the WCB staff will not include copies of claim documents. Copies of claim documents may be provided on request in accordance with Points 33 to 44.

Relevant Information

3. In all cases, the onus is on the WCB to explain decisions and disclose the information relevant to these decisions. Information that is relevant will have some reasonable connection with, and some value or tendency to prove or disprove a matter of fact significant to the decision (POL 22/2024, Privacy of Information).
   1. The decision maker will determine what information is relevant to the decision on a case-by-case basis. The relevant documents will include only those that directly relate to the evidence considered and weighed in making the decision.
   2. The file may include information that the decision maker did not use because it is not directly related to the issue or decision. For example, in determining duration for recovery there may be three medical reports that provide clear, direct evidence that the duration was too long, just right, etc. There may also be two other reports that are less current and, therefore, are not used. These two other reports would not be relevant.
   3. Any in-depth telephone discussions about a decision with workers or employers will be recorded on the claim or employer account. This is separate from the additional right a worker or employer has in some circumstances, to obtain copies of the documents in the claim or employer account.

Identification and Authorization

4. Staff should identify the worker, employer or their respective representatives before providing any information in person.
5. When staff recognize a person on sight, information can be provided.
6. When staff do not recognize a person, the following steps must be taken before proving any information:
   1. The person is required to present photo identification (for example, a driver’s licence), and
   2. The person’s signature should be verified against documents already on the claim or employer account (for example, forms Worker’s Report of Injury - W1, Employer’s Authorization Letter of Representation - EREP, Worker’s Authorization Letter of Representation - WREP).
7. Before providing any information to a worker’s representative, staff must ensure a valid Worker’s Authorization Letter of Representation (WREP) document or suitable alternative consent form (for example, a letter from the worker’s lawyer) is on the claim or has been received, indicating that this person acts on behalf of the worker. This authorization remains in effect until rescinded by the worker or replaced by a new authorization form.
8. Before providing any information to an employer’s representative, staff must ensure a valid Employer Authorization Letter of Representation (EREP) document or suitable alternative consent form (a letter from the employer’s lawyer, for example) is on the employer account or has been received, indicating that this person acts on behalf of the employer. This authorization remains in effect until rescinded by the employer.
9. When staff receive telephone requests for information from workers, employers or their respective representatives, these may be transferred to the appropriate staff assigned to the claim or employer account in question.
10. Staff should verify the identity of the person on the telephone by requesting reference to information already on the claim or employer account.
11. When staff are unsure of the identity of a person on the telephone, information should not be provided. Instead, one of the following alternatives should be used:
    1. call back to a number already on the claim or employer account,
    2. email the requested information to an address already on the claim or employer account,
    3. fax the requested information to a number already on the claim or employer account, or
    4. the caller should be asked to make their request in writing.
12. When information is provided on the telephone or in person, this should be recorded on the claim or employer account.
13. Certain information can never be provided by the WCB on the telephone. For example, electronic banking information, social insurance number, or provincial health number.
14. Staff must avoid identifying the source of information which adversely affects entitlement to benefits, when there is a realistic possibility that the safety and security of the source may be at risk as a result. One criterion for judging this would be whether the safety and security of WCB staff has been in question on this claim or employer account.
15. When there are concerns as to the sensitivity of information, staff should consult their supervisor or leader.
16. When a summary of medical documents is requested by the worker, the request should be sent to medical services for response.

Disclosure of Health Information to Employers

17. WCB staff will determine the health information to be shared with the employer following a case-by-case assessment of relevance and necessity. When there are questions about the sharing or disclosure of health information, these will be directed to the WCB’s privacy officer.
18. The following types of health information may be provided through written or verbal correspondence to an employer to assist in the recovery or return-to-work of a worker:
    1. The physical area or general type of work-related injury (not including medical diagnosis). For example:
       1. A psychological injury,
       2. A left shoulder injury, or 
       3. Exposure to an occupational or communicable disease.
    2. A worker’s medical and functional restrictions to accommodate a return-to-work.
    3. The expected or estimated return to work date.
    4. Confirmed participation in a treatment program or treatment from a health care provider including:
       1. The duration or frequency of treatment, and
       2. The general type of medical treatment (for example, physiotherapy, massage, orthopedic specialist consultation, etc.).
    5. The existence of a pre-existing condition (not including medical diagnosis) only when a work-related injury is accepted as an aggravation or acceleration of a worker’s pre-existing condition (POL 12/2017, Pre-Existing Conditions – Aggravation or Acceleration).
19. The following types of health information will generally not be shared with an employer for the purpose of supporting a worker’s recovery or return-to-work:
    1. the diagnosis of a work-related injury,
    2. the worker’s medical history or other personal health information (for example, health services number, family health history, medications),
    3. information about a non-work-related condition or pre-existing condition, when the work-related injury is not accepted as an aggravation or acceleration of that condition (POL 12/2017, Pre-Existing Conditions – Aggravation or Acceleration), and
    4. the names or locations of health care providers, clinics, hospitals, or treatment centres.
20. Information about the cause of a work-related injury should generally not be disclosed to an employer. Employers typically already have knowledge of the circumstance surrounding the injury.
    1. Disclosure may be appropriate in exceptional cases where withholding the cause would create barriers to a safe and effective return-to-work (for example, the worker reports harassment in the workplace and does not want details shared with certain individuals, such as a leader involved in the complaint, however the employer needs enough information to ensure the worker’s return-to-work plan provides a safe environment).

Third Party Requests

21. Inquiries from Members of the Legislative Assembly or Members of Parliament should be directed to WCB’s policy department, which is empowered to discuss claims or employer accounts without written consent. If copies of documents are required, Sections 173 and 174 procedures will apply.
22. When under a legal obligation to disclose information (for example, courts, law enforcement agencies, maintenance enforcement officials, ombudsman, employment insurance officials, Saskatchewan Human Rights Commission) and when the party is requesting copies of claim documents, the WCB will provide such copies:
    1. double-enveloped and delivered via suitable means of assured delivery, or
    2. electronically through the WCB secure file sharing system.
23. In accordance with POL 10/2017, Interjurisdictional Agreement on Workers’ Compensation (IJA), staff will respond to requests from other WCB jurisdictions for the exchange of IJA claim or employer account information. Staff will take the same identification precautions that are used for inquiries from workers and employers.
24. Information sharing agreements will be executed by the Chief Executive Officer or designate after review by WCB’s legal counsel.
25. Although individual agreements will vary on specific terms, all third parties will be bound by a confidentiality clause regarding the use and storage of information requested, stating:
    1. Information is to be used only for the purpose requested,
    2. Information is to be used only by the parties to the agreement, except where subsequent disclosure is specifically permitted by the WCB (for example, as evidence), and
    3. Information will be afforded adequate and appropriate security as outlined by the WCB.
26. Information sharing agreements for providing bulk data will include these conditions:
    1. The information will not be used for commercial purposes unless approved in writing by the WCB, and
    2. The request is for the purpose of enhancing prevention, treatment or return-to-work programs.

Media Requests

27. The WCB’s communications department is designated as the WCB contact for all media inquiries and is authorized to provide information to the media after consultation with senior management.
28. When the media approaches the WCB, the Director of Communications shall ask the media representative to obtain a signed waiver from the customer before any personal information is disclosed.

Methods of Disclosure

29. Business may be conducted by email but out-going communications may not be private or secure and could be intercepted. The WCB has, therefore, ensured all email messages include a confidentiality disclaimer and will be considered acceptable, unless the respondent declines this method of communication.
30. Copies of claim documents may be provided on request to workers, dependents, worker representatives, employers or employer representatives.
31. Before service of documents including claim documents, WCB staff must confirm the mailing address of the worker, dependents, worker representative, employer or employer representatives.
32. Service of documents including claim documents, and bulk data may be sent via:
    1. courier,
    2. registered or certified mail,
    3. email if an address for service has been provided by the person requesting the documents, and
    4. any method set out in The King's Bench Rules for the service of documents. 

Workers, Dependants and Representatives

33. To request copies of claim documents, a worker, dependant or worker representative must use a Worker’s Request for Copy of File (WROI) form. No formal appeal is required, and it is not necessary to identify the issue in dispute.
34. To request copies of claim documents, a worker’s representative must submit a Worker’s Authorization Letter of Representation (WREP) in addition to the Worker’s Request for Copy of File form (WROI). When a worker is unable to sign the authorization letter due to psychological or functional incapacity, the worker’s spouse or legal representative may act on the worker’s behalf.
35. Once the WROI form is received, copies of claim documents will be reviewed to determine if any information should be redacted or removed. Typically this would be information that falls under Points 51 and 52 below.
36. The claim documents may be provided in one of the following ways:
    1. Upon providing proof of identity, claimants may pick up their information at the WCB office. The WCB shall obtain an acknowledgement of receipt.
    2. Claimants who live in a city or a town may receive their information by courier.
    3. Claimants who do not live in a city or town may receive their information by registered or certified mail. This will ensure that there is a record of the envelope and a signature required on delivery. In addition, the envelope may be traced if it does not arrive as anticipated.
    4. Claimants may receive their information by electronic transmission if any email address has been provided by the requestor.
37. There will be no charge in the first instance, but any subsequent request for the same copies shall be subject to a charge of $0.25 per page.
38. Documents received after an initial request for copies of claim documents has been processed will be provided to the worker, dependant or their representative upon request. A new WROI is not required in order to provide updated claim information.

Employers and Representatives

39. To request copies of claim documents, an employer must use an Employer's Request for Photocopy of Relevant Records in File(s) form for each claim. No formal appeal is prerequisite, but the issue in dispute must be clearly identified and must concern a decision made on the claim or a pending appeal.
40. To request copies of claim documents, an employer’s representative must submit an Employer Authorization Letter of Representation (EREP) in addition to the Employer's Request for Photocopy of Relevant Records in File(s) (EROI2) form for each claim.
41. When the employer requests copies of claim documents:
    1. A decision maker (Claims Entitlement Specialist, Customer Care Facilitator, etc.) will identify which documents are relevant to the decision in question. Copies are made only of those claim documents that are identified as relevant to the decision on the claim. Copies may be redacted to block out irrelevant information.
    2. After identification by the decision maker, the selected copies will be compiled by Operations staff. These will be provided to the worker by the means described in Point 30, along with a letter of initial notification that they have 15 business days from receipt of the letter to request a reconsideration of the copies to be provided to the employer. Any objections raised by the worker must be related to specific documents and be provided in writing with reasons given.
42. On the expiry of the initial notification period and after considering any objections received, the staff responsible for the claim will:
    1. Determine what information will be sent to the employer or employer’s representative.
    2. Explain any changes in the selected copies to the worker or the worker’s representative, in writing by
       1. Registered or certified mail, or
       2. Email if an email address has been provided by the worker or worker's representative.
43. The claim documents may be delivered to the employer or their representative in one of the following ways:
    1. Employers who have a business address in a city or a town may receive their information by courier.
    2. Employers who do not have a business address in a city or town may receive their information by registered or certified mail. This will ensure that there is a record of the envelope and a signature required on delivery. In addition, the envelope may be traced if it does not arrive as anticipated.
    3. Employers may receive documents by electronic transmission if an email address has been provided by the requestor.
44. An employer may request that the WCB reconsider the decision regarding the copies of documents that were provided within 15 business days of the date of the decision.
45. The WCB may pursue and/or impose a penalty not exceeding $10,000.00 against an employer if the disclosed information is used for any other purpose other than review of a decision or an appeal (Section 183(1)).

Employer Access to Worker's Information During a Worker Initiated Appeal

46. To support procedural fairness, an employer may request access to a worker’s claim information related to a worker’s appeal at any stage of the appeal process. This access allows the employer to respond to the worker’s appeal and to present their own position.

47. An employer or their representative may request claim information when:

    1. there is an existing decision regarding a worker’s claim for compensation under the Act, and
    2. the worker has appealed, requested reconsideration or applied for a review of that decision.

    However, the WCB retains the discretion to withhold all or part of the requested information if it determines that disclosure is not appropriate under the circumstances.

48. To obtain claim information related to a worker’s appeal, the employer or their representative must submit a request in writing to the WCB. The request must clearly identify the type of information being sought and the reason for the request.

49. When an employer or their representative requests claim information for the purpose of responding to a worker’s appeal, the information provided is limited to what the WCB used to make its decision. This includes information related to:

    1. the facts surrounding the incident in which the injury occurred, and
    2. the percentage of the compensation cost assigned to the employer’s claims cost history for the worker’s injury arising out of and in the course of employment.

    This may include but is not limited to:

    1. A copy of any decision made to accept or deny a worker’s claim.
    2. A copy of any decision related to ongoing benefits or continued responsibility for a previously accepted claim.
    3. A copy of the worker’s appeal request at the appeals department or the Board Appeal Tribunal (tribunal) level.
    4. A copy of any decisions issued by the appeals department or tribunal.
50. When the employer requests claim information during a worker’s appeal:
    1. A decision maker (for example, claims entitlement specialist, customer care facilitator, etc.) will identify which documents are relevant to the appeal. Copies are made only of those claim documents that are identified as relevant to the appeal. Copies may be redacted to block out private or irrelevant information.
    2. After identification by the decision maker, the copies will be compiled by operations staff. These will be provided to the worker by the means described in Point 36 along with a letter of initial notification that they have 15 business days from receipt of the letter to request a reconsideration of the copies to be provided to the employer. Any objections raised by the worker must be related to specific documents and be provided in writing with reasons given.
51. On the expiry of the notification period disclosure of information will be carried out in accordance with the procedure outlined in points 42-43.

Accuracy of Information

52. After reviewing copies of documents, workers or employers may submit to the WCB a written explanation of any matter they believe needs correction or submit additional related information to be included in the claim or employer account.
53. If the correction required involves markup or removal of claim documents, the number of documents and reason will be recorded in a memo on the claim, without revealing the information removed.

Collection of Personal Health Information

54. On occasion, as a result of requesting a worker’s personal health information from a health care provider to determine entitlement, the WCB may obtain more personal health information than necessary. After receiving and reviewing copies of documents, a worker or a worker’s representative may submit to the WCB a written explanation if they have a concern about personal health information collected.
55. The WCB staff responsible for the claim will:
    1. Review the medical documents to determine whether the personal health information collected is or is not relevant to determine entitlement for the worker’s injury claim. If health information is deemed to be relevant, it will remain on the worker’s electronic claim file.
    2. Delete all personal health information determined to be irrelevant from the worker’s electronic claim file. If the irrelevant personal health information is included within a relevant document, WCB staff will ensure the irrelevant information is redacted.
    3. Send the worker or the worker’s representative written notification, by express post, listing the documents which were removed from their file and a copy of each removed document. This will ensure that there is a record of the envelope, and a signature required on delivery. The letter will explain any changes in the requested documents and will be documented on the worker’s file. The list of any deleted documents will not be disclosed to the employer.
56. Any further objections raised by the worker must be provided in writing with reasons.
57. When the worker or employer indicates that their objections have not been resolved by the staff responsible for the claim, they will be advised to send a written complaint to the WCB’s privacy office via e-mail to privacyoffice@wcbsask.com.

FOIPP Access Requests

58. Any application for access to information which cites The Freedom of Information and Protection of Privacy Act (FOIPP) will be sent directly to the WCB’s privacy office.

Injured Worker Appeal Services

59. The Injured Worker Appeal Services will be provided with electronic access to claims, subject to a confidentiality agreement. In some cases, they will request copies of claim documents from the WCB. These will be double-enveloped and delivered via a suitable means of assured delivery.

File Information

60. The following types of documents do not properly form part of the claim or employer account. Copies of these documents should not be provided:
    1. Comments, advice or opinions concerning specific courses of action recommended by WCB’s legal counsel, privacy office, or external counsel.
    2. Opinions and recommendations of the Fair Practices Office.
    3. Working papers or notes taken by the tribunal members during a hearing or deliberation.
    4. Internal Audit investigation reports.
    5. The working papers or notes of an investigator of Internal Audit.
    6. Information provided for inquiries from Members of the Legislative Assembly or Members of Parliament.
61. Copies of documents identifying the source of information adversely affecting entitlement to benefits may be copied and sent, unless there is evidence that the security of that source may be at risk as a result. One criterion for judging this would be whether the security of WCB staff has been in question on this claim.
62. When a worker, worker’s representative or worker’s dependant requests a copy of their claim documents, documents containing sensitive medical information which could endanger the mental or physical health or the safety of the worker or another person will not be sent directly to the requestor. Instead, WCB Medical Services will send the report to the worker’s health care provider with a covering letter of explanation. The health-care provider will be asked to explain the contents of the medical report to the worker. When staff members are unsure if it is appropriate to send a copy of a sensitive medical report directly to the worker, the advice of Medical Services is to be sought.
63. When a worker, worker’s representative or worker’s dependant requests a copy of their claim documents, information which has a reasonable likelihood of harming the worker’s return to work process may be withheld and/or redacted (for example, the names of any witnesses).
64. Copies of documents on other claims for the same worker should be provided, when they are relevant to the issue(s) in dispute on the claim just decided.
65. Any initial objections to file disclosure will be considered by the staff responsible for the file disclosure. When objections are not resolved, the worker or employer will be advised to send a written complaint to the privacy officer via e-mail to privacyoffice@wcbsask.com or online through the WCB's Privacy Office contact form. PRO 19/2013, Information Complaints, will apply.