Pursuant to Workers' Compensation Law Section 110-a:
3. Individual authorization. Notwithstanding the restrictions on disclosure set forth under subdivision one of this section, a
person who is the subject of a workers' compensation record may authorize the release, re-release or publication of his or
her record to a specific person not otherwise authorized to receive such record, by submitting written authorization for such
release to the board on a form prescribed by the chair or by a notarized original authorization specifically directing the
board to release workers' compensation records to such person. However, in accordance with section one-hundred twenty-
five of this article, no such authorization directing disclosure of records to a prospective employer shall be valid; nor shall
an authorization permitting disclosure of records in connection with assessing fitness or capability for employment be valid,
and no disclosure of records shall be made pursuant thereto. It shall be unlawful for any person to consider for the purpose
of assessing eligibility for a benefit, or as the basis for an employment-related action, an individual's failure to provide
authorization under this subdivision.
4. It shall be unlawful for any person who has obtained copies of board records or individually identifiable information from
board records to disclose such information to any person who is not otherwise lawfully entitled to obtain these records.
5. Any person who knowingly and willfully obtains workers' compensation records which contain individually identifiable
information under false pretenses or otherwise violates this section shall be guilty of a class A misdemeanor and shall be
subject upon conviction, to a fine of not more than one thousand dollars.
6. In addition to or in lieu of any criminal proceeding available under this section, whenever there shall be a violation of this
section, application may be made by the attorney general in the name of the people of the state of New York to a court or
justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than
five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining
and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby.
In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision
(a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall
determine that a violation of this section has occurred, the court may impose a civil penalty of not more than five hundred
dollars for the first violation, and not more than one thousand dollars for the second or subsequent violation within a three
year period. In connection with any such proposed application, the attorney general is authorized to take proof and make a
determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
OC-110A (12-17) REVERSE
Prescribed by the Chair, Workers' Compensation Board