I am requesting full and complete disclosure of any and all information held by, generated by, and/or known to the Workers’ Compensation Board, or anyone acting on the Board’s behalf, or providing information to the Board relating to me, or my claims in any way, by any reference, including, but not exclusive to, name, WCB Claim #, SIN #, and/or MSP #.

It is my right to full and complete disclosure of any and all information about me and/or related to me regardless of the perceived importance or insignificance.

All information requested is to include a clear copy of all claims records, including, but not limited to, the main claim file, working files, sub-files, administrative files, Executive Board files, WCB Security files, Field Investigation files, copies of file jackets, case books, unit medical advisor’s clinical notes, medical consultant’s clinical notes, reminder action notes, e-mail, "T" coding, instructions, documents received, file tracking and control records, system file movements history inquiry, critical routing slips, print-outs of computer data files, secondary level information, raw data, rough drafts, notes, memos, dictations, recordings, x-rays, MRIs, CT scans, test results, any and all information held apart from the main claim file, any and all information as listed in the B.C. Directory of Records, and/or any other means of collecting, storing, or transferring information.

Disclosure of information should include a cover sheet providing a record identifying all information disclosed, as well as identifying all information withheld or severed, and a listing of the location of any and all information generated by the Workers’ Compensation Board which has not been maintained in Board records.

Should any information be no longer available I am requesting confirmation that it has been destroyed, or is unobtainable for some other specifically noted and verified reason.

I am also requesting that an explanatory legend of any coding used be provided at the time of disclosure.

Information disclosed should be provided in a clear and legible form, which includes any high-lighting.

High-lighting constitutes a modification of information, and asserts a purposeful influence over others reviewing information for the purpose of decision making and therefore high-lighting itself forms an integral part of the record.

It is to be clearly understood that the request for information related to this response is being made under the Freedom of Information and Protection of Privacy Act and is subject to the terms and conditions set out in the Act and may not be deferred in whole or in part to Records Management in accordance with the Workers’ Compensation Board’s ordinary course of business procedure.

Disclosure provided in accordance with procedures normally followed by the Records Management Department have been proven not to be in compliance with the Freedom of Information and Protection of Privacy Act nor to satisfy the requirements for legal disclosure to a party to a proceeding for the purpose of appeal.

Although the FOI office may require assistance from Records Management the responsibility for responding to a request in full compliance with the Freedom of Information and Protection of Privacy Act remains with the FOI office acting on behalf of the head of the public body and includes claim file information as any and all information held by, generated by, and/or known to the Workers’ Compensation Board, or anyone acting on the Board’s behalf, or providing information to the Board relating to me, or my claims in any way, by any reference, including, but not exclusive to, name, WCB Claim #, SIN #, and/or MSP #.

The WCB has consistently refused requests for ongoing disclosure of information over a number of years and continues to maintain that policy, voluntarily electing to act as the sole keeper and distributor of information, even through-out the legal appeal process.

This practice not only seriously affects a claimants rights to timely disclosure of information, and affects their ability to properly prepare for appeal while at the same time remaining in compliance with time restrictions imposed by the Board and related appellant bodies, but more importantly, hinders the claimants rights and ability to become, and remain knowledgeable about attention to, and/or actions taken on their claim file.

Furthermore, disclosure through Records Management is inconsistent and does not normally include file tracking records or a copy of the file jacket, which on review have proven to reveal attention to the file by Board officers unknown to the claimant, and who are not noted or identified elsewhere in the file.

Records Management staff have gone on the record as being unaware of the location or existence of any information held apart from the main claim file in numerous sub-files, and confirmed they make no attempt to seek out that information for disclosure.

To compound this problem, when file tracking records are demanded through the Freedom of Information and Protection of Privacy Act they are provided in coded form and the Board refuses to provide the information in decoded form or provide the key for translation.

It is the responsibility of the head of the public body to ensure that information is gathered and maintained in compliance with the Freedom of Information and Protection of Privacy Act and to assist an applicant in gaining access to information to ensure full and complete disclosure. The Board as no authority to shift responsibility for file tracking to the claimant/applicant, and it would be unreasonable to expect a claimant/applicant to possess such knowledge given the Boards prohibitively restrictive policies.

I will, in the interest of co-operation and expediency attempt to assist the Board in seeking out information held apart from the claim file, however I am requesting that the Board immediately forward up-to-date file tracking records, in decoded form, noting dates and times of attentions to the file and clearly identifying names, positions, and locations of Board officers indicated therein.

Without this information I will be unable to confidently offer assistance in tracking missing information.

It is to be clearly understood that this is a voluntary undertaking on my behalf and does not relieve or absolve the Board from its responsibilities under the Freedom of Information and Protection of Privacy Act, nor is it to be construed as an agreement to any extension of time for providing disclosure other than as set out in Part 2, Division 1, Sections 7, 10 and 11 of the Freedom of Information and Protection of Privacy Act.

In summary it is to be understood that the Board has no authority to arbitrarily exclude all or part of any records from the Freedom of Information and Protection of Privacy Act and that all records under the care and control of the WCB of BC, regardless of classification, are covered under the scope of a Formal FOI request as set out in the Act, and that the Board has no authority to require an applicant to submit separate requests to individual sections, departments, service delivery locations, or any other structural divisions.

It is to be further understood that the Board has no authority to refuse access under the Act on the basis that the applicant may or may not have had an appealable decision rendered, or may or may not have an appeal pending, nor is the Information and Privacy Commissioner or his delegated officers empowered to authorise such a practice.

You are further advised that records subject to review and / or severing may not be categorized as 'routinely disclosable' and therefore Claim Files do not qualify as such under the Act.

You are further advised that requests received subsequent to the initial request are to be accepted as a 'Formal FOI Request for UPDATED Information' and not intended to be repetitive.

You are reminded that compliance with the Freedom of Information and Protection of Privacy Act requires that you provide disclosure within thirty (30) days of receipt of this notice of request.