Question
I’m curious about workman compensation claims. Are they considered public information while they are still pending?
Answer
The answer to your question depends on where the claims are filed. If they are filed with a governmental agency, then the claims themselves would be considered public while they are pending. See Poway Unified School District v. Superior Court, 62 Cal. App. 4th 1496 (1998) (tort claim submitted to school district was a public record under the California Public Records Act and had to be disclosed even while claim was still “open,” or pending).
Conceivably, this might also apply if the claim involved a private employer whose workers’ compensation insurer was the State Compensation Insurance Fund (SCIF), a public enterprise fund and subject to the jurisdiction and control of the state Insurance Commissioner. An argument could be made that its records are also subject to the California Public Records Act.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.