EXECUTIVE ORDER NO. 2008-02
WHEREAS, Executive Order 2007-16 was issued on September 20, 2007, and Executive Orders 2007-19 and 2007-20 were issued on October 24, 2007; and
WHEREAS, a temporary restraining order referencing these Executive Orders was issued on December 27, 2007, by the United States District Court for the District of South Carolina in the matter of Monaco v. South Carolina Workers’ Compensation Commission (Civil Action No. 6:07-4150-GRA); and
WHEREAS, the Complaint filed in the District Court action makes reference to confidential health care information of individual claimants; and
WHEREAS, the directives I issued to the Workers’ Compensation Commission regarding the submission of quarterly reports were not intended to elicit the disclosure of any workers’ compensation claimants’ personal and private information. The only objectives of obtaining regular reports from the Commission are to gather information to allow the Office of the Governor to monitor the Commission’s proper application of S.C. Code Ann. Section 42-9-30 and the case law which flows from it and to monitor compliance with Executive Order 2007-20. Any requests for information from me to the Commission must respect the privacy of all claimants as the Office of Governor has no interest or intent in learning any information that would identify them.
NOW, THEREFORE, I hereby direct the Commission to redact any and all personal identifying information of any claimant from any report, form or other information submitted by the Commission to the Office of the Governor pursuant to the previously referenced Executive Orders. Personal identifying information includes, but is not limited to: (1) the claimant’s name, address, phone numbers; (2) the employer’s name, address, phone numbers; and (3) the last two digits of the case number.
This Order supplements Executive Orders 2007-16, 2007-19, and 2007-20, which remain in effect as modified by this Order, and this Order shall take effect immediately.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 4th DAY OF JANUARY, 2008.
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