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Law Office of Stephen J. Dennis

Fighting for Rhode Island’s injured workers since 1990.

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Attorney argues for client’s right to access records

August 30, 2002 by johnmclaurin

Collins files at issue
(subscription required)

Stephen J. Dennis, attorney for Wendy Collins, today called attempts by Governor Almond’s office to seek a court opinion on giving employees access to their own personnel files “stonewalling”.

Collins, who was awarded a $75,000 settlement from the state, has now been subpoenaed to testify before a Providence County grand jury about an allegation that she dropped a previous sexual harassment lawsuit threat when she was given a $28,000-a-year state job.

In response to the subpoena, Collins requested her file.

Shortly after 3 p.m., Collins, 29, of Cranston, went to the state personnel and workers’ compensation division offices on the third floor of the Department of Administration building on Smith Hill.

Collins was accompanied by reporters from The Providence Journal, who first asked to

see the records under a regulation that allows the release of a workers’ compensation file provided the employee gives his or her written consent.” The newspaper had faxed a copy of the release to administration officials earlier [in the] week.

Collins then asked for her own records. Director of the Department of Administration Robert L. Carl, Jr. denied both requests.

The governor’s office refused to release the records even after a personal appeal by Collins and Dennis to Governor Almond’s legal staff.

Instead, Governor Almond’s office decided to take the issue to court under the pretext that the documents were being issued to the “public” rather than an individual employee.

The governor’s staff made available copies of the lawsuit and motion for expedited hearing they intend to file in Superior Court, in a bid for guidance on which documents the state can and cannot release to The Providence Journal and, potentially, others.

Collins’ attorney Stephen J. Dennis told the Journal

I think Ms. Collins has the right to obtain her own records. I don’t see why this is any different from any employee requesting their records.

Dennis continued,

It seems to me the governor is stonewalling and I don’t know why.

Source: The Providence Journal
August 30, 2002
page A1
(emphasis added)

Posted in Cases, Injured worker, Worker's Compensation | No Comments Yet

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    Providence , RI , 02903
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