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Risk Metricks Corporation v. Indiana Compensation Rating Bureau and Indiana Worker's Compensation Board - 8/24/17

8/24/17 1:30 pm EST

1:30 p.m. 49A02-1609-PL-02083. This action began as a declaratory judgment cause filed by the Indiana Compensation Rating Bureau (Bureau) against Risk Metrics Corporation (n/k/a LexisNexis) and the Indiana Worker’s Compensation Board (Board) to prevent the Board from granting LexisNexis access to proof of coverage data for Indiana employers under the Indiana Access to Public Records Act (APRA). Upon completion of discovery, LexisNexis, the Bureau, and the Board each filed cross-motions for summary judgment, seeking a legal determination of whether the proof of coverage data is a public record subject to APRA.  The trial court decided in favor of the Board and Bureau and against LexisNexis. The trial court found no evidence that the data or records requested by LexisNexis are currently filed with the Board, and concluded that, to the extent the Board has access to the data requested by LexisNexis, it is because the Bureau voluntarily shares the proof of coverage data with the Bureau pursuant to a 2013 statute that makes such data confidential and not subject to public access.  The trial court additionally concluded that the proof of data coverage was not in the possession or control of the Board.

LexisNexis appealed the trial court’s summary judgment and now presents us with the following issue for review:

Whether, under the APRA, a public agency may deny public access to a statutorily-mandated record of that agency by relying on a third party to collect and maintain the information for the agency’s remote access.