Cagnoli v. Tandem Staffing and Specialty Risk Services Inc.

No. 1D03-5563 (Fla. Dist. Ct. App. Nov. 5, 2004) ; Clearinghouse Number: 55811

Description

Florida Law Requiring Social Security Number on Workers’ Compensation Benefit Application Violates Federal Privacy Act

Abstract

The Florida District Court of Appeals found that requiring applicants for workers’ compensation benefits to include a social security number on the petition violated the federal Privacy Act. Claimant challenged a compensation claims judge’s order striking his petition for failure to include a social security number. Employment and farmworker rights organizations argued as amici that the Privacy Act forbade any federal, state, or local government agency from denying any benefit to an individual for refusing to disclose a social security number, and the Act imposed disclosure requirements on any agency requesting social security numbers. Amici stress that undocumented immigrants explicitly were eligible for benefits under Florida’s workers’ compensation law, and the claims processing rule regarding social security numbers undermined the intent of the law. The appellate court found that the Privacy Act’s exception for record systems in place before 1975 did not apply because the relevant section of Florida’s workers’ compensation law was enacted in 1980. The court directed that claimant’s petition be reinstated.

Additional Information

Attorney Information
Appellant represented by JoNel Newman, Florida Legal Services, 3000 Biscayne Blvd., Suite 450, Miami, FL 33137 (telephone number: 305.573.0092); Rebecca Smith, National Employment Law Project, 407 Adams St. SE, Suite 203, Olympia, WA 98501 (telephone number: 360.534.9160).
Docket Date
2004-11-05 00:00:00+00:00

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