Workers compensation records are generally exempt, but must have been in possession of the Workers Compensation Board at some point to qualify for the exemption. See In Re New York Comm., 72 A.D.3d 153, 892 N.Y.S.2d 377 (1st Dep’t 2010) (holding that because City could not demonstrate that requested documents were at some point in possession of the Worker’s Compensation Board it failed to establish that records were exempt under the Workers Compensation Law).
When a correctional officer is injured, those portions describing the injuries will be exempt from accident reports. See Canty v. Office of Counsel, 30 Misc.3d 705, 913 N.Y.S.2d 528 (Sup. Ct. 2010) (exempting portions of accident reports of correctional officer describing officers’ injuries as medical records).