(a) The Department of Labor shall establish an Ombudsman Program to assist injured or disabled employees, persons claiming death benefits, employers, and other persons in protecting their rights and obtaining information available under the Workers’ Compensation Law.
(b) Providing that the employer and the employee agree to participate in the benefit review conference, the ombudsmen shall meet with or otherwise provide information to injured or disabled employees, investigate complaints, and communicate with employers, insurance carriers, and health care providers on behalf of injured or disabled employees.
(c) Ombudsmen shall be Merit System employees and demonstrate familiarity with the Workers’ Compensation Law. An ombudsman shall not be an advocate for any person who shall assist a claimant, employer, or other person in any proceeding beyond the benefit review conference, but may, at all times, provide appropriate information regarding this chapter and rules and regulations promulgated thereunder.
(d) Each employer shall notify his or her employees of the ombudsman’s service in a manner prescribed by the Secretary of the Department of Labor. The notice shall include the posting of a notice in one or more conspicuous places. The secretary shall also describe clearly the availability of the ombudsman on the first report of accident form required by this article. The ombudsman shall give each employee with a lost-time accident claim written notice of workers’ compensation assistance that is available. The notice shall include a toll-free phone number for employees to reach an ombudsman.
(e) Ombudsmen may conduct benefit review conferences. A benefit review conference may be held between the parties involved in a dispute over any claim arising after January 1, 1993. Such benefit review conference shall be held only by agreement of the employer and employee and shall not be deemed mandatory. The secretary shall institute and maintain an education and training program for ombudsmen. The ombudsmen shall be trained in the principles and procedures of dispute mediation and the secretary may consult or contract with the federal Mediation and Conciliation Service or other appropriate organizations to accomplish this purpose.
(f) In conducting benefit review conferences, the ombudsman:
(1) Shall mediate disputes between the parties and assist with the claim consistent with this article and the policies of the department.
(2) Shall inform all parties of their rights and responsibilities under this article, especially in cases in which either party is not represented by an attorney or other representative. An employee shall be advised, in writing which shall be notarized, of his or her right to be represented by counsel and of his or her right to have any settlement of his or her claim reviewed by a court of competent jurisdiction at any time within 60 days after the date of the settlement and at the end of 60 days it shall be final and irrevocable.
(3) Shall ensure that all documents and information relating to the employee’s wages, medical condition, and any other information pertinent to the resolution of disputed issues are contained in the claim file at the conference, especially in cases in which the employee is not represented by an attorney or other representative.
(4) May reschedule a benefit review conference if he or she determines that available information pertinent to the resolution of disputed issues is not produced at the benefit review conference.
(5) May not take testimony but may direct questions to an employee, an employer, or a representative of an insurance carrier to supplement or clarify information in a claim file.
(6) May not make a formal record.
(7) May issue a statement with regard to an award of attorney fees in accordance with the amount as provided by Section 25-5-90.
(Acts 1992, No. 92-537, p. 1082, §37.)
Notes of Decisions
Ex Parte Se. Alabama Med. Ctr., 835 So. 2d 1042 (Ala. Civ. App. 2002).
· cites it 16× “[11] The main statutory provisions creating and describing the function of ombudsmen are Ala.Code 1975, §§ 25-5-290 through -292 (Act No.”
Ex Parte Ford, 782 So. 2d 185 (Ala. 2000).
· cites it 10× “We granted the plaintiff Margaret Ford's petition for certiorari review to resolve a question of first impression, specifically, whether a settlement agreement entered into by a worker and her employer at a benefit-review conference conducted by an ombudsman in accordance with…”
Ex Parte Publix Super Markets, Inc., 963 So. 2d 654 (Ala. Civ. App. 2007).
“NOTES [1] Review may also be had, under certain circumstances, pursuant to the Ombudsman Program set forth in Article 11 of the Act, §§ 25-5-290 through -294, Ala.Code 1975. See § 25-5-77(i), Ala.”
Goodyear Tire & Rubber Co. v. Bush, 160 So. 3d 787 (Ala. Civ. App. 2014).
· cites it 2× “, Article 11 of the Act, § 25-5-290 through § 25-5-294].” In cases in which a party timely submits a settlement for approval by a circuit court, 3 the settlement becomes final and binding only once approved by the circuit court.”
Winn-Dixie Montgomery, Inc. v. Nipper, 865 So. 2d 432 (Ala. Civ. App. 2003).
· cites it 2× “The parties agreed to mediate their dispute through the Ombudsman Program, pursuant to § 25-5-290 through § 25-5-294, Ala.Code 1975.”
Mercy Med. v. Keao, 900 So. 2d 429 (Ala. Civ. App. 2003).
“NOTES [1] The purpose of the Department of Industrial Relations Ombudsmen Program is set out in § 25-5-290, Ala.Code 1975. [2] The physician's dictation following the worker's January 17 visit stated, in pertinent part: "Discussed with [the worker].”
Ala. Code § 25-5-290(a): 2 cases
Ex Parte Se. Alabama Med. Ctr., 835 So. 2d 1042 (Ala. Civ. App. 2002).
“[11] The main statutory provisions creating and describing the function of ombudsmen are Ala.Code 1975, §§ 25-5-290 through -292 (Act No.”
Ex Parte Ford, 782 So. 2d 185 (Ala. 2000).
“We granted the plaintiff Margaret Ford's petition for certiorari review to resolve a question of first impression, specifically, whether a settlement agreement entered into by a worker and her employer at a benefit-review conference conducted by an ombudsman in accordance with…”
Ala. Code § 25-5-290(b): 1 case
Ex Parte Se. Alabama Med. Ctr., 835 So. 2d 1042 (Ala. Civ. App. 2002).
“[11] The main statutory provisions creating and describing the function of ombudsmen are Ala.Code 1975, §§ 25-5-290 through -292 (Act No.”
Ala. Code § 25-5-290(c): 1 case
Ex Parte Se. Alabama Med. Ctr., 835 So. 2d 1042 (Ala. Civ. App. 2002).
“[11] The main statutory provisions creating and describing the function of ombudsmen are Ala.Code 1975, §§ 25-5-290 through -292 (Act No.”
Ala. Code § 25-5-290(e): 2 cases
Ex Parte Se. Alabama Med. Ctr., 835 So. 2d 1042 (Ala. Civ. App. 2002).
“[11] The main statutory provisions creating and describing the function of ombudsmen are Ala.Code 1975, §§ 25-5-290 through -292 (Act No.”
Ex Parte Ford, 782 So. 2d 185 (Ala. 2000).
“We granted the plaintiff Margaret Ford's petition for certiorari review to resolve a question of first impression, specifically, whether a settlement agreement entered into by a worker and her employer at a benefit-review conference conducted by an ombudsman in accordance with…”
Ala. Code § 25-5-290(f): 1 case
Ex Parte Se. Alabama Med. Ctr., 835 So. 2d 1042 (Ala. Civ. App. 2002).
“[11] The main statutory provisions creating and describing the function of ombudsmen are Ala.Code 1975, §§ 25-5-290 through -292 (Act No.”
Ala. Code § 25-5-290(f)(2): 2 cases
Goodyear Tire & Rubber Co. v. Bush, 160 So. 3d 787 (Ala. Civ. App. 2014).
“, Article 11 of the Act, § 25-5-290 through § 25-5-294].” In cases in which a party timely submits a settlement for approval by a circuit court, 3 the settlement becomes final and binding only once approved by the circuit court.”
Ex Parte Ford, 782 So. 2d 185 (Ala. 2000).
“We granted the plaintiff Margaret Ford's petition for certiorari review to resolve a question of first impression, specifically, whether a settlement agreement entered into by a worker and her employer at a benefit-review conference conducted by an ombudsman in accordance with…”
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