(a) A dispute may be resolved either in whole or in part at the benefit review conference. If the conference results in the resolution of some of the disputed issues by mutual agreement or in a settlement, the ombudsman shall reduce the agreement or the settlement to writing. The ombudsman and each party or the designated representative of the party shall sign the agreement or settlement. A settlement reached hereunder shall, unless otherwise provided herein, be effective on the date the settlement is signed unless one of the parties submits the settlement to the court for approval as provided in this article.
(b) An agreement signed pursuant to this section shall be binding on all parties through the final conclusion of all matters relating to the claim, unless within 60 days after the agreement is signed or approved the court on a finding of fraud, newly discovered evidence, or other good cause, shall relieve all parties of the effect of the agreement.
(c) If the dispute is entirely resolved at the benefit review conference, the ombudsman shall prepare a written report, which shall not be admissible into evidence in any court, that includes:
(1) A statement of each resolved issue.
(2) The ombudsman’s recommendations regarding the payment or denial of benefits.
(3) No permission of the court is required by an attorney to represent any party before an ombudsman.
(d) If there is a dispute as to which of two or more insurance carriers is liable for compensation for one or more compensable injuries, the ombudsman may issue an interlocutory order directing each insurance carrier to pay a proportionate share of benefits due pending a final decision on liability. The proportionate share shall be determined by dividing the compensation due by the number of insurance carriers involved.
(e) On final determination of liability, any insurance carrier that has been determined not to be liable for the payment of benefits is entitled to reimbursement from the share paid by the insurance carrier that has been determined to be liable.
(f) The ombudsman shall file the signed agreement and the report with the Department of Industrial Relations.
(Acts 1992, No. 92-537, p. 1082, §39.)
Notes of Decisions
Winn-Dixie Montgomery, Inc. v. Nipper, 865 So. 2d 432 (Ala. Civ. App. 2003).
· cites it 15× “Given the facts of this case, the language of § 25-5-292, Ala.Code 1975, and the arguments contained in the petitioner’s brief on appeal, I cannot say that the petitioner has demonstrated a clear legal right to the relief it seeks.”
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
· cites it 4× “The judgment recited that the parties had mediated those claims with the assistance of an ombudsman, see Ala.Code 1975, § 25-5-292(a), and that they reached a settlement agreement, which was attached to the judgment.”
Ex Parte Ford, 782 So. 2d 185 (Ala. 2000).
· cites it 5× “See § 25-5-292(a, b). A settlement agreement made at a benefit-review conference is "effective on the date the settlement is signed unless one of the parties submits the settlement to the court for approval as provided in this article [i.”
Ward v. Check Into Cash of Alabama, LLC, 981 So. 2d 434 (Ala. Civ. App. 2007).
· cites it 2× “NOTES [1] The Act also provides that the parties may resolve a workers' compensation dispute through a benefit-review conference overseen by an ombudsman, see Ala.Code 1975, § 25-5-292, or by settlement, see Ala.”
Goodyear Tire & Rubber Co. v. Bush, 160 So. 3d 787 (Ala. Civ. App. 2014).
· cites it 3× “Section 25-5-292 gives the parties 60 days to submit their settlement to a court for approval.”
Berry v. H.M. Michael, Inc., 993 So. 2d 1 (Ala. Civ. App. 2008).
“See § 25-5-292(a, b)[, Ala. Code 1975]. A settlement agreement made at the benefit-review conference is `effective on the date the settlement is signed unless one of the parties submits the settlement to the court for approval as provided in this article [i.”
Off. Max, Inc. v. Academy, Ltd., 129 So. 3d 300 (Ala. Civ. App. 2013).
· cites it 3× “Using the procedures under the ombudsman program as a guide, see Ala.Code 1975, § 25-5-292, 1 I encourage our legislature to amend the Workers’ Compensation Act, § 25-5-1 et seq.”
Stassi v. Dollar Tree Stores Inc (N.D. Ala. 2023).
“Code 1975, when the following conditions have been met: (1) the parties have reached a settlement agreement that has been approved by an ombudsman of the Alabama Department of Labor pursuant to § 25-5-292, Ala. Code 1975, and (2) the parties have filed in the circuit court the…”
— Ala. Code § 25-5-292(a) — 4 cases
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
“The judgment recited that the parties had mediated those claims with the assistance of an ombudsman, see Ala.Code 1975, § 25-5-292(a), and that they reached a settlement agreement, which was attached to the judgment.”
Winn-Dixie Montgomery, Inc. v. Nipper, 865 So. 2d 432 (Ala. Civ. App. 2003).
“Given the facts of this case, the language of § 25-5-292, Ala.Code 1975, and the arguments contained in the petitioner’s brief on appeal, I cannot say that the petitioner has demonstrated a clear legal right to the relief it seeks.”
Ex Parte Ford, 782 So. 2d 185 (Ala. 2000).
“See § 25-5-292(a, b). A settlement agreement made at a benefit-review conference is "effective on the date the settlement is signed unless one of the parties submits the settlement to the court for approval as provided in this article [i.”
Goodyear Tire & Rubber Co. v. Bush, 160 So. 3d 787 (Ala. Civ. App. 2014).
“Section 25-5-292 gives the parties 60 days to submit their settlement to a court for approval.”
— Ala. Code § 25-5-292(b) — 3 cases
Winn-Dixie Montgomery, Inc. v. Nipper, 865 So. 2d 432 (Ala. Civ. App. 2003).
“Given the facts of this case, the language of § 25-5-292, Ala.Code 1975, and the arguments contained in the petitioner’s brief on appeal, I cannot say that the petitioner has demonstrated a clear legal right to the relief it seeks.”
Ex Parte Ford, 782 So. 2d 185 (Ala. 2000).
“See § 25-5-292(a, b). A settlement agreement made at a benefit-review conference is "effective on the date the settlement is signed unless one of the parties submits the settlement to the court for approval as provided in this article [i.”
Goodyear Tire & Rubber Co. v. Bush, 160 So. 3d 787 (Ala. Civ. App. 2014).
“Section 25-5-292 gives the parties 60 days to submit their settlement to a court for approval.”
— Ala. Code § 25-5-292(f)(2) — 1 case
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
“The judgment recited that the parties had mediated those claims with the assistance of an ombudsman, see Ala.Code 1975, § 25-5-292(a), and that they reached a settlement agreement, which was attached to the judgment.”
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