44-5,110. Ombudsman program; qualifications and appointment of ombudsmen; special ombudsmen, contracts; dissemination of program information.

44-5,110

Chapter 44.--LABOR AND INDUSTRIES
Article 5.--WORKERS COMPENSATION

      44-5,110.   Ombudsman program; qualifications and appointment of ombudsmen;special ombudsmen, contracts; dissemination of program information.(a) The director of workers compensation shall establish anombudsman program within the division of workers compensation to assistinjured employees and persons claiming death benefits in obtaining benefitsunder the workers compensation act. The director shall employ qualified personsas ombudsmen for the program.

      (b)   Each ombudsman shall meet with or otherwise provide information toinjured employees, shall investigate complaints and shall communicate withemployers,insurance carriers and health care providers. An ombudsman may assistclaimants in mediation conferences and otherwise assistunrepresentedclaimants, employers and other parties to protect the rights of such partiesunder the workers compensation act.

      (c)   In cases of emergency, on a case-by-case basis, the director may enterinto contracts with trained mediators or other qualified persons to performservices under the ombudsman program as special ombudsmen. Each specialombudsman shall receive a fee commensurate with the services rendered inaccordance with the contracts for services. The fee for a special ombudsmanshall be taxed as costs in the claim to which the special ombudsman is assignedagainst the respondent.

      (d)   The director of workers compensation shallwidely disseminate information about the ombudsman program.

      History:   L. 1993, ch. 286, § 11;L. 1996, ch. 79, § 14; Apr. 4.