Current through Register Vol. 35, No. 11, June 11, 2024
Section 11.4.4.8 - OMBUDSMAN RULESA. An ombudsman shall provide information and facilitate communication regarding the act. An ombudsman is required to maintain a neutral position when providing information or facilitating communication. When responding to inquiries, an ombudsman shall:(1) confer with workers, employers, insurers, HCPs or other interested persons;(2) provide information or facilitate communication, when requested, about:(a) individual rights and responsibilities established by the act;(b) medical proof required to establish or deny the right to workers' compensation;(d) mediation conferences, related forms, and other administrative practices and procedures;(e) determination of disability;(f) the right to representation by a lawyer or the right to proceed as a pro se party; and(g) other disputes arising under the act;(3) help workers, employers, insurers, HCPs or other interested parties complete administrative forms for submission to the administration;(4) actively inquire into matters presented by workers, employers, insurers, HCPs or other interested persons. An ombudsman shall contact the parties involved and attempt to resolve the problem informally; and(5) refer all inquiries concerning uninsured employers to the WCA employer compliance bureau.B. When responding to inquiries, an ombudsman shall not: (1) practice law or give legal advice;(2) act as an advocate for any person;(3) attend a mediation conference as a representative of a party;(4) provide assistance to any party after the filing of a rejection of a recommended resolution;(5) provide assistance to a party represented by an attorney;(6) offer an opinion on whether to accept or reject a settlement offer or a recommended resolution; or(7) be called as a witness in a mediation conference or adjudication proceeding before a WCA judge.2/24/92, 6/1/96; 11.4.4.8 NMAC - Rn, 11 NMAC 4.4.8, 6/13/03, Adopted by New Mexico Register, Volume XXV, Issue 18, September 30, 2014, eff. 10/1/2014, Adopted by New Mexico Register, Volume XXVIII, Issue 22, November 28, 2017, eff. 1/1/2018, Adopted by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 1/1/2023