45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO WORKERS' COMPENSATION; ELIMINATING THE PERIOD OMBUDSMEN MUST WAIT BEFORE BEING EMPLOYED IN OTHER POSITIONS BY THE WORKERS' COMPENSATION ADMINISTRATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 52-5-1.4 NMSA 1978 (being Laws 1990 (2nd S.S.), Chapter 2, Section 64) is amended to read:

"52-5-1.4. OMBUDSMAN PROGRAM.--

A. The director shall establish an ombudsman program to assist injured or disabled workers, persons claiming death benefits, employers and other persons in protecting their rights and obtaining information available under workers' compensation and occupational disease disablement laws.

B. An ombudsman shall meet with or otherwise provide information to injured or disabled workers, investigate complaints and communicate with employers, insurance carriers and health care providers on behalf of injured or disabled workers. An ombudsman shall otherwise assist unrepresented claimants, employers and other parties to enable them to protect their rights in the workers' compensation and occupational disease disablement system. At least one specially qualified employee in each location that the administration has an office shall be designated by the director as an ombudsman, and duties described in this section shall be that person's primary responsibility. The director may designate additional ombudsmen and assign them as he deems appropriate.

C. An ombudsman need not be an attorney but shall demonstrate familiarity with workers' compensation and occupational disease disablement laws. [Any person employed as an ombudsman shall be ineligible to hold any other position in the administration for at least five years from the date of leaving the position of ombudsman.]

D. An ombudsman shall not be an advocate for any person and shall restrict his activities to providing information and facilitating communication. An ombudsman shall not assist a claimant, employer or any other person in any proceeding beyond the informal conference held pursuant to Section 52-5-5 NMSA l978.

E. Each employer shall notify his employees of the ombudsman service in a manner prescribed by the director. [Such] This notice shall include the posting of a notice in one or more conspicuous places. The director shall also describe clearly the availability of the ombudsmen on the first report of accident form required under Section 52-l-58 NMSA l978, or the first report of disablement form required under Section 52-3-5l NMSA l978."