As most people are aware, the Tennessee Workers” Compensation Reform took effect for injuries that occur on or after July 1, 2104.  Some of the changes were expected, but did you expect that a new party would be created that will significantly impact how you handle a claim?  Neither did I, but the Reform did just that and created the Ombudsman.  Before you start negotiating your first post July 1, 2104 claim, here are the details you need to know.

The Workers’ Compensation Ombudsman Program provides assistance to employees, employers or any other party in a workers’ compensation claim that is not represented by legal counsel. Any party that is not represented by legal counsel may request the services of a workers’ compensation Ombudsman by contacting the Division at its toll-free phone number—1-800-332-2667.

An Ombudsman shall have authority including, but not limited to:

• Meeting with and providing information to parties not represented by legal counsel;
• Communicating with all parties and providers in the claim;
• Assisting the parties in the completion of forms;
• Facilitating the exchange of medical records; and
• Investigating and attempting to resolve disputes without resorting to the Division’s Alternative Dispute Resolution Process and/or the Court of Workers’ Compensation.

While an Ombudsman cannot provide legal advice, an Ombudsman can:

• Provide information on workers’ compensation laws and the Division’s policies, practices, procedures, and rules;
• Inform participants of their rights and obligations under the law; and
• Assist participants in completing forms, obtaining medical records and scheduling appointments.

IMPORTANT NOTES:

• An Ombudsman cannot be called to testify in any proceeding and no statement or representation made to an Ombudsman shall be considered by a Workers’ Compensation Judge for any purpose.
• If a person or entity receiving the services of an Ombudsman obtains legal counsel in the case or dispute for which the services of an Ombudsman were sought, the person or entity shall immediately notify the Division of the representation and shall discontinue use of the services provided by an Ombudsman.