Ohio § 4121.45

§ 4121.45.

(A) There is hereby created a workers' compensation ombudsperson system to assist claimants

and employers in matters dealing with the bureau of workers' compensation and the

industrial commission.  The industrial commission nominating council shall appoint a chief ombudsperson.  The chief ombudsperson, with the advice and consent of the nominating council, may

appoint such assistant ombudspersons as the nominating council deems necessary.  The position of chief ombudsperson is for a term of six years.  A person appointed to the position of chief ombudsperson shall serve at the pleasure

of the nominating council.  The chief ombudsperson may not be transferred, demoted, or suspended during the

person's tenure and may be removed by the nominating council only upon a vote of not

fewer than nine members of the nominating council.  The chief ombudsperson shall devote the chief ombudsperson's full time and attention

to the duties of the ombudsperson's office.  The administrator of workers' compensation shall furnish the chief ombudsperson

with the office space, supplies, and clerical assistance that will enable the chief

ombudsperson and the ombudsperson system staff to perform their duties effectively.  The ombudsperson program shall be funded out of the budget of the bureau and the

chief ombudsperson and the ombudsperson system staff shall be carried on the bureau

payroll.  The chief ombudsperson and the ombudsperson system shall be under the direction

of the nominating council.  The administrator and all employees of the bureau and the commission shall give

the ombudsperson system staff full and prompt cooperation in all matters relating

to the duties of the chief ombudsperson. (B) The ombudsperson system staff shall: (1) Answer inquiries or investigate complaints made by employers or claimants under this

chapter and Chapter 4123. of the Revised Code as they relate to the processing of

a claim for workers' compensation benefits; (2) Provide claimants and employers with information regarding problems which arise out

of the functions of the bureau, commission hearing officers, and the commission and

the procedures employed in the processing of claims; (3) Answer inquiries or investigate complaints of an employer as they relate to reserves

established and premiums charged in connection with the employer's account; (4) Comply with Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code and the nominating council's human resource and ethics policies; (5) Not express any opinions as to the merit of a claim or the correctness of a decision

by the various officers or agencies as the decision relates to a claim for benefits

or compensation. For the purpose of carrying out the chief ombudsperson's duties, the chief ombudsperson

or the ombudsperson system staff, notwithstanding sections 4123.27 and 4123.88 of the Revised Code , has the right at all reasonable times to examine the contents of a claim file and

discuss with parties in interest the contents of the file as long as the ombudsperson

does not divulge information that would tend to prejudice the case of either party

to a claim or that would tend to compromise a privileged attorney-client relationship,

physician-patient relationship, or advanced practice registered nurse-patient relationship. (C) The chief ombudsperson shall: (1) Assist any service office in its duties whenever it requires assistance or information

that can best be obtained from central office personnel or records; (2) Annually assemble reports from each assistant ombudsperson as to their activities

for the preceding year together with their recommendations as to changes or improvements

in the operations of the workers' compensation system.  The chief ombudsperson shall prepare a written report summarizing the activities

of the ombudsperson system together with a digest of recommendations.  The chief ombudsperson shall transmit the report to the nominating council. (3) Comply with Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code and the nominating council's human resource and ethics policies. (D) No ombudsperson or assistant ombudsperson shall: (1) Represent a claimant or employer in claims pending before or to be filed with the

administrator, a district or staff hearing officer, the commission, or the courts

of the state, nor shall an ombudsperson or assistant ombudsperson undertake any such

representation for a period of one year after the ombudsperson's or assistant ombudsperson's

employment terminates or be eligible for employment by the bureau or the commission

or as a district or staff hearing officer for one year; (2) Express any opinions as to the merit of a claim or the correctness of a decision

by the various officers or agencies as the decision relates to a claim for benefits

or compensation. (E) The chief ombudsperson and assistant ombudspersons shall receive compensation at

a level established by the nominating council commensurate with the individual's background,

education, and experience in workers' compensation or related fields.  The chief ombudsperson and assistant ombudspersons are full-time permanent employees

in the unclassified service of the state and are entitled to all benefits that accrue

to such employees, including, without limitation, sick, vacation, and personal leaves.  Assistant ombudspersons serve at the pleasure of the chief ombudsperson. (F) In the event of a vacancy in the position of chief ombudsperson, the nominating council

may appoint a person to serve as acting chief ombudsperson until a chief ombudsperson

is appointed.  The acting chief ombudsperson shall be under the direction and control of the nominating

council and may be removed by the nominating council with or without just cause.