IBEW Electrical Workers

Workers' Compensation ADR Program
California Statewide

NECA / IBEW Workers' Compensation Trust

The NECA / IBEW Workers' Compensation Trust ADR Program is administered by a balanced Board of Trustees comprised of six members. Like the NECA / IBEW health and welfare and pension plans, the Trustees are appointed by the International Brotherhood of Electrical Workers (IBEW) and by the National Electrical Contractors' Association (NECA).

Among other things, the Board of Trustees approves the lists of doctors and other vendors which can provide services to injured IBEW members. The Board selects the Ombudsman, mediators, and arbitrators that assist in answering injured workers' questions and resolve disputes.

ADR Program Ombudsman

The word "Ombudsman" is Scandinavian in origin and means one who investigates complaints, reports findings, and helps to achieve fair settlements (AOE, 2017, para. 13).

"The NECA/IBEW [ADR Program] has substantially benefited from its choice of ombudsman. They were able to hire an individual with immense knowledge of the workers' compensation industry who received no criticism from the injured workers we interviewed about their interaction with him" (Levine, Neuhauser, Reuben, Petersen, & Echeverria, 2002, p. 103).

Medical Care

Your alternative dispute resolution (ADR) program is designed to deliver high quality medical care and other workers' compensation benefits much faster, providing access to an impartial expert for information on issues that pertain to resolving your workers' compensation claim. It is our aim that claims are resolved and problems are solved without resort to lengthy and costly litigation.

The Board of Trustees is very concerned you obtain benefits which you are entitled and that you receive the quality medical care which will assist in returning you to your employment at the earliest possible time.

Prior to sustaining an injury, you may pre-designate your own doctor to treat you in case of a work injury. If you become unhappy with the medical treatment you are receiving, inform the insurance claims adjuster and/or the Ombudsman, because you can change from one treating doctor to another under certain circumstances (AOE, 2017, para. 11).

After your medical condition has plateaued (i.e., reached MMI status), your treating physician will evaluate the permanent effects of your injury. If you do not agree with your treating physician’s evaluation, you may contact the Ombudsman and request a Qualified Medical Evaluator (QME) evaluation. You will be able to choose a QME from a panel of 3 independent State certified QMEs. After your QME evaluation, the QME will provide an opinion of your medical condition in a written report that may or may not differ from the opinion of your treating physician (AOE, 2004, pp. 7-8).

Need Help?

You may find helpful information by viewing answers to frequently asked questions. However, please feel free to contact the ADR Ombudsman if you have any questions regarding your Workers' Compensation ADR Program, your medical services, or resolving your workers' compensation claim.

 


References

American Ombudsman Enterprises. (2004). Rules of the NECA / IBEW workers' compensation trust alternative dispute resolution program. Anaheim, CA: Author.

American Ombudsman Enterprises. (2017). Your collectively bargained workers' compensation alternative dispute resolution (ADR) program: NECA / IBEW workers' compensation trust ADR program [Brochure]. Anaheim, CA: Author.

Levine, D. I., Neuhauser, F. W., Reuben, R., Petersen, J. S., & Echeverria, C. (2002). Carve-outs in workers' compensation: An analysis of the experience in the California construction industry. Kalamazoo, MI: W.E. Upjohn Institute for Employment Research. ISBN: 9780880992381.

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