Mediation is meeting between all parties to a claim to discuss its value with an unbiased third party known as a certified mediator. The goal of every mediation in a WC claim is to settle the claim before a formal hearing before the Commission. Mediation is mandatory in some SC claims and can voluntarily be agreed to in all. https://regulations.justia.com/states/south-carolina/chapter-67/article-18/section-67-1802/. Some actions where mediation is mandatory include permanent disability claims arising under §42-9-10 and §42-9-30(21) as well as mental-mental and occupational disease claims. Alternatively, parties are not required to mediate denied claims, regardless of the extent of the injuries, and pro se claimants are not required to mediate.
Regulations were recently enacted to govern the mediation process to ensure it does not unduly delay adjudication of a claim. SC Code Ann. Regs. 67-1801-1809. https://regulations.justia.com/states/south-carolina/chapter-67/article-18/ Regulations require parties to choose a mediator within 10 days of Form 50, 21, or 51 requesting mediation being filed. If parties cannot agree to a specific mediator, the Commission will appoint one to the claim. Mediation is supposed to held within 60 days, but extensions can be requested, if scheduling conflicts arise.
What to expect at mediation:
At mediation in a WC claim, every party (claimant and defendants) must have a representative available, besides their attorneys. An appearance can occur via phone. Party participation is important so that the mediation can achieve its purpose. Ultimately the goal is settlement. There are even penalties available if one party fails to mediate in good faith.
Mediation is an informal meeting where parties can speak freely. Therefore, it is often a time where some closure can occur after an accident. All negotiations and communications are confidential. Ultimately, the mediator cannot force the parties to agree to settle or make any binding decision in the claim.
Choosing the right mediator for a claim is critical. We use various local attorney who have been certified as mediators. Many of these professionals have practiced for decades on both sides of the WC system. They draw from their real world experience trying claims before the Commission.
I have mediated many claims. The process can be emotional for the injured worker. Often, it feels like the carrier is taking too long or does not understand the underlying accident. I trust the mediation process because I have seen it yield results. Results- that would not have been possible to achieve at a hearing. Your attorney can tell you if mediation is appropriate in your claim. https://www.kphippslaw.com/can-i-afford-an-attorney-to-represent-me-in-my-workers-compensation-claim/