Commission adds mediator to expedite appeals

The South Carolina Workers’ Compensation Commission will soon make available to employers and injured workers a professional mediator to hear cases that have been appealed.  The pilot project, which is expected to continue for at least six months, is expected to reduce the backlog of appeals before the Full Commission.

Currently, it takes about four months for an appeal to be set and heard before a Full Commission panel.  The delay persists even though commissioners are holding four days of Full Commission review, instead of the traditional three days.  The agency hopes that adding a mediator will help in settling some cases that might otherwise go before the Full Commission.

The Commission is in the process of selecting a mediator and working out the details of the contract.  The agency is looking for someone with a strong background in workers’ compensation, and who is also neutral and independent of the Commission.

Once the mediator is in place, both parties to a case will be notified of the service as soon as a Form 30 is submitted.  The mediation service is entirely voluntary and, for now, will be paid for by the Commission.  A person with authority to settle the case must be present from each side.  A case under mediation would not lose its place on the docket.  If it settles before it reaches Full Commission, it will simply be removed from the docket. 

The new service would be different from mediation-type services performed by Deputy Commissioner Laverne Spry.  Mr. Spry conducts informal conferences before cases go  to individual commissioners.  The new mediator would hear cases that have been heard by a single commissioner and would otherwise then be heard by a Full Commission panel.