South Carolina Code of Regulations
Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION
Article 18 - MEDIATION
Section 67-1802 - Mediation Required with Certain Claims
Universal Citation: SC Code Regs 67-1802
Current through Register Vol. 48, No. 9, September 27, 2024
A. The Commission orders that the following claims must be mediated prior to a hearing:
(1) Claims for permanent and total disability
arising under either Section
42-9-10
or Section
42-9-30(21);
(2) Claims arising under Chapter 11 or
Chapter 13 of Title 42, South Carolina Code of Laws;
(3) Third-party lien reduction
claims;
(4) Contested death
claims;
(5) Claims for stress,
mental injuries, and mental illness arising out of and in the course of
employment unaccompanied by physical injury, and resulting in mental illness or
injury; and
(6) Claims involving
concurrent jurisdiction under the South Carolina Workers' Compensation Act and
the Federal Longshore and Harbor Workers' Compensation Act.
B. In contested death claims, a Commissioner must make a finding that a good faith dependency investigation has been conducted and completed.
C. Except for contested death claims, the requirement for mandatory mediation applies only to claims where compensability of the accident is admitted by the employer/carrier.
D. Unless an unrepresented claimant requests that the claimant's case be mediated, the Commission shall not require mediation.
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