Does the Commission order all workers’ compensation cases to mediation?
Under the automatic referral procedures commenced during the 1996 97 fiscal year, whenever a party files a request for hearing in a workers’ compensation claim, the Dockets Section sends an Order for Mediated Settlement Conference to all parties along with the Commission’s acknowledgment letter. The only cases that are not automatically referred to mediation are claims against the state brought by prison inmates, which are excluded by law, expedited medical motions and administrative appeals. In addition, cases involving injured workers who are not represented by counsel are generally mediated only if all parties agree to mediate, and cases involving non-insured employers are generally mediated only if all parties agree to mediate and the Deputy Commissioner responsible for the adjudication of non-insured cases approves the parties’ request to refer such cases to mediation.
