An MSC5 report is the report from a mediator in a North Carolina worker’s compensation case. On this form, the worker’s compensation mediator reports on the results of the mediated settlement conference between the worker and his or her employer.

The mediator is a person assigned by the Industrial Commission or mutually chosen by the attorneys in the case. The majority of the time the mediator is a licensed attorney familiar with workers’ compensation laws. The mediator’s role is to attempt to come to a consensus or mediate the workers’ compensation case in which all parties hopefully come to a settlement before the case would proceed to an actual workers’ compensation hearing.

After the mediation, the mediator fills out Form MSC5 and returns it to the North Carolina Industrial Commission, regardless of the success or failure of the mediation.

In this form, the mediator reports whether the mediation was held, whether the mediation was completed, or why the mediation was not held. The mediator also reports the fees they should receive for the mediation in this North Carolina worker’s compensation case.

A majority of the North Carolina worker’s compensation mediated settlement conferences are successful in coming to a resolution of the case.

Once you have received the doctor’s permission to do so, you can attempt a trial return to work (for no longer than a nine month period).  What happens if you, on your trial return to work, realize your work related injury is still not allowing you to complete your job?  If your trial return is unsuccessful, you have the right to request that your compensation continue.  Once you stop working you would need to immediately fill out Form 28U; Employee’s Request that Compensation be Reinstated After Unsuccessful Trial Return to Work (G.S. 97-32.1).

Form 28U will tell your employer, the insurance carrier, and the Industrial Commission you are still suffering from your work related injury and cannot continue work.  You will have to fill out a section explaining when you came back to work, how long your trial period lasted, and the reason why you can no longer work.   You will then take this form to your treating physician who will sign it if they believe your workers’ compensation injury is preventing you from continuing your trial return to work.  If your trial return to work is through a different employer, you must also fill out the “Employee’s Release and Request for Employment Information” section as well.

When an employee files a Workers’ Compensation claim, there is a chance the claim can be denied. If it is denied, the employee or their medical provider can request a hearing with the Industrial Commission. To do this, they must fill out and submit either a Form 33 (Request that Claim Be Assigned for Hearing) or a Form 33I (Intervenor’s Request That Claim Be Assigned for Hearing). Within 45 days of receiving either of these two forms a Form 33R (Response To Request That Claim Be Assigned For Hearing) must be filed. The original form must be sent to the Industrial Commission and copies must be sent to all parties involved in the case.

Form 33R is to be filled out by the self-insured employee, insurance carrier or counsel for the defendant. This form must include a statement that explains the basis of the disagreement between the parties, including specific issues that are accepted or denied by either party. The date of the injury, the body part that was injured, and the city and county where the injury occurred must also be included on this form. This form also has a place to list the names and addresses of all witnesses who will need to testify at the hearing. When a hearing date is set, the subpoenas for these witnesses should be sent to the person who filed out Form 33R and that person will get them to the Sheriff’s office so that they can be delivered to the witnesses.