The Short Answer
An MSC5 report is the official form a mediator files with the North Carolina Industrial Commission after a workers' compensation mediated settlement conference. It documents whether the mediation was held, whether it resulted in a settlement, and the mediator's fees. The mediator — usually a licensed attorney familiar with workers' comp law — submits this form regardless of whether the mediation succeeded or failed. Most workers' compensation mediations in North Carolina do result in a resolution, so this form is filed frequently.
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.
Key Takeaways
- The MSC5 is filed by the mediator with the NC Industrial Commission after every workers' compensation mediated settlement conference, win or lose.
- The mediator is either assigned by the Industrial Commission or mutually selected by the attorneys involved in the case.
- Most mediators handling NC workers' compensation cases are licensed attorneys with specific experience in workers' comp law.
- The form captures three key pieces of information: whether the mediation was held, the outcome, and the mediator's fees.
- If mediation fails, the workers' compensation case moves forward toward a formal hearing before the Industrial Commission.
- The majority of NC workers' compensation mediations end in a settlement, making the MSC5 a routine part of the process.
