1. A. The Commission orders that the following claims must be mediated prior to a hearing:

   1. (1) Claims for permanent and total disability arising under either Section 42-9-10 or Section 42-9-30(21);
   2. (2) Claims arising under Chapter 11 or Chapter 13 of Title 42, South Carolina Code of Laws;
   3. (3) Third-party lien reduction claims;
   4. (4) Contested death claims;
   5. (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. (6) Claims involving concurrent jurisdiction under the South Carolina Workers’ Compensation Act and the Federal Longshore and Harbor Workers’ Compensation Act.
2. B. In contested death claims, a Commissioner must make a finding that a good faith dependency investigation has been conducted and completed.
3. 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.
4. D. Unless an unrepresented claimant requests that the claimant’s case be mediated, the Commission shall not require mediation.

HISTORY: Added by State Register Volume 37, Issue No. 6, eff June 28, 2013. Amended by SCSR 42-2 Doc. No. 4735, eff February 23, 2018.