North Carolina Industrial Commission Form MSC8 is a mediated or compromised settlement agreement. This mediated settlement agreement sets forth the terms of the settlement agreement in a workers’ compensation case in North Carolina. The agreement stipulates certain agreed upon facts of the case which may include, but is not limited to, the following topics:

1) Whether the Defendants admit or deny compensability of Plaintiff’s claim.

2) Employment status of the worker. For example, has the worker returned to work, or is the worker still out of work due to the injuries?

3) Compromise settlement agreement states the total sum in dollars paid to the worker for the injuries. In other words, the dollar amount settled in this case.

4) The fourth section talks about the injured worker’s ability to receive disability benefits until this settlement agreement is approved by the North Carolina Industrial Commission.

5) This section deals with medical payments. Is the injured worker aware if there is a settlement agreement, he or she may be responsible for all future medical expenses pertaining to this case? When signing a compromised settlement agreement the Plaintiff acknowledges they will no longer have their medical expenses covered by the Defendants.

6) The sixth section discusses potential liens. It explains the Plaintiff has not put the Defendants on notice of any liens against the settlement proceeds and explains the Defendants will not be responsible for any liens.

7) This section deals with other interest. Basically the parties agree that this is a fair settlement.

8) The eighth section pertains to third-party claims. For example, health insurance claims.

9) This section deals with the mediator’s fees. Most of the mediator fees are paid by the Defendants if a settlement is reached at mediation.

10) This section pertains to the fact that only written promises in this agreement will be relied upon by the Plaintiff, or injured worker. No oral or verbal promises will be relied upon by the Plaintiff. In other words, unless it is in writing, no promises have been made.

11) The final section explains that all parties are bound by the language in the settlement agreement.

Eventually, the Plaintiff / Worker’s attorneys, the Plaintiff / Worker, the Defendants’ attorneys, and the mediator signs this agreement binding all parties to the terms of the agreement. It is important that you carefully go over Form MSC8 or Mediated Settlement Agreement because it contains the final language of your settlement agreement with the Defendants.

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.