According to data collected by the National Council on Compensation Insurance, the average workers’ compensation claim reached $41,353 in the years 2019-2020, so you may have a lot at stake if the insurance company for your employer denies your workers’ compensation claim. Fortunately, you can try to reverse the decision through a mandatory settlement conference.
A MSC brings you and a representative from the insurer together in the hopes of reaching a mutually agreed resolution. While it is possible this proceeding may lead to a trial, other events could intervene to resolve your dispute more quickly.
The initial stages of a MSC permit you to negotiate with your claims adjuster. During the discussions, the judge assigned to the MSC may assist you by offering suggestions or alternative solutions.
If you and the opposing party reach a consensus on your compensation, you can draft a settlement agreement. This document outlines the agreed-upon terms and is a legally binding contract. All parties must carefully review the document before signing it.
Other resolution options
In some disputes, mediators facilitate discussions and bridge the gap between the parties. Other alternative dispute resolution methods such as arbitration may help you and the insurer reach a resolution outside of the formal trial process. Still, you should not feel pressured to take a disadvantageous route to resolving your dispute.
Continuation to trial
If you cannot reach a settlement through negotiation, the matter could proceed to a formal trial. The judge will evaluate the evidence provided during the MSC and make determinations based on the law and facts presented. Your evidence may include anything relevant to your case, including medical reports and testimony from witnesses.
According to California law, if you disagree with the outcome of the MSC, you may appeal once more through a Petition for Reconsideration. So between a MSC and a reconsideration petition, you have a variety of options in your quest to secure workers’ compensation.