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In the realm of Georgia workers' compensation, the WC-100 form plays a crucial role in facilitating the settlement mediation process. This document is essentially a request for settlement mediation and is submitted to the Georgia State Board of Workers' Compensation when parties involved in a workers' compensation claim wish to explore the possibility of settling. The form encompasses several key sections, starting with comprehensive identifying information that includes the names and contact details of the employee, employer, and any insurers or parties of interest. Additionally, details about the claim itself, such as the date of injury, county where the injury occurred, and specifics about the involved parties' legal representation, are required. The WC-100 form also inquires about specific aspects of the claim, such as whether it involves a Medicare Set-Aside arrangement, relates to a catastrophic injury, or implicates the Subsequent Injury Trust Fund. A significant component of this form is the certification section, where parties affirm their agreement to engage in mediation with the genuine intention of reaching a settlement, ensuring they have or will obtain the necessary authority based on a good faith assessment of the claim. The form culminates in an entry of appearance and a certificate of service, mandating the acknowledgment of a valid fee contract and the assurance that all relevant parties have received a copy of the mediation request. This document underscores the collaborative effort and preparation required for mediation, signaling a move towards potentially resolving disputes outside the courtroom in a manner that benefits all involved parties.

Form Sample

WC-100 SETTLEMENT MEDIATION REQUEST

GEORGIA STATE BOARD OF WORKERS' COMPENSATION

REQUEST FOR SETTLEMENT MEDIATION

Board Claim No.

Employee Last Name

Employee First Name

M.I.

SSN or Board Tracking #

Date of Injury

A. IDENTIFYING INFORMATION

 

 

Name

 

 

 

 

 

 

Phone Number

 

County of Injury

 

EMPLOYER

 

 

 

 

 

EMPLOYEE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

Phone Number

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

State

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

State

Zip Code

Employee E-mail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer E-mail

 

 

 

 

INSURER /

 

Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SELF-INSURER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PARTY AT INTEREST

Name

 

 

 

 

 

 

Name

 

 

 

 

 

 

 

 

 

CLAIMS OFFICE

 

 

 

 

 

 

OR SITF

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

Phone Number

Address

 

 

 

Phone Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

State

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

State

Zip Code

Claims E-mail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Party E-mail

ATTORNEY FOR

Name

 

EMPLOYEE/CLAIMANT

 

 

 

ATTORNEY FOR

Name

 

EMPLOYER / INSURER

 

 

 

Address

 

 

 

Phone Number

Address

 

Phone Number

City

 

State

 

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GA Bar Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

State

Zip Code

Attorney E-mail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GA Bar Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B. SETTLEMENT REQUEST INFORMATION

 

Attorney E-mail

 

 

 

 

MSA Involved?

 

Catastrophic Injury Designation?

 

SITF Accepted Claim?

 

 

 

 

 

 

Yes

No

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C. CERTIFICATION

By the filing of this Request for Settlement Mediation, all parties certify that they agree to participate in mediation for the purpose of settlement of the above referenced claim(s). The parties hereby further certify that the employer/insurer or self-insurer has obtained, or will obtain by the date of the first setting of this matter, settlement authority based upon a good faith evaluation of this claim, and that all parties are otherwise prepared to go forward. If this claim involves a request for reimbursement from the Subsequent Injury Trust Fund, the parties hereby certify that the Fund has been made aware of the settlement conference or agrees to a settlement conference and has been provided with all necessary documentation.

D. ENTRY OF APPEARANCE

I hereby certify to the existence of a valid fee contract in compliance with Board Rule 108 or Form WC 102B filed in compliance of Board Rule 102. (A fee contract or Form WC 102B has been filed previously or is attached).

E. CERTIFICATE OF SERVICE

I hereby certify that I have today sent a copy of this form to all of the parties named above and have sent this form to the State Board of Workers' Compensation, 270 Peachtree St., NW, Atlanta, Georgia 30303-1299.

Signature of Employee Representative

Date

Signature of Employer/Insurer Representative

Date

Print Name and Telephone Number Here

Print Name and Telephone Number Here

E-mail

E-mail

IF YOU HAVE QUESTIONS PLEASE CONTACT THE STATE BOARD OF WORKERS’ COMPENSATION AT 404-656-3818 OR 1-800-533-0682 OR VISIT http://www.sbwc.georgia.gov

WILLFULLY MAKING A FALSE STATEMENT FOR THE PURPOSE OF OBTAINING OR DENYING BENEFITS IS A CRIME SUBJECT TO PENALTIES OF UP TO $10,000.00 PER VIOLATION (O.C.G.A. §34-9-18 AND §34-9-19).

WC-100

REVISION . 07/2011

100

SETTLEMENT MEDIATION REQUEST

File Overview

Fact Name Description
Document Purpose This form is used to request settlement mediation under the Georgia State Board of Workers' Compensation.
Governing Law It is governed by the Georgia Workers' Compensation Act, specifically outlined in O.C.G.A. §34-9-18 and §34-9-19 regarding penalties for false statements.
Key Sections Includes sections for identifying information, settlement request information, certification, entry of appearance, and certificate of service.
Mediation Aim The mediation aims to settle claims between employees and employers/insurers through mutual agreement.
Certification Requirement Parties are required to certify readiness for mediation and that the employer/insurer has obtained settlement authority based on a good faith claim evaluation.
Penalties for False Statements Making false statements for the purpose of obtaining or denying benefits is a crime, with penalties up to $10,000.00 per violation.

Guide to Using Georgia Wc 100

Filling out the Georgia WC-100 Settlement Mediation Request form is an essential step in seeking mediation for a workers' compensation claim. This process aids in possibly settling disputes between employees and employers or insurers regarding a compensation claim. Understanding and completing this form correctly helps ensure that the request for mediation is appropriately registered with the Georgia State Board of Workers' Compensation. Here's a step-by-step guide to assist in filling out the form accurately.

  1. Start with Section A. IDENTIFYING INFORMATION.
    • Enter the Board Claim Number, Employee's Last Name, First Name, M.I. (Middle Initial), and SSN (Social Security Number) or Board Tracking Number.
    • Next, fill in the Date of Injury, Name of the Employer, Phone Number, and County of Injury.
    • For both the EMPLOYEE and the EMPLOYER, provide Addresses, Phone Numbers, City, State, Zip Codes, and E-mail addresses.
  2. Move on to the INSURER/SELF-INSURER/PARTY AT INTEREST section.
    • Fill in the Name, Address, Phone Number, City, State, Zip Code, and E-mail for the Claims Office or SITF, and the Party at Interest.
  3. In the ATTORNEY FOR EMPLOYEE/CLAIMANT and ATTORNEY FOR EMPLOYER / INSURER sections.
    • Provide the Names, Addresses, Phone Numbers, City, State, Zip Codes, GA Bar Numbers, and E-mail addresses for the attorneys involved.
  4. For Section B. SETTLEMENT REQUEST INFORMATION, indicate whether an MSA is involved, if there's a Catastrophic Injury Designation, and whether the SITF Accepted Claim with a simple "Yes" or "No".
  5. In Section C. CERTIFICATION, note the certification indicates agreement to participate in mediation and that necessary settlement authority has been obtained or will be obtained.
  6. Under Section D. ENTRY OF APPEARANCE, certify the existence of a valid fee contract in compliance with Board Rule 108 or Form WC 102B. Indicate whether the document has been filed previously or is attached.
  7. Section E. CERTIFICATE OF SERVICE requires the signature of the Employee Representative and Employer/Insurer Representative. Fill in the date, print names, and provide telephone numbers and E-mail addresses.

Once the form is completed, make sure to send a copy to all parties named in the form. It must then be submitted to the State Board of Workers' Compensation at the address provided on the form. Ensuring the form is filled out comprehensively and accurately is crucial for the mediation request to be processed smoothly. Remember, seeking legal guidance when unsure about any part of the process can help avoid errors that might delay mediation efforts.

Obtain Clarifications on Georgia Wc 100

  1. What is the WC-100 form in Georgia?

    The WC-100 form, officially known as the "Settlement Mediation Request," is a document used in the state of Georgia to request a mediation session for the settlement of a worker's compensation claim. This form plays a crucial role in facilitating discussions between the employee (or claimant), the employer, and potentially the insurer or self-insurer party, to negotiate a settlement regarding the worker's compensation claim.

  2. Who needs to fill out the WC-100 form?

    Any party involved in a worker's compensation claim who wishes to initiate mediation for the purpose of settling the claim should fill out the WC-100 form. This might include the employee (claimant), the employer, or the insurer/self-insurer, as well as their respective representatives or attorneys.

  3. What information is required on the WC-100 form?

    The form requires detailed information from all parties involved, including:

    • Identifying information such as names, addresses, phone numbers, and email addresses of the employee, employer, insurer/self-insurer, and attorneys.
    • The Board Claim Number, employee's last name, first name, middle initial, Social Security Number or Board Tracking Number, and the date of injury.
    • Details regarding the claim, such as whether an MSA (Medicare Set-Aside Arrangement) is involved, if the injury is designated as catastrophic, and if the SITF (Subsequent Injury Trust Fund) has accepted the claim.
  4. How is the WC-100 form submitted?

    After completely filling out the form, the requesting party must certify it by signing, then serve a copy to all named parties and send the original to the State Board of Workers' Compensation. The address and contact information for submission are provided on the form itself.

  5. What does the certification section involve?

    In the certification section, all parties involved in the claim assert their commitment to participate in the mediation process. They confirm that the employer/insurer or self-insurer will have, or will obtain, the necessary settlement authority based on a good faith evaluation of the claim. This section ensures that all parties are prepared and willing to proceed with the mediation for settlement.

  6. What is the significance of the Entry of Appearance section?

    The Entry of Appearance certifies the existence of a valid fee contract between the attorney and their client, in compliance with Board Rule 108 or Form WC 102B filed according to Board Rule 102. This ensures that any legal representation is officially recognized and adheres to the state's workers' compensation board's regulations.

  7. What does the Certificate of Service entail?

    This section is a declaration that the person filling out the form has delivered copies to all named parties and the State Board of Workers' Compensation. It's a crucial step for ensuring all parties are informed of the mediation request and that the board is notified for procedural compliance.

  8. Where can more information or help be found regarding the WC-100 form?

    For more information or assistance with the WC-100 form, parties can contact the State Board of Workers' Compensation directly via the phone numbers provided on the form or visit their official website. This can be helpful for clarifying any questions about the form or the mediation and settlement process.

  9. What are the penalties for providing false information on the WC-100 form?

    Willfully making a false statement on the WC-100 form for the purpose of obtaining or denying worker's compensation benefits is a serious offense. It's subject to penalties up to $10,000 per violation, emphasizing the importance of providing accurate and truthful information throughout the process.

Common mistakes

Filling out the Georgia WC-100 form, or the Settlement Mediation Request, is a critical step in requesting settlement mediation under the Georgia State Board of Workers' Compensation. However, individuals often encounter pitfalls during this process. Recognizing and avoiding these mistakes is essential for a smooth and efficient resolution to your claim.

  1. Incorrect or Incomplete Identifying Information: The section marked "A. IDENTIFYING INFORMATION" requires precise details about the employer, employee, and any insurers or self-insurers involved. Missing or incorrect information, such as typos in the social security number or board tracking number, can delay the process.
  2. Omitting Contact Details: Each party's contact information, including phone numbers, addresses, and email addresses, is vital. Failing to provide accurate and complete contact details can lead to communication breakdowns during the mediation process.
  3. Incorrect Classification of the Claim: The section "B. SETTLEMENT REQUEST INFORMATION" asks specific questions about the nature of the injury and claim, such as if it's a catastrophic injury or involves the Subsequent Injury Trust Fund (SITF). Misclassification here can affect the mediation and settlement procedures significantly.
  4. Failure to Certify: Part "C. CERTIFICATION" requires the certification from all parties that they agree to participate in mediation and have, or will have, the necessary settlement authority. Overlooking this step can stall the mediation process.
  5. Incomplete Attorney Information: If legal representation is involved, fully detailing the attorneys' information, including their Georgia Bar numbers and contact details, is crucial. Missing or incorrect details can complicate legal proceedings.
  6. Lack of Proper Certification of Service: The "E. CERTIFICATE OF SERVICE" part confirms that a copy of this form has been sent to all parties involved, as well as the State Board of Workers' Compensation. Failing to complete this certification can invalidate the request for mediation.

Avoiding these six mistakes can help ensure that your WC-100 form is processed efficiently and your request for mediation moves forward without unnecessary delays. Accurate and thorough completion of the form is key to advancing your settlement mediation under the guidance of the Georgia State Board of Workers' Compensation.

Documents used along the form

When navigating the landscape of workers' compensation in Georgia, the WC-100 form serves as a crucial document for initiating the process of settlement mediation. However, this form does not stand alone in the progression towards a resolution. Several other forms and documents typically accompany or follow the WC-100 form. Each of these plays a pivotal role in ensuring comprehensive communication and adherence to Georgia's workers' compensation procedures.

  • WC-14 Notice of Claim: This form is essential for initiating a workers' compensation claim. It requires detailed information about the employee, employer, and the nature of the injury or occupational disease. Filing this form with the State Board of Workers' Compensation starts the formal legal process of the claim.
  • WC-104 Employer’s Request for Hearing: Employers or insurers might use this document to request a hearing regarding an employee's entitlement to benefits, change in employee condition, or compliance with rehabilitation efforts. It's a critical step for parties seeking to modify or clarify the terms of workers' compensation benefits.
  • WC-108 Attorney/Representative Fee Approval: If an attorney represents a party in a workers' compensation case, this form is submitted for the approval of attorney fees. It outlines the agreement between the attorney and the client, ensuring transparency and compliance with state guidelines on representation costs.
  • WC-207 Authorization for Release of Medical Information: This form allows for the release and exchange of the claimant's medical records between authorized parties, including the employer, insurer, and healthcare providers. It's crucial for verifying the extent of injuries and determining appropriate compensation and medical treatment.

Together, these forms ensure a structured and efficient approach to workers' compensation claims in Georgia. From the initial claim to the settlement and beyond, they facilitate the required legal and procedural steps, enabling all parties involved to navigate the claims process more effectively. Handling these documents with care and attention to detail ensures a smoother path towards resolution and compliance with the Georgia State Board of Workers' Compensation regulations.

Similar forms

  • The WC-104 Form - Change of Condition for Better or Worse: Similar to the WC-100 form, it requires detailed identification of the parties involved, including employer, employee, and insurer details, and it is used within the Georgia Workers' Compensation system to report changes in the employee's work status due to injury.

  • WC-14 Notice of Claim: This form shares similarities with the WC-100 form in that it collects comprehensive identifying information of all parties involved (employer, employee, insurer) and outlines the specifics of the workers' compensation claim, including injury details and representation information.

  • WC-240 Form - Notice to Employee of Offer of Suitable Employment: Like the WC-100, the WC-240 form deals with protocol after an injury has occurred, including details about the employee, employer, and insurer, but it specifically focuses on the job offered to an injured worker suitable to their capabilities post-injury.

  • The State Board of Workers' Compensation Form WC-1, Employer’s First Report of Injury or Occupational Disease: It resembles the WC-100 form in the type of information gathered, such as employee and employer information, but focuses on initial injury reporting rather than mediation for settlement.

  • WC-108b Form - Attorney/Representative Withdrawal: This form, while unique in its purpose for attorney withdrawal, collects detailed party information (employee, employer, insurer) similar to the WC-100, emphasizing the structured legal representation aspect of workers' compensation cases.

  • Form WC-200a - Agreement Between Parties Prior to Hearing: Similar to WC-100 in that it involves agreement facilitation among the parties (employee, employer, insurer), this document is used to reach a consensus on certain issues before a hearing, avoiding mediation or litigation.

  • WC-207 Form - Authorization for Release of Medical Information: It relates to the WC-100 by involving the same parties in a workers' compensation claim and facilitating the process (in this case, the sharing of medical information), but it's specifically for authorizing release of medical records.

  • The Subsequent Injury Trust Fund (SITF) Forms: These forms are interconnected with the WC-100, especially in cases where the WC-100 refers to the SITF. They share a similarity in the need to provide exhaustive information about the claim, the injury, and the parties involved, for the purpose of evaluating or mediating claims involving pre-existing conditions.

Dos and Don'ts

Filling out the Georgia WC-100 Form is a crucial step in requesting settlement mediation for worker's compensation claims. Here are guidelines on what to do and what not to do during this process.

Do:

  • Double-check all provided information for accuracy. Ensuring the accuracy of every detail, such as contact information, social security numbers, and the date of injury, is essential. Incorrect information can delay the mediation process.
  • Clarify if a Medicare Set-Aside (MSA) is involved, if the injury is designated catastrophic, and if the Subsequent Injury Trust Fund (SITF) claim is accepted. These details are crucial for the mediation process and for determining the appropriate settlement.
  • Include complete contact information for all parties involved. This includes addresses, phone numbers, and email addresses for the employee, employer, insurer/self-insurer, claims office or SITF, and attorneys. This ensures all parties receive necessary notifications.
  • Ensure that all necessary signatures and certifications are completed. This includes the certification section and the certificate of service, confirming that a copy of the form has been sent to all parties and to the State Board of Workers' Compensation.

Don't:

  • Leave any sections incomplete. Failing to provide requested information may result in delays or the inability to proceed with the settlement mediation request.
  • Forget to verify settlement authority. Before filing, confirm that the employer/insurer or self-insurer has obtained, or will obtain, settlement authority based on a good faith evaluation of the claim. This is critical for a successful mediation.
  • Misrepresent information. Willfully making a false statement for the purpose of obtaining or denying benefits is a crime, subject to significant penalties. Ensure all information provided is truthful and accurate.
  • Omit the Certificate of Service. This certificate is crucial, as it proves that all parties involved have been notified of the mediation request. Failing to include this can invalidate your request.

Misconceptions

When it comes to navigating the workers' compensation system in Georgia, the WC-100 form plays a critical role in the settlement mediation process. However, there are several misconceptions that can confuse both employees and employers. Let's clear up some of these misunderstandings:

  • It's only for employees. A common misconception is that the WC-100 form is exclusively for the use of employees. In reality, this form is integral for both employees and employers, as it kickstarts the mediation process aimed at reaching a settlement in a workers' compensation claim.

  • It’s the final step in the claim process. Some might think that submitting a WC-100 form means you’re at the end of the claims process. In fact, it's a step towards resolution, but not necessarily the final step. Mediation helps parties reach a settlement; however, further actions may be required if an agreement isn't reached.

  • Legal representation isn’t necessary. While the form might seem straightforward, navigating the settlement mediation process can be complex. Having an attorney can provide valuable guidance and representation, especially to ensure fair treatment and agreement terms.

  • Submission means automatic mediation. Submitting a WC-100 form does request mediation, but it's important to remember that all parties must agree to participate and meet preparation requirements for the mediation to proceed effectively.

  • You can't withdraw a request for mediation. It's false to assume that once you submit a request for mediation through the WC-100 form, you're locked in. Parties can withdraw or modify their request under certain circumstances, typically through communication with the State Board of Workers' Compensation.

  • Any issue can be resolved through WC-100 mediation. While many disputes can be settled through mediation requested with the WC-100 form, there are limitations. Issues that fall outside of the scope of workers' compensation, for example, unrelated legal disputes, won’t be resolved in this mediation.

  • There's no need to notify other parties about the mediation request. Actually, part of the WC-100 form process includes a Certificate of Service, ensuring that all parties are informed of the mediation request. This is crucial for the transparency and fairness of the mediation process.

Understanding these nuances about the WC-100 Settlement Mediation Request form can help parties involved in a workers' compensation claim navigate the process more effectively. By debunking these misconceptions, employees and employers can work towards a fair and informed settlement.

Key takeaways

Filling out and using the Georgia WC-100 form is an essential step in the workers' compensation settlement mediation process. This document serves as a formal request for mediation with the aim of settling claims related to workplace injuries. Understanding the key takeaways of this process can significantly improve its efficiency and outcome. Here are five crucial aspects to keep in mind:

  • Complete Identifying Information: It's imperative to fill out all identifying information accurately. This encompasses details about the employee, employer, insurer or self-insurer party at interest, claims office or SITF (Subsequent Injury Trust Fund), and attorneys involved. Providing complete and accurate information facilitates smooth communication and process flow.
  • Include Settlement Request Information: The form requires specific details regarding whether a Medicare Set-Aside (MSA) is involved, if there's a Catastrophic Injury Designation, and whether the SITF has accepted the claim. Answering these questions accurately ensures the mediation request is processed correctly, addressing all necessary considerations.
  • Certification by All Parties: By filing the WC-100 form, all parties certify their agreement to participate in mediation with the intent to settle the claim. This commitment is vital as it confirms that all parties are prepared for mediation and that the employer/insurer or self-insurer has, or will obtain, the authority to settle based on a good faith evaluation of the claim.
  • Entry of Appearance and Compliance: The form requires a certification of a valid fee contract in compliance with Board Rule 108 or Form WC 102B filed in compliance with Board Rule 102. This ensures that all legal and procedural requirements are met, facilitating a smoother settlement process.
  • Certificate of Service: A Certificate of Service must be filed, indicating that a copy of the WC-100 form has been sent to all parties involved, as well as to the State Board of Workers' Compensation. This step is crucial for maintaining transparency and ensuring that all parties are duly informed and have the opportunity to prepare for mediation.

Finally, parties involved should be aware that willfully making a false statement for the purpose of obtaining or denying benefits is a crime that could result in penalties of up to $10,000.00 per violation. Therefore, honesty and accuracy in filling out the form are paramount. For any questions, contacting the State Board of Workers' Compensation is recommended.

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