Mandatory settlement conference (MSC)

What an MSC is

A mandatory settlement conference is the WCAB conference at which a workers' compensation judge tries to resolve the case or, failing that, sets it for trial. The judge can approve a compromise and release or stipulated award at the conference (8 CCR 10759).

The rule and its deadlines

An MSC must be held not less than 10 days and not more than 30 days after a declaration of readiness is filed. If the dispute is not resolved, the regular hearing (trial) is held within 75 days of the DOR. If the case doesn't settle, the parties file a pretrial conference statement listing stipulations, issues, each side's proposed permanent disability rating, exhibits and witnesses. Discovery closes on the date of the MSC: evidence not disclosed or obtained by then is inadmissible unless the party shows it could not have been found with due diligence (Labor Code section 5502(d)). The parties must meet and confer before the conference (8 CCR 10759).

Why it matters to an applicant firm

The MSC is a hard stop. Every medical report, wage record, deposition and rating the firm wants at trial has to be in hand and listed by that date. Firms work back from the MSC date: last supplemental report request, last subpoenaed records, and the exhibit list. A judge may continue an MSC for good cause, but the firm shouldn't plan on it.