2019 US Virgin Islands Code
Title 24 - Labor
Chapter 11 - Workers' Compensation Administration
§ 290. Dispute Resolution Unit (DRU), mediators, training and benefit review conference
(a) The Workers' Compensation Administration hereby establishes a Dispute Resolution Unit (DRU) among its staff, one of whom shall speak fluent Spanish. These staff persons shall be trained in the principles and procedures of dispute mediation and shall assist injured or disabled employees, persons claiming death benefits, employers, and other persons in protecting their rights and resolving disputes with respect to workers' compensation matters.
(b) Provided that the employer and the employee agrees to participate in a benefit review conference, the person shall meet with, or otherwise provide information to injured or disabled employees, investigate complaints, and communicate with employers and health care providers on behalf of injured or disabled employees.
(c) Employees in the DRU shall be classified employees and demonstrate familiarity with the Workers' Compensation Administration law.
(d) Each employer shall notify his or her employees of the DRU in a manner prescribed by the administrator of the Workers' Compensation Administration. The notice shall include the posting of a notice in one or more conspicuous places in the work place. The administrator shall also clearly describe the availability of the DRU on the first report of the accident form required by this chapter. The DRU shall provide each employee with a lost-time accident claim written notice of workers' compensation assistance that is available. The notice shall include a telephone number for employees to reach WCA Offices.
(e) The Administrator shall institute and maintain an education and training program for employees in the DRU. Training shall include the principles and procedures of dispute mediation. The administrator may consult or contract with the Federal Mediation and Conciliation Service or other appropriate organizations to accomplish this purpose.
(f) For the purposes of this chapter, a benefit review conference is a non-adversarial, informal dispute resolution proceeding designed to:
(1) explain, orally and in writing, the rights of the respective parties to a workers' compensation claim and the procedures necessary to protect those rights;
(2) discuss the facts of the claim, review available information in order to evaluate the claim, and delineate the disputed issues;
(3) mediate and resolve disputed issues by mutual agreement of the parties in accordance with this chapter and the rules and regulations of the Workers' Compensation Administration (WCA).
(g) Employees in the DRU may conduct benefit review conferences. In conducting these sessions, the employees of the DRU:
(1) shall mediate disputes between parties and assist with the claims consistent with this chapter and the policies of the WCA.
(2) shall inform all parties of their rights and responsibilities under this chapter, especially in cases in which a party is not represented by an attorney or other representative. The employee shall be advised in writing, which shall be notarized, of his or her right to be represented by counsel, and of his or her right to have any settlement of his or her claim reviewed by a court of competent jurisdiction at any time within sixty (60) days after the date of the settlement and at the end of sixty (60) days, it shall be final and irrevocable;
(3) shall ensure that all documents and information relating to the employee's wages, medical condition, and any other information pertinent to the resolution of disputed issues are contained in the claim file at the conference, especially in cases in which the employee is not represented by an attorney or other representative;
(4) may reschedule a benefit review conference if he or she determines that available information pertinent to the resolution of disputed issues is not produced at the first benefit review conference;
(5) may not take testimony but may direct questions to an employee, an employer, or any other party to supplement or clarify information in a claim file.
