Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.10 - Review Hearings

Current through June 25, 2024
Any party seeking Commission review of a decision by an
				  Administrative Judge shall file a written request or petition for review with
				  the Secretary of the Commission within twenty (20) days of the date of the
				  Administrative Judge's decision. Any other party to the dispute may
				  cross-appeal by filing a written cross-petition for review within ten (10) days
				  after the petition for review is filed in the office of the Commission, except
				  that in no event shall a cross-appellant have less than twenty (20) days from
				  the date of decision or award within which to file a cross-petition for review.
Oral argument is not required and may, in the discretion of
				  the Commission, be granted if one or more of the parties file a written request
				  within fifteen (15) days after the date the petition for review is filed with
				  the Commission. The Commission may also ask the parties for oral argument.
				  Arguments of counsel will be limited to twenty (20) minutes for each party.
In any case pending for review before the Commission, a
				  party may submit a brief of law and fact. The brief may be in the form of a
				  letter or in the format required by the Supreme Court of Mississippi. The party
				  filing a brief shall file the original and two copies and serve a copy to
				  opposing parties. Briefs previously prepared for the Administrative Judge are
				  not a part of the record on review and are not considered by the Commission.
If a review hearing is scheduled before the Commission, any
				  party submitting a written brief shall file the brief with the Commission at
				  least five (5) business days before the hearing date. If a review hearing is
				  not scheduled before the Commission, the Commission will send all parties
				  written notice of the briefing schedule.
The parties filing a petition for review, cross-petition for
				  review or briefs shall certify that copies have been provided to the opposing
				  party; however, failure to file such certification shall not bar review of the
				  claim.
The record on review before the Commission shall consist of:
a) Any transcript of testimony before
				the Administrative Judge;
b)
				Exhibits admitted by the Administrative Judge;
c) Petition to Controvert and Amended
				Petitions to Controvert;
d)
				Answers and Amended Answers;
e)
				Required "B" forms to be filed with the Commission including the B-3, First
				Report of Injury form; B-18, Payment Notice form; and B-31, Notice of Final
				Payment form;
f) Motions with
				attachments and Responses to Motions with attachments;
g) Administrative Judge Orders;
h) Petitions for Settlement along with
				supporting documentation and Orders Approving Settlement;
i) Prehearing Statements (not including
				attachments) and Amended Prehearing Statements (not including
				attachments);
j) Petition for
				Review and Response to Petition for Review; and
k) Any additional documentation the
				Commission determines is necessary for inclusion into the record on review.
The record on appeal from the Commission to the Mississippi
				  Supreme Court shall consist of:
a) All
				of the above listed documents;
b)
				Motions (with attachments) and Responses to Motions (with attchments) filed
				before the Commission while on review;
c) Evidence admitted by the Commission on
				review; and
d) Commission Orders.
Miss. Code Ann. §
										71-3-85.