Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.2 - Procedure to Controvert

Current through June 25, 2024
A.
Claimant
				Represented by an Attorney
An Employee's attorney may controvert a claim by filing with
				  the Commission a properly executed Petition to Controvert, Form B-5,11. This
				  document shall be filed electronically with the Commission through the Attorney
				  Transmittal Online System (ATOS). In all claims in which no benefits, including
				  disability, death, and medical benefits, have been paid, the Claimant shall
				  file medical records in support of his claim for benefits within sixty days of
				  filing a Petition to Controvert. Absent good cause shown, Claimant's failure to
				  file medical records in support of his claim for benefits in accordance with
				  this rule may result in dismissal of the claim or other sanctions.
A Claimant's attorney preparing to file a Petition to
				  Controvert shall (a) locate the proper Commission claim file number by using
				  Claimant's name/social security number to check the "First Report of Injury"
				  portal on the Commission web site for a non-controverted file that appears to
				  reference the same injury; (b) determine whether the Employer had workers'
				  compensation insurance coverage on the date of the injury by checking the
				  "Proof of Coverage" portal on the Commission web site; (c) list only one date
				  of injury per Petition to Controvert; (d) correctly identify the Employer,
				  county of injury and date of injury to prevent filing delays due to
				  misinformation; and (e) file an attorney employment/fee contract, if one is not
				  already on file.
If the Employer is uninsured, the Claimant shall include on
				  the Petition to Controvert the name and address of each owner of the Employer,
				  or, in the case of an uninsured corporation, the names and addresses of the
				  corporate president, secretary and treasurer pursuant to Miss. Code Ann. §
										71-3-83,
				  so the owners/officers will be given notice of the claim when filed and
				  afforded an opportunity to answer.
B.
Unrepresented Claimant
An Employee may controvert a claim by filing with the
				  Commission a properly executed Petition to Controvert, Form B-5,11. This
				  document shall be mailed to the Commission. The Claimant shall file medical
				  records in support of his claim for benefits within sixty days of filing a
				  Petition to Controvert. Claimant's failure to file medical records in support
				  of his claim for benefits may result in dismissal of the claim or other
				  sanctions.
C.
Employer or Carrier
An Employer or Carrier may controvert its liability to pay a
				  claim by filing a Notice of Controversion, Form B-52, pursuant to Miss. Code
				  Ann. §
										71-3-37(4).
				  Employer or Carrier shall simultaneously mail or personally deliver a copy of
				  the Notice of Controversion to the Employee at the Employee's most current
				  address which can be determined by diligent inquiry or, if the Employee is
				  represented, to his or her attorney through ATOS or by mail. Commission Form
				  B-18, Notice to Employee of Suspension of Payment, shall suffice as notice of
				  controversion if the Employer or Carrier has paid workers' compensation
				  disability benefits.
Miss. Code
				  Ann. §
										71-3-85.