Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.15 - Settlements and Mediation

Current through June 25, 2024
All matters pertaining to applications for lump sum payment
				  of benefits pursuant to Miss. Code Ann. §
									71-3-37(10);
				  requests for lump sum payment of attorney's fees pursuant to Miss. Code Ann.
				  §
									71-3-63;
				  requests for approval of compromise settlements pursuant to Miss. Code Ann.
				  § 71-329; and requests for approval of third-party settlements pursuant to
				  Miss. Code Ann. §
									71-3-71
				  shall be considered at the offices of the Commission by the Commission.
				  Proposed settlements and all applications for lump sums shall be electronically
				  filed through ATOS and shall be assigned to a Commissioner for review.
				  Unrepresented Claimants may file an application for lump sum payment of
				  benefits by mail.
At the Commission's discretion, the Commission may assign a
				  settlement to be reviewed by an Administrative Judge as deemed appropriate. A
				  settlement agreement or lump sum payment application approved by an
				  Administrative Judge shall have the same force and effect as one approved by
				  the Commission.
In all Miss. Code Ann. §
									71-3-29
				  compromise settlements and Miss. Code Ann. §
									71-3-71
				  third party settlements, where the Claimant is physically able, it shall be the
				  responsibility of the Employer or insurer to make the Claimant available, along
				  with the legal representative of the Employer or insurer, at the office of the
				  Commission in Jackson, Mississippi, or at some other designated location, on a
				  day set by the Commission or Administrative Judge if requested by the
				  Commission or Administrative Judge; however, where minors and incompetents are
				  concerned, or where the Claimant is represented by counsel, Claimant's presence
				  shall not be required. All expenses incurred in transporting the Claimant from
				  his home to the designated location shall be paid by the Employer or
				  insurer.
Prior to appearing before the Commission with an
				  unrepresented Claimant, counsel for Employer or insurer shall file the proposed
				  settlement paperwork and supporting documentation with the Commission. After
				  the Commission reviews the proposed settlement, the attorney shall be notified
				  via e-mail that the Claimant shall be made available in the manner requested by
				  the Commissioner to whom the settlement is assigned by the Commission for the
				  settlement interview.
A Claimant making application for lump sum payment of
				  benefits pursuant to Miss. Code Ann. §
									71-3-37(10)
				  shall, unless represented by an attorney or unless otherwise provided by the
				  Commission or Administrative Judge, make himself or herself available for an
				  interview with the Commission or one of its Administrative Judges prior to
				  approval of the application. The purpose of this interview is to
a. explain to the applicant the nature and
				consequences of his or her actions in applying for a lump sum payment of
				benefits, and
b. determine whether
				payment in this manner is in the Claimant's best interest.
In every case of compromise settlement, the proposed
				  settlement shall be explored and medical reports shall be examined to determine
				  if the amount of the proposed settlement appears fair and reasonable. The
				  Commission or Administrative Judge shall not approve the settlement if it
				  is:
a. not accurately
				reported,
b. not completely
				understood by the Claimant, or
c.
				not in the best interest of the Claimant.
The Commission or Administrative Judge shall approve the
				  settlement if:
a. the underlying facts,
				terms, and amount of the settlement are accurately reported,
b. Claimant understands the settlement's
				import and effect, and
c. the
				settlement is in Claimant's best interest.
MEDIATION.
The Commission encourages voluntary alternative dispute
				  resolution and mediation by the parties on the terms they may choose. The
				  Commission does not endorse or recommend any particular mediation procedures or
				  lists of mediators. Names of mediators may be obtained from the Mississippi
				  Bar's website, for which there is a link on the Commission's website. All
				  settlement agreements reached through mediation must be submitted for
				  consideration and review by the Commission pursuant to Miss. Code. Ann. §
									71-3-29.
Miss. Code
				  Ann. §
										71-3-85.