Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.7 - Hearings; Discovery

Current through June 25, 2024
All evidentiary hearings before an Administrative Judge or
				  review hearings before the Commission, shall be docketed with the Commission at
				  least twenty-three (23) days before the date set for hearing, except when the
				  parties otherwise agree or when shorter notice is allowed by statute or rule,
				  including but not limited to Miss. Code Ann. §
									71-3-17(b)
				  and Mississippi Workers' Compensation Commission General Rule
				  1.9. The Commission shall provide all
				  parties written notice of the date, time and place of the hearing.
At each evidentiary hearing before an Administrative Judge,
				  the Employer shall have the claims professional handling the claim present at
				  the hearing or available to the Commission by telephone during the entirety of
				  the hearing. Parties shall bring three (3) hard copies of all proposed exhibits
				  to the hearing. Medical records must be paginated and presented in
				  chronological order.
Twenty-three days after Claimant files a Petition to
				  Controvert, the claim shall be assigned to an Administrative Judge and placed
				  on the active docket. Discovery shall be completed and medical depositions
				  scheduled within 120 days after the claim is placed on the active
				  docket.
A party may request extension of the 120-day time limitation
				  for discovery if there is credible medical evidence that the Claimant has not
				  reached maximum medical improvement or if other good cause is shown in writing
				  to the Administrative Judge. The discovery deadline may be shortened to as few
				  as sixty (60) days if the Claimant files a complete Prehearing Statement
				  indicating discovery is complete and the claim is ready for a hearing on the
				  merits; in that event, Employer /carrier have fifteen (15) days after the
				  filing of the Claimant's Prehearing Statement to file its completed Prehearing
				  Statement or written request for additional time.
Unless the Administrative Judge finds a bifurcated hearing
				  shall expedite resolution of a claim, all claims shall be completed at one
				  hearing on the merits, and all lay, expert, and documentary evidence, including
				  medical depositions, shall be introduced at the hearing. All issues ripe for
				  determination at the time of the hearing shall be addressed at the
				  hearing.
Absent the illness of a party or other extreme circumstances,
				  no claim set for a hearing on the merits shall be continued. All requests for
				  continuances shall be in writing and state with particularity the grounds for
				  the request. An Administrative Judge or a Commissioner may grant a continuance
				  by written order or hearing cancellation notice.
If a party fails to appear at a scheduled hearing, the
				  Administrative Judge on the Administrative Judge's motion, or the motion of a
				  party, may dismiss the claim or award compensation upon presentation of proper
				  proof. If a justifiable reason for the party's absence is presented within
				  fourteen (14) days after the date of the order dismissing or awarding
				  compensation the Commission or Administrative Judge may grant a motion to
				  reopen or set aside the order of dismissal.
Each controverted claim not set for hearing shall be reviewed
				  periodically. Failure of the party or the party's attorney to respond to the
				  Commission status request form within fifteen (15) days may result in the
				  dismissal of the claim, award of benefits, or other
				  sanctions.
Miss. Code
				  Ann. §
										71-3-85.