reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.08 - Equivalency

Current through June 25, 2024
In accordance with
Miss. Code §
										45-11-253(b)
, the MSCB may grant certification based on a review of an
				  individual's training and education credentials through a standardized process
				  of evaluation and approval. Should such documentation demonstrate that the
				  training and education is valid and meets or exceeds the appropriate NFPA
				  Professional Qualification Standard, then equivalent certification may be
				  granted. Only the NFPA Fire-Fighter 1001 standard has been established as the
				  minimum standard required for certification, and the MSCB shall limit its'
				  certifications to those relevant to a determination whether the minimum
				  standards have been met. The minimum standard certifications shall include only
				  NFPA 1001 (Levels I and II) and NFPA 472 (Hazardous Materials Awareness
				  Operations).
Miss. Code
				  §
										45-11-253 (Supp. 2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.09 - Reciprocity

Current through June 25, 2024
A. In accordance with
Miss. Code
				§
										45-11-253(b)
, the MSCB may grant reciprocity to Mississippi
				fire fighters who possess valid certification credentials issued by other
				approved fire service training entities. Such reciprocity may allow direct
				entry into the MSCB certification system or may require additional testing. A
				denial for reciprocity will require the candidate to successfully complete all
				existing requirements for certification.
1.
				Any candidate seeking reciprocity must show evidence that all required training
				was completed prior to employment with a Mississippi fire-fighting unit, or
				consisted of a course not offered by the Mississippi State Fire Academy that
				was completed out of state, or completed while serving in the armed forces.
				Fire service agencies are prohibited from sending employees to out-of-state
				training entities for the purpose of gaining individual MSCB certification
				through reciprocity.
2. Under this
				policy, Mississippi fire personnel that possess valid certifications from fire
				service training entities accredited by the International Fire Service
				Accreditation Congress (IFSAC) shall be granted reciprocity and allowed direct
				entry into the MSCB certification system. The MSCB also has discretion to grant
				reciprocity and allow direct entry into the MSCB certification system for
				candidates with certificates issued by out-of-state fire service training
				entities accredited by other organizations which the MSCB deems sufficiently
				reliable to ensure training in compliance with the minimum standards, however,
				if the Board does not deem the accrediting organization sufficiently reliable,
				then candidates' certificates shall be treated as being issued by
				non-accredited entities. Candidates with certificates issued by non-accredited
				entities may seek MSCB certification through an approved challenge testing
				system administered by the Mississippi State Fire Academy. Upon successful
				completion of the examination process, and proper submission of all required
				documentation, qualified candidates shall be granted MSCB
				certification.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.10 - Validity of Certification

Current through June 25, 2024
Certifications issued by the MSCB shall remain valid for the
				  life of the individual provided there is not a break in service with a fire
				  service agency for a period greater than two (2) years.
In cases where a certified individual separates from a local
				  fire-fighting unit and does not serve with a fire service agency within two (2)
				  years but no more than five (5) years, the person would be eligible for
				  recertification by completing the MSCB approved examination process including
				  MSTAT. If a previously certified individual separates from a local
				  fire-fighting unit and does not serve with a fire service agency for more than
				  five (5) years, the person will be considered a new entry and required to meet
				  all training and examination requirements established for minimum standards
				  certification.
Certified Mississippi Fire Fighters called to active military
				  duty by Presidential order for a period of time greater than two years shall
				  not be considered to have a break in service provided the employer does not
				  terminate the employee during the period of separation. The MSCB shall be
				  notified of such circumstances by the employee's governing authority (i.e.
				  human resource or personnel office) and be provided with official military
				  documentation to validate the separation. Likewise, the MSCB shall be notified
				  within 15 calendar days of an employee's completion of military duty.
Miss. Code
				  §§
										45-11-203; 45-11-253 (Supp.
				  2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.11 - Recognition of Certification and Transportability

Current through June 25, 2024
In regards to fire fighter certification in Mississippi,
				  there are two primary documents that fire personnel may possess. The successful
				  completion of fire fighter training and testing in accordance with NFPA Fire
				  Fighter 1001 Standard Level I and II is noted by a certificate issued by the
				  Mississippi State Fire Academy and validated by the seal of the International
				  Fire Service Accreditation Congress. Likewise, a certificate issued by the MSCB
				  to the individual fire fighter documents recognition of this accomplishment for
				  the purpose of minimum standard certification. The official status of an
				  individual's certification is maintained by the Board through the Mississippi
				  Fire Personnel Certification Registry.
Fire service agencies that employ MSCB certified fire
				  personnel must notify the Board within thirty (30) days of the individual's
				  date of hire. Such notification shall be made available by submitting a
				  Personnel Action Form (MSCB Form #02). The Board will review the certification
				  status of the individual presented and notify the fire service agency of its
				  findings. Fire personnel whose certification status is valid shall be eligible
				  for continued employment.
Miss. Code
				  §§
										45-11-203; 45-11-253 (Supp.
				  2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.12 - Revocation of Certification

Current through June 25, 2024
The act of certification is based upon the testing of an
				  individual candidate's knowledge and skill or the review of their training and
				  credentials through a standardized process of evaluation and approval. As such,
				  the individual effort required to meet a given standard will be documented in
				  the form of a state certificate issued by the MSCB to the qualified fire
				  fighter. However, the official record of all Board actions pertaining to
				  certification shall be documented in the Mississippi Fire Personnel
				  Certification Registry.
All Board actions made in accordance with
Miss. Code
				  45-11-253
and their applicable dates will be noted in this registry.
				  The Board reserves the right to either reprimand a certified fire personnel,
				  suspend their certification upon conditions imposed by the Board, or nullify
				  their certification when:
1. The
				certification was issued through an administrative error;
2. The certification was obtained through
				misrepresentation or fraud;
3. The
				recipient has been convicted of a felony or a crime involving moral turpitude
				and the Board, through application of the factors set forth in Rule 1.04,
				determines that continued certification would be detrimental to the public
				trust or create an impairment or an adverse perception of the fire fighter's
				ability to perform his or her sworn duties; or
4. Other due cause as determined by the
				Board.
While an individual may possess a physical certificate, the
				  official verification of certification or other Board action is made available
				  through the Mississippi Fire Personnel Certification Registry. In all cases,
				  local fire-fighting units must submit a Personnel Action Form or Change in
				  Status Form within thirty (30) days of a certified individual's separation from
				  the department. Should the fire fighter transfer to another Mississippi
				  fire-fighting unit, the new department must submit a Personnel Action Form
				  within thirty (30) days of the certified individual's date of hire. The process
				  of notification allows the Board to verify the status and validity of any
				  certificate issued. Verification of an individual's certification shall be
				  forwarded to the new employer within thirty (30) days following the receipt of
				  the Personnel Action Form.
Miss. Code
				  §§
										45-11-203; 45-11-253 (Supp.
				  2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.13 - Notifications and Status Changes

Current through June 25, 2024
In order to maintain reliable certification records, fire
				  service agencies must notify the MSCB of any changes in employment or training.
				  Mandatory notifications shall be made within thirty (30) days of any specific
				  occurrence. Such notifications shall be made by submitting a Personnel Action
				  Form and any other required documentation. Mandatory notifications
				  include:
1. The hiring of a
				compensated employee as a fire fighter by any local fire-fighting
				unit;
2. The successful completion
				of an approved minimum standard course of training;
3. The separation of any non-certified fire
				fighter from a local fire-fighting unit;
4. The separation of any Certified
				Mississippi Fire Fighter from a local fire-fighting unit;
5. The hiring or transfer of any Certified
				Mississippi Fire Fighter by a local fire-fighting unit.
Miss. Code
				  §§
										45-11-203; 45-11-253 (Supp.
				  2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.14 - Appeals Process

Current through June 25, 2024
Appeals to any certification issue shall be made to the Board
				  and submitted within one (1) year of the date of the original action. Such
				  appeals may be initiated by an individual or through the executive fire officer
				  of the local fire-fighting unit. Once a written appeal has been filed, the
				  individual may petition the Board in person at a regularly scheduled meeting of
				  the MSCB. Upon hearing the basis of the appeal, the chair may forward the
				  appeal to appropriate committee for further investigation and a recommendation
				  for action. The Board will communicate its final decision in writing within
				  thirty (30) days following any action taken on the issue.
Miss. Code
				  §§
										45-11-203; 45-11-253 (Supp.
				  2020)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 101 - Mississippi Fire Personnel Minimum Standards and Certification Board › Chapter 1 - Rules and Regulations for Minimum Standards Certification (MSCB-1) › Rule 19-101-1.15 - Effective Date

Current through June 25, 2024
This Regulation supersedes prior versions of Mississippi
				  Administrative Code Title 19, Part 101, Chapter 1, and shall become effective
				  thirty (30) days after final filing in the Office of the Mississippi Secretary
				  of State.
Miss. Code
				  §§
										45-11-203; 45-11-253 (Supp.
				  2020)
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.1 - Meetings

Current through June 25, 2024
The office of the Mississippi Workers' Compensation
				  Commission shall be in the City of Jackson. The Commission shall remain in
				  continuous session; also, the Commission shall meet as a body at the call of
				  the Chairman to transact other business as needed.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.2 - Amendments and Construction

Current through June 25, 2024
The Rules of the Commission are subject to amendment at any
				  time, and the Commission will adopt additional Rules as needed.
All references in these Rules to the "Law" or to the "Act"
				  refer to the most current provisions of the Mississippi Workers' Compensation
				  Law, Miss. Code Ann.
				  71-3-1
				  et seq. (1972, as amended), unless otherwise provided.
All references to "Commission" shall not include and apply
				  to any Administrative Judge of this Commission, unless otherwise provided.
These Rules shall be in effect and shall apply to all claims
				  or matters pending before the Commission as of the effective date of the Rules,
				  and to all matters or claims thereafter filed.
If the Commission, an Administrative Judge, or any court of
				  competent jurisdiction finds that any provision of these Rules conflicts with
				  any provision of the Mississippi Workers' Compensation Law, the provision of
				  the Law shall control.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.3 - Proof of Coverage

Current through June 25, 2024
Every employer within the scope of the Mississippi Workers'
				  Compensation Law shall file proof of compliance with the insurance provisions
				  of the Law in the manner directed by the Commission. In cases where insurance
				  is taken with a carrier registered with the Commission, employer's notice of
				  compliance shall be filed by the carrier with and through the National Council
				  on Compensation Insurance's Proof of Coverage System, or with any other vendor
				  approved by the Commission for such purposes. Individual and group self-insured
				  employers shall file notice of coverage in the manner and format prescribed by
				  the Commission.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.5 - Cancellation of Policies

Current through June 25, 2024
To cancel or terminate an insurance policy with an employer
				  before the expiration date stated in the policy, the carrier shall give the
				  employer thirty (30) days prior notice as provided in Miss. Code Ann. Section
				  71-3-77
				  of the Act.
The employer whose policy has been canceled or terminated
				  per Miss. Code Ann. Section
				  71-3-77
				  shall, on or before the thirtieth (30th) day after receiving notice of
				  cancellation or termination, furnish proof of coverage in accordance with
				  Mississippi Workers' Compensation Commission General Rule
				  1.3. Employer's failure to furnish such
				  proof of coverage within thirty days shall be considered a violation of Miss.
				  Code Ann. Section
				  71-3-9
				  and subject the employer to the penalties prescribed under Miss. Code Ann.
				  Section
				  71-3-83.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.7 - Self-Insurers

Current through June 25, 2024
(I)
Individual
				Self-Insurance
A.
Application for Individual Exemption from Insuring
(1) Any employer desiring to qualify as an
				individual exempt from insuring its liability for compensation (individual
				self-insurance) under the provisions of Miss. Code Ann. §
											71-3-75
				shall make application on a form provided by the Commission, and shall be
				required to reply fully to all inquiries made by the Commission and provide all
				necessary documents for the application to be properly considered.
(2) No record or any information concerning
				the solvency and financial ability of any applicant for individual
				self-insurance and no other information acquired by the Commission, which is
				deemed confidential by other provisions of law, shall be subject to public
				inspection.
(3) In no event shall
				an application for self-insurance be approved unless the applicant is willing
				and able to furnish adequate security for the payment of its obligations under
				the Act, and the type and amount of such security shall be determined by the
				Commission and in no event shall be less than $100,000.00. Upon approval of
				application by the Commission, security information shall be made available to
				the Mississippi Workers' Compensation Individual Self-insurer Guaranty
				Association (IGA).
(4) Each
				applicant for individual self-insurance shall provide the Commission with one
				(1) point of contact information consisting of its mailing address, e-mail
				address, and telephone number.
(5)
				Upon approval of an application to be self-insured, the applicant must furnish
				the complete excess insurance policy in a form and in an amount acceptable to
				the Commission and that specifically names the Mississippi Workers'
				Compensation Individual Self-insurer Guaranty Association (IGA) as an
				additional insured in the event of the self-insurer's insolvency or
				default.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.8 - Posting Notice of Coverage

Current through June 25, 2024
Every employer operating under the provisions of the
				  Mississippi Workers' Compensation Law shall keep in a conspicuous place in and
				  about its place of business a "Notice of Coverage" form which measures at least
				  8 1/2 inches by 11 inches and which contains the following information:
I. The name, address and telephone number of
				the workers' compensation insurance carrier for the employer, or a statement
				that the employer is self-insured, if applicable;
II. The name, address and telephone number of
				the third party administrator, if any, or other office responsible for
				processing and paying the workers' compensation claims on behalf of the carrier
				or self-insured employer;
III. The
				effective dates of the workers' compensation insurance coverage or the
				self-insurance certificate of authority which the employer maintains;
IV. The name of the person or
				representative affiliated with the employer to whom employees should provide
				notice of their injuries or illnesses; and
V. A statement that any person who willfully
				makes any false or misleading statement or representation for the purpose of
				obtaining or wrongfully withholding any benefits or payment under the
				Mississippi Workers' Compensation Law may be charged with violation of Miss.
				Code Ann. Section
				71-3-69
				and upon conviction be subjected to the penalties therein provided.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.10 - Daily Rate of Compensation

Current through June 25, 2024
All weekly compensation benefits payable for loss of time or
				  other disability shall be based upon a five day work week so that the daily
				  compensation benefit payable in any case shall be the total weekly compensation
				  benefit divided by five (5).
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.11 - Waiting Period

Current through June 25, 2024
If the injured employee is paid in full for the date of the
				  accident, disability should be computed as beginning the day after the date of
				  accident. If the injured employee is not paid in full for the date of accident,
				  disability should be computed as beginning as of the date of the accident.
To determine whether an injured employee has satisfied the
				  waiting period requirement of Miss. Code Ann. Section
				  71-3-11
				  a day of disability shall be any day on which the injured employee is unable,
				  because of injury, to earn the same wages as before the injury, and neither the
				  five (5) day period of disability nor the fourteen (14) day period of
				  disability has to consist of consecutive days.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.12 - Medical fees: Medical Dispute Resolution

Current through June 25, 2024
The fees of physicians, hospitals, and other attendant
				  parties must be
a. reasonable and
				measured according to the employee's need, and
b. within the guidelines established by the
				Commission in its Medical Fee Schedule pursuant to Miss. Code Ann. Section
				71-3-15(3).
The procedure for resolving fee disputes and other issues
				  which arise from utilization, billing or payment of medical services is set
				  forth in the Medical Fee Schedule, and is incorporated herein by reference.
				  Please consult the most current edition of the Medical Fee Schedule for rules
				  regarding fee and other dispute resolution.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.13 - Acceleration of Payments

Current through June 25, 2024
Whether paying voluntarily or under an order, employer or
				  carrier may accelerate payment of permanent partial disability benefits by
				  tendering payment at the higher weekly rate of temporary total disability
				  benefits until the full amount of permanent partial disability benefits has
				  been paid.
If the parties elect to pay and receive such compensation at
				  the accelerated rate, employer or carrier shall report how and when payments
				  were accelerated on Form B-18 or on a statement attached to Form B-18.
After such election should the claimant request and the
				  Commission or Administrative Judge approve payment of future compensation
				  benefits in a partial or full lump sum, the employer/carrier's discount shall
				  be computed as if there had been no such election -- as if claimant were to
				  receive all future benefits at the original lesser weekly rate; i. e., the
				  amount previously paid shall be subtracted from the total compensation benefits
				  to which the claimant is entitled, and the difference shall be divided by the
				  original lesser weekly benefit rate, thereby producing the number of weeks to
				  be used in computing the discount.
If a partial lump sum payment is made after the payment of
				  benefits at the accelerated rate, the remaining weekly benefits shall continue
				  to be paid at the accelerated rate and shall begin immediately after the last
				  payment of compensation received prior to the lump sum, so as not to interrupt
				  the continuity of benefits.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.14 - Mileage

Current through June 25, 2024
Employer or carrier shall pay mileage at the rate authorized
				  for state travel per Miss. Code Ann. Section 25-3-4 to:
a. witnesses who are subpoenaed in a
				proceeding before the Commission or whose depositions are taken,
b. claimants being interviewed by the
				Commission or an Administrative Judge for a compromise settlement or lump sum
				payment, and
c. claimants
				requiring medical treatment or attendance as prescribed in the Mississippi
				Workers' Compensation Law.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.15 - Inspection and Reproduction of Records

Current through June 25, 2024
1. Each person has
				a right to inspect and reproduce any public record on file in the offices of
				the Commission, except those records expressly exempted by a statute or a
				Commission Rule.
(a) To insure protection of
				Commission records and to prevent interference with the regular duties of the
				Commission, all Commission claim files shall be made available for inspection
				and copying only in the offices of the Commission during usual business hours,
				provided:
(1) A written request marked
				"Request for Public Records" is submitted to the Secretary of the
				Commission;
(2) The written request
				sufficiently identifies the claim file by referencing the names of parties
				and/or the Commission file number; and
(3) The written request states the desired
				time for inspection and/or the number of copies sought.
On the requesting party's compliance with (1), (2) and (3)
				  above, the Commission shall respond in writing by granting or denying the
				  request within ten (10) working days after receipt of the request. A Commission
				  response denying a "Request for Public Records" shall specifically state the
				  grounds for the denial and shall remain on file with the Commission for three
				  (3) years.
The Commission shall attach an estimate of its actual copy
				  costs to its response to the "Request for Public Records." Actual costs to the
				  Commission shall be determined as follows:
(1) For copies of records not required to be
				certified by the Commission, $.50 per page;
(2) For certified copies of records, $1.00
				per page and $3.50 for every certificate under seal affixed thereto;
(3) For copies of transcripts not required to
				be certified by the Commission, such cost per page shall be equal to the
				prevailing cost per page of transcripts in the trial courts of this
				state.
(4) For any staff time or
				contractual services required to respond to the request which shall be at the
				pay scale of the lowest level employee or contractor competent to respond to
				the request.
Within ten (10) business days after receiving payment of copy
				  costs, the Commission shall supply machine copies of the material sought. The
				  Commission may also elect to respond to a records request by making the
				  requested records available for inspection in its offices or by electronically
				  transmitting the records.
Any excess costs exceeding the previously paid estimated
				  charges shall be due no later than ten (10) business days after Commission
				  compliance with the request. Non-payment of estimated charges shall justify
				  Commission denial of future requests.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 1 - General Rules › Rule 20-1-1.16 - Assessment Procedure

Current through June 25, 2024
1. Every Carrier or
				Self-Insured shall report to the Commission all compensation and medical
				payments for the prior calendar year (January 1st through December 31st) on or
				before March 1st of each year on the Annual Assessment Report Form available on
				the Commission's website. The Carrier or Self-Insured shall include the
				six-digit Carrier Number at the time of submission. Additionally, each Carrier
				or Self-Insured shall certify that the form is a true and correct report of
				payments made by the Carrier or Self-Insured for the prescribed period. Failure
				to include all information required shall result in the Annual Assessment
				Report being returned to the Carrier or Self-Insured and may result in late
				penalties.
2. Failure of the
				Carrier or Self-Insured to submit the Annual Assessment Report on or before
				March 1st shall result in assessment of a twenty dollars ($20.00) per day
				penalty for each day the Carrier or Self-Insured fails to return the completed
				Annual Assessment Report to the Commission.
3. When calculating the percentage of gross
				claims for compensation and medical payments of Carriers and Self-Insureds to
				fund the administration of the Commission, the Commission shall utilize a
				percentage for the assessment that yields the closest total practical to the
				budget amount appropriated by the Legislature.
4. A Carrier or Self-Insured shall have 30
				days from the date of the assessment invoice to tender payment to the
				Commission in the form and manner as directed by the assessment
				invoice.
5. Failure of the Carrier
				or Self-Insured to tender payment in the form and manner as directed by the
				assessment invoice within 30 days from the date of the assessment invoice shall
				result in notice to the Carrier or Self-Insured that payment is due and that a
				late penalty of ten percent (10%) on the unpaid assessment amount is due at the
				same time payment of the outstanding assessment is tendered.
6. Failure of any Carrier or Self-Insured to
				pay an outstanding assessment within 60 days from the date of the assessment
				invoice shall result in the Commission entering an Order to demand payment of
				the outstanding assessment in full, including penalties. Further, failure to
				promptly issue payment may result in the Commission suspending or revoking the
				authorization to insure compensation or to be self-insured.
Miss. Code
				  Ann. §
										71-3-99
				  (Rev. 2017)
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.1 - Reporting Injuries or Deaths

Current through June 25, 2024
Employers shall report all on-the-job deaths of and injuries
				  to their employees to the Mississippi Workers' Compensation Commission as
				  provided for in Miss. Code Ann. Section
				  71-3-67 and
				  on forms prescribed by the Commission.
As required by Miss. Code Ann. Section
				  71-3-65,
				  employer shall keep a record of all injuries and make the record available to
				  the Commission upon request.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.3 - Notice

Current through June 25, 2024
Upon the filing of a Claimant's Petition to Controvert, Form
				  B-5,11, the Commission shall immediately furnish a copy of the Petition to
				  Controvert with any attachments to Employer and Carrier.
Miss. Code
				  Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.4 - Response to Petition to Controvert

Current through June 25, 2024
The Employer or Carrier shall file a properly executed
				  Answer, Form B-5,22, with the Commission within twenty-three (23) days after
				  the Commission mails an unrepresented Claimant's Petition to Controvert, Form
				  B-5,11 to the Employer or Carrier. Employer or Carrier may attach a list of
				  affirmative defenses to the Answer. No other copies of the Answer need be
				  furnished to the Commission. The Employer or Carrier shall mail a copy of the
				  completed Answer and any attachments to the Claimant or, if represented,
				  provide notice to the Claimant's attorney.
Averments contained in Claimant's Petition to Controvert to
				  which a responsive answer is required are admitted unless denied in the Answer.
				  All affirmative defenses such as intoxication of the injured Employee, willful
				  intent to injure himself or another, statute of limitations, lack of notice,
				  etc., must be pleaded. Unless so pleaded, they shall be deemed waived.
The Administrative Judge may grant Employer or Carrier
				  additional time to file an Answer, but the discovery period shall still begin
				  twenty-three (23) days after the Commission mails the Petition to Controvert to
				  Employer or Carrier. All requests for additional time shall note Claimant's
				  agreement to the extension or be filed as a motion and noticed for hearing in
				  the usual manner. An Employer may be sanctioned for failure to timely file an
				  Answer without good cause.
Miss. Code
				  Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.5 - Prehearing Statement; Setting of Hearings

Current through June 25, 2024
Before a matter can be set for hearing on the merits, each
				  party must submit a complete Prehearing Statement with appropriate documents
				  attached. The completed Prehearing Statement shall follow the form prescribed
				  by the Commission and be completed per its instructions. Attorneys shall file
				  the Prehearing Statement electronically with the Commission through
				  ATOS.
All depositions shall be taken or officially noticed before
				  the hearing on the merits is set. If medical witnesses have not been deposed
				  before the Prehearing Statement is filed, a copy of the notice of the
				  deposition must be attached to the Prehearing Statement.
Except for depositions and exhibits to depositions, counsel
				  shall secure the Administrative Judge's permission to attach to the Prehearing
				  Statement any single, proposed exhibit that exceeds fifty (50) pages.
The written information submitted by the parties shall
				  comprise the only prehearing conference to be held routinely before the
				  hearing, unless the Administrative Judge or a party requests further conference
				  for special needs in a particular claim. The granting of a prehearing
				  conference shall be in the discretion of the Administrative Judge. After the
				  parties file complete Prehearing Statements, the Administrative Judge shall
				  advise the Commission docket room that the matter is ready to be set for
				  hearing. The Administrative Judge may schedule the hearing, or the docket room
				  shall notify the parties in writing that they may contact the Administrative
				  Judge's legal assistant to request a setting. The hearing date shall follow the
				  date of the last deposition. Both parties shall confirm a hearing date or dates
				  with the Administrative Judge's legal assistant within two (2) business days
				  after a hearing date or dates are provided; failure to confirm a date for
				  hearing without good cause may result in sanctions for unreasonable
				  delay.
Within fifteen (15) days after the discovery deadline expires
				  per Mississippi Workers' Compensation Commission Procedural Rule
				  2.7, the Claimant shall file a properly
				  completed Prehearing Statement or a written request for an extension of time
				  explaining the reasons for the request. The Employer and carrier shall have
				  fifteen (15) days after the filing of the Claimant's properly completed
				  Prehearing Statement to file a properly completed Prehearing Statement or
				  written request for an extension of time. Claimant's failure to timely file the
				  Prehearing Statement may result in the dismissal of the claim or other
				  sanctions. Employer/Carrier's failure to timely file the Prehearing Statement
				  may entitle Claimant to a unilateral setting or other
				  sanctions.
Miss. Code
				  Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.6 - Notice of Hearing

Current through June 25, 2024
Absent agreement by the parties, the Commission shall give
				  notice of an evidentiary hearing at least twenty (20) days before the hearing
				  date. The notice shall contain the names of the parties and the date, time and
				  place of the hearing. The hearing shall be limited solely to the issues
				  reflected by the pleadings, requests for admissions, and prehearing
				  statements.
Per Miss. Code Ann. §
									71-3-55(3),
				  the Commission may designate one or more central locations within the territory
				  of each Administrative Judge, other than the county where the injury occurred,
				  as the location for all hearings by the Administrative Judge in that territory.
				  The hearing locations are listed on the Commission's website.
The parties shall contact each other fourteen (14) days prior
				  to the hearing to discuss settlement. Counsel for the Employer/Carrier shall
				  report the results of this discussion to the Administrative Judge and the
				  Administrative Judge's legal assistant by email copied to opposing
				  counsel.
Miss. Code
				  Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.8 - General Rules of Evidence Relaxed

Current through June 25, 2024
In compensation hearings the general rules of evidence shall
				  be relaxed to permit the introduction of any relevant and competent evidence.
				  On motion of a party or Administrative Judge, the Administrative Judge may
				  exclude any matters that are libelous or personal which do not have a direct
				  bearing on the claim. All other matters which are accepted by the
				  Administrative Judge over the objection of either party shall become a part of
				  the record with the objection properly shown.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.11 - Appeal from Commission Award

Current through June 25, 2024
A party appealing from a Commission order shall file a
				  notice of appeal with the Commission within thirty (30) days of the date of the
				  Commission Order. The notice shall set out the style of the case, the grounds
				  upon which the appeal is taken, and certification that copies of the notice of
				  appeal have been filed with the opposing parties.
When a notice of appeal to the Mississippi Supreme Court is
				  filed with the Commission, the Secretary shall, with a proper letter of
				  transmittal, deliver the record to the Clerk of Appellate Courts within thirty
				  (30) days after such notice of appeal is received by the Commission.
After the Appellate Court renders any order or decree
				  affecting any matter over which this Commission has jurisdiction, the parties
				  to the claim shall file a copy of the decree or order with the Commission
				  within thirty (30) days of the date of rendition.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.13 - Violations of Child Labor Law

Current through June 25, 2024
In matters pertaining to violations of the Child Labor Law,
				  Miss. Code Ann. Sections
				  71-1-17
				  through
				  71-1-33 shall
				  be considered by the Commission as the labor law referred to in Section
				  71-3-107
				  of the Mississippi Workers' Compensation Act. The Commission or Administrative
				  Judge may order double compensation assessed against any employer where a minor
				  worker is injured in the occupations or businesses specifically listed as
				  hazardous in said sections of the Mississippi Code of 1972 Annotated. In all
				  other instances of injury to minors, before double compensation shall be
				  assessed against an employer as a penalty, there shall be filed with the
				  Secretary of the Commission a certified copy of the findings of the court of
				  final appeal on the prosecution and conviction of the employer in connection
				  with violation of the Child Labor Law.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.14 - Deviation from Rules

Current through June 25, 2024
In any claim, for good cause shown, the Commission or the
				  Administrative Judge may permit deviations from these Rules insofar as
				  compliance is found to be impossible or impracticable. However the time limits
				  for requesting review of an Administrative Judge's decision or judicial review
				  or appeal of a decision of the Commission may not be waived unless otherwise
				  provided by statute or case law.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.17 - Report of Payment and Settlement Receipt

Current through June 25, 2024
Employer or carrier's filing of a Form B-31 shall constitute
				  compliance with the requirements of Miss. Code Ann. Section
				  71-3-37(7).
				  Claimant, or Claimant's counsel shall be provided a copy of the Form B-31 in
				  any manner which acknowledges delivery of the B-31. Claimant's signature is not
				  required on the Form B-31, but the presence of Claimant's signature will
				  constitute acknowledged delivery of the B-31 to Claimant. The filing of the
				  Form B-31 with the Commission will start the running of the one-year statute of
				  limitation under Miss. Code Ann. Section
				  71-3-53.
				  If the original or any subsequent Form B-31 filed with the Commission does not
				  furnish all medical or other information required, Employer or Carrier shall
				  file another Form B-31 containing complete information as soon as possible per
				  Section
				  71-3-37,
				  and following the above notice requirements.
Miss. Code Ann. §
										71-3-85.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.18 - Subpoenas Witness Fees and Sanctions

Current through June 25, 2024
(a) For Attendance
				of Witnesses: Forms; Issuance. Every subpoena shall be issued by the Commission
				Secretary or as provided in Miss. Code Ann. Section
				71-3-61,
				under the seal of the Commission, shall state the name of the Commission and
				the title of the claim, and shall command each person to whom it is directed to
				attend and give testimony at a time and place therein specified. The Commission
				Secretary shall issue a subpoena, or a subpoena for the production of
				documentary evidence, signed and sealed, but otherwise in blank, to a party
				requesting it, who shall fill it in before service. The Commission's official
				subpoena forms, signed and sealed but otherwise in blank, may be printed from
				the Commission website.
(b) For
				Production of Documentary Evidence.
(1) A
				subpoena may also command the person to whom it is directed to produce the
				books, papers, documents, or tangible things designated therein; and in such
				cases, the party to whom the subpoena is directed is entitled to be reimbursed
				by the requesting party for the reasonable costs of producing the things
				subpoenaed; but the Commission or Administrative Judge, upon motion made
				promptly and in any event at or before the time specified in the subpoena for
				compliance therewith, may (a) quash or modify the subpoena if it is
				unreasonable and oppressive or (b) condition the denial of the motion upon the
				advance by the person in whose behalf the subpoena is issued of the reasonable
				cost of producing the books, papers, documents, or tangible things. The
				subpoena duces tecum form, signed and sealed by the Commission Secretary but
				otherwise in blank, may be printed from the Commission website.
(2) A subpoena issued pursuant to
				subparagraph (b)(1) of this Rule may compel the production of books, papers,
				documents, or tangible things by the person in possession, custody, or control
				thereof without the necessity that such person be deposed.
(3) Unless for good cause shown the
				Commission or Administrative Judge enlarges or shortens the time, a subpoena
				issued pursuant to subparagraph (b)(1) of this Rule shall allow not less than
				ten (10) days for the person upon whom it is served to produce the books,
				papers, documents, or tangible things therein specified. A copy of all such
				subpoenas shall be served forthwith upon counsel for all opposite parties.
Mississippi Administrative Code › Title 20 - Labor › Part 1 - Rules of the Mississippi Workers' Compensation Commission › Chapter 2 - Procedural Rules › Rule 20-1-2.19 - Rehabilitation

Current through June 25, 2024
Rehabilitation cases shall be reported on Form R-1 or R-2 in
				  compliance with the provisions of Miss. Code Ann. Sections
				  71-3-105 and
				  71-3-19.
(a) Claim files shall be reviewed by
				the Mississippi Workers' Compensation Commission to assure that employees
				entitled to rehabilitation will receive needed services expediently.
(b) In all cases referred for rehabilitation
				services by the Commission Form R-2 shall be completed and the appropriate copy
				returned to the Commission together with copies of all reports, programs and
				services.
(c) All cases referred
				for rehabilitation services to either a public or private supplier by employers
				and carriers must be reported to the Commission, using Form R-2 together with
				copies of all reports, programs and services.
(d) Using Form R-1, employers and carriers
				shall notify the Commission immediately of all serious injuries, i.e.,
(1.) Major amputations,
(2.) Spinal cord injuries,
(3.) Brain damage,
(4.) Loss of sight of one or both
				eyes,
(5.) Severe 2nd and 3rd degree
				burns as well as those which result in the loss of or loss of use of any member
				of the body which will render the employee unable to continue employment in the
				job performed at the time of the injury, or which causes him to be unemployable
				in another position with the employer or which by experience in the industry
				causes the employee to be unemployable in any part of the
				industry.