REPORTING INJURIES OR DEATHS. Employers shall report all on-the-job deaths of their
employees to the Mississippi Workers' Compensation Commission within ten (10) days, as provided for
in Code Section 71-3-67 (Section 28 of Act) and on forms prescribed by the Commission. Injuries
causing loss of time in excess of five (5) days shall likewise be reported within the ten day period. All
injuries other than deaths or those causing loss of time in excess of five days shall be reported quarterly
on forms prescribed by the Commission, briefly listing employee's name and address, employer's name
and address, nature of injury, time lost, and amount of medical, if any. Unless the employee is caused
to be absent from his work beyond one complete day or working shift, no report need be made except
as to medical or surgical treatment. Self-insurers shall report directly to the Commission. Other
employers shall report only through their carrier.
As required by Code Section 71-3-65 (Section 27 of Act), it will be the responsibility of the
employer to keep a record of all injuries, regardless of their nature, which record will be available to the
Commission upon request.
This Rule shall be in force and effect on and after July 1, 1982.
PROCEDURE TO CONTROVERT. A cause will be controverted by the employee's filing with the
Mississippi Workers' Compensation Commission a properly executed Workers' Compensation Form B-5,
11 (original and two copies). In the event an employer desires to file a notice of controversion pursuant
to Mississippi Code Annotated Section 71-3-37(4) (1972), the employer or carrier shall file an original
and two copies of Commission Form B-52, notice of controversion, and simultaneously mail or
personally deliver a copy of the notice of controversion to the employee at the most current address
of that employee which can be determined by diligent inquiry or, if the claimant is represented, to his
or her attorney. One copy of Commission Form B-3, employer's first report of injury or occupational
disease, must also be filed or have been previously filed at the Commission. The Commission Form B-16, notice to employee of suspension of payment, shall be deemed legally sufficient as a notice of
controversion in the event the employer or carrier has paid workers' compensation disability benefits.
The Rule shall be in force and effect on and after September 1, 1993.
NOTICE. Upon the filing of the claimant's Form B-5, 11 in triplicate, the Commission shall immediately furnish a copy of said B-5, 11 with any attachments to the employer and to the carrier.
This Rule shall be in force and effect on and after September 1, 1993.
RESPONSE TO PETITION TO CONTROVERT. The employer or carrier shall, within twenty-three
(23) days after the Commission has placed the claimant's Form B-5, 11 in the U.S. Mail, addressed
either to the employer or carrier, furnish to the Mississippi Workers' Compensation Commission a
properly executed Form B-5, 22, to which shall be attached, if the employer or carrier so desires, any
affirmative defense. No other copies of the Form B-5, 22 need be furnished to the Commission. The
employer or carrier, however, will be responsible for serving, either personally or by U.S. Mail, a copy
of the completed Form B-5, 22 and attachments, if any, to the claimant or, if represented, to the
claimant's attorney.
Averments contained in claimant's B-5, 11 to which a responsive answer is required are admitted
when not denied in the responsive 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.
This Rule shall be in force and effect on and after September 1, 1993.
PRETRIAL STATEMENT AND SETTING OF HEARINGS ON THE MERITS. Before a matter can
be set for hearing on the merits, each party must submit a pretrial statement, either jointly or severally,
completed in all respects with appropriate documents attached. The completed pretrial statement shall
follow the form prescribed by the Commission and set forth:
I. The contested issues;
II. Stipulations which will avoid unnecessary proof;
III. A statement that up-to-date medical reports have been filed with the Commission and
provided to the other party;
IV. Name and address of each lay witness except those to be called for impeachment or
rebuttal purposes;
V. Name and address of each expert witness, together with a notation that affidavit and
records are attached to the pretrial statement or the date the affidavit and records were previously filed
at the Commission, the date the deposition was taken or has been noticed, or that the witness will
testify at the hearing;
VI. Proposed exhibits except those intended for impeachment or rebuttal purposes, and a
notation that a copy of each exhibit is attached to the pretrial statement or has previously been filed
with the Commission;
VII. A statement that the parties have entered into serious settlement negotiations;
VIII. An estimate of the time required for the hearing;
IX. A statement that discovery responses have been supplemented; and
X. Any other matters which may aid in the disposition of the case.
No hearings on the merits will be set until all desired depositions have either been taken or
officially noticed. If depositions of medical witnesses have not been taken prior to the submission of
the pretrial statement, a copy of the notice of each deposition to be taken must be attached to the
pretrial statement.
The written information submitted by the parties shall comprise the only pretrial conference to be held routinely before the hearing, unless the administrative judge or a party should request further
conference for special needs in a particular case. The granting of a pretrial conference shall be in the
discretion of the administrative judge. The pretrial statement may be amended at the discretion of the
administrative judge upon good cause shown.
Once the filing of the pretrial statement has been completed, and all depositions have either
been taken or noticed, the administrative judge shall advise the Commission docket room that the
matter is ready to be set for hearing. The administrative judge may at his or her discretion call the
parties to schedule the hearing, or the docket room will send a letter to the parties informing them that
they may place a conference call to the docket room to request a setting time. The hearing date shall
be subsequent to the date of the taking of the last deposition. A written notice will be mailed by the
Commission to each party in confirmation of the time and place of hearing.
Within fifteen (15) days after the expiration of the discovery deadline established according to
Procedural Rule 7, the claimant shall file a properly completed pretrial statement or file a written request
for an extension of time with reasons set forth therein. The employer and carrier shall have fifteen (15)
days after the filing of the claimant's properly completed pretrial statement to file a properly completed
pretrial statement or written request for an extension of time. Failure of the claimant to timely file the
pretrial statement may result, in the dismissal of the case or other sanctions. Failure of the employer
and carrier to timely file the pretrial statement may result in a unilateral setting of the case by the
claimant or other sanctions.
This Rule shall be in force and effect on and after September 1, 1993.
NOTICE OF HEARING. In the event a proper disposition of the cause is not made and any party
desires a hearing in the matter, the Commission will give notice of this hearing at least twenty (20) days
prior to the date on which the matter is to be heard; said notice shall contain the names of the parties,
the place and time of the hearing. The hearing will be limited solely to the issues reflected by the
pleadings, requests for admissions, and pretrial statements.
The Rule shall be in force and effect on and after September 1, 1993.
HEARINGS; DISCOVERY. All cases to be heard before the Commission, whether an evidentiary
hearing before an administrative judge or a review hearing before the Full Commission, shall be docketed
with the Commission at least twenty-three (23) days before the date set for hearing, except those cases
requiring less time or notice of hearing by statute or rule, including, but not limited to, Section 71-3-17(b) and General Rule 9, or by agreement of all parties. Each such case docketed shall be given a
number and all parties advised of the date of hearing.
When the claim is controverted and an answer filed, the case shall be immediately assigned to
an administrative judge and placed on the active docket. Discovery shall be completed and medical
depositions scheduled within 120 days from the date of notice from the Commission that the case has
been placed on the active docket.
The 120-day time limitation for discovery may be extended only if there is credible medical
evidence that the claimant has not reached maximum medical improvement or for other good cause
shown in writing to the administrative judge handling the case. The discovery deadline may be shortened to as few as sixty (60) days if the claimant files a completed pretrial statement indicating that
the claimant has completed discovery and is ready, for hearing on the merits, in which event the
employer and carrier will have fifteen (15) days after the filing of the claimant's pretrial statement in
which to file their completed pretrial statement or written request for additional time.
All cases shall be completed at one hearing on the merits, and all lay, expert, and documentary
evidence, including medical depositions, shall be introduced at such hearing. No case set for hearing
on the merits shall be continued except in event of illness of an interested party or other extreme
circumstances. All requests for continuances shall be in writing and shall state with particularity the
grounds therefor. An administrative judge or a commissioner may grant such continuance by written
order.
Should a party fail to appear at a scheduled hearing, the administrative judge on his or her
motion, or on a motion of an appearing party, may dismiss the case or award compensation upon
presentation of proper proof. If, however, a justifiable reason is presented within fourteen (14) days
after the date of the order dismissing or awarding compensation, a motion to reopen or set aside the
order of dismissal may be heard in the Commission's discretion.
All cases not set for hearing shall be reviewed periodically. Failure of the party or the party's
attorney to respond to a status inquiry within twenty (20) days may result in the dismissal of the claim,
award of benefits, or other sanctions.
This Rule shall be in force and effect on and after September 1, 1993.
GENERAL RULES OF EVIDENCE RELAXED. In compensation hearings the general rules of
evidence shall be relaxed so as to permit the introduction of any relevant and competent evidence.
There shall be excluded from the record, however, by motion of either party or at the direction of the
administrative judge, any matters that are libelous or of a personal nature which do not in the opinion
of the administrative judge have a direct bearing on the case at hand. All other matters sought to be
introduced, and 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.
This Rule shall be in force and effect on and after September 1, 1993.
INTRODUCTION OF EVIDENCE AND DISCOVERY. All testimony and documentary evidence
shall be presented at the evidentiary hearing before the administrative judge, which hearing shall be
stenographically reported or recorded. Where additional evidence is offered on the review before the
Full Commission, it shall be admitted in the discretion of the Commission. A motion for the introduction
of additional evidence must be made in writing at least five (5) days prior to the date of the hearing of
the review by the Full Commission. Such shall state with particularity the nature of such evidence, the
necessity therefor, and the reason it was not introduced at the evidentiary hearing. If additional
evidence is admitted, it shall be stenographically reported or recorded and become a part of the record.
Depositions may be taken and discovery had by any party in accordance with the Mississippi
Rules of Civil Procedure relating to depositions and discovery (Rules 26 - 37) except as specifically
amended by the Commission rules.
INTERROGATORIES; REQUESTS FOR PRODUCTION. Interrogatories to parties and the responses thereto and requests for production of documents and things and the responses thereto shall
be served upon other counsel or parties as provided by Rules 33 and 34 of the Mississippi Rules of Civil
Procedure, respectively. The interrogatories, requests for production, and responses shall not be filed
with the Commission, but the party serving the discovery or responses shall mail to the Commission
a copy of the transmittal letter to be placed in the case file.
DEPOSITIONS. Medical depositions shall be filed with the Commission. Depositions other than
medical depositions shall not be filed with the Commission.
REQUESTS FOR ADMISSION. Requests for admissions and the responses thereto (Rule 36,
M.R.C.P) shall be filed with the Commission.
MEDICAL RECORDS AND AFFIDAVITS. The medical record of examining or treating physicians,
including narrative office notes, reports dictated by the physician in the ordinary course of his or her
practice, completed Commission Forms B-9 and B-27 or HCFA 1500 forms, and other records
composed by the physician in his or her practice, may be introduced into evidence in lieu of direct
testimony taken at the hearing or by deposition upon the following conditions.
1. The party wishing to introduce such medical records shall notify opposing parties and
the Commission by written notice served at least thirty (30) days prior to the scheduled hearing. The
pretrial statement may suffice as notification under this rule.
2. A copy of the medical records shall be attached to the written notice.
3. There shall be submitted with the medical records a sworn statement of either the
physician or the physician's medical records custodian stating that the attached medical records are a
true and correct copy of the medical records of the physician as kept in the regular course of the
physician's medical practice.
4. The contents of the medical reports shall be subject to the same objections as to
relevancy and competency as the testimony of the reporting physician had he or she been personally
present to testify at the hearing. Any objection at the use of an affidavit must be made within fifteen
(15) days after receipt by the objecting party of a notice of intent to use such affidavit.
5. Any other party to the controversy shall have the opportunity to take the deposition of
the physician and/or require the physician's presence at the hearing on the merits, at the sole expense
of the party who requests the deposition or appearance at the hearing. Notice of the deposition must
be made prior to setting the case for hearing on the merits, and the deposition must be taken prior to
the hearing on the merits. At the deposition or hearing, the physician shall be declared to be the
witness of the party who announced intention to introduce the medical records in lieu of direct
testimony. The other party must cooperate in the taking of the deposition.
6. If the claimant announces intent to introduce medical records into evidence in lieu of the
physician's testimony, and the employer or carrier takes the deposition of that physician, the employer
or carrier may be reimbursed $200.00 from the administrative expense fund upon the filing of the
deposition with the Commission, together with a written request for reimbursement. Only one such
reimbursement may be made to the employer or carrier in each case. Likewise, if the employer or
carrier announces intent to introduce medical records into evidence in lieu of the physician's testimony,
and the claimant takes the deposition of the physician, the claimant may be reimbursed $200.00 from
the administrative expense fund upon the filing of the deposition with the Commission, together with
a written request for reimbursement. Only one such reimbursement may be made to the claimant in
each case, and the reimbursement counts as one of the two allowed by Procedural Rule 18.
7. The affidavits shall not contain opinions or other matters composed by attorneys for the signature of physicians. The Commission intends for this rule to pertain to narrative notes and reports
composed and generated by the physician in the ordinary course of medical practice.
8. The affidavit used for the introduction of medical records shall be in the form prescribed by
the Commission.
The Rule shall be in force and effect on and after September 1, 1993.
REVIEW HEARINGS. In all cases where either party desires a review before the Full Commission
from the decision rendered at the evidentiary hearing, the party desiring the review shall within twenty
(20) days of the date of said decision file with the Secretary of the Commission a written request or
petition for review before the Full Commission. 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 but will be granted if one or more of the parties request same by
filing a written request within fifteen (15) days after the date the petition for review is filed with the
Commission. The Commission may also request the parties to give 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, which may be in the form of a letter or of 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 oral argument has been requested, and a party desires also to submit a written brief, he must
file the brief not less than five (5) days before the hearing date. If oral argument is not requested, the
petitioner shall have thirty (30) days following the date the record is mailed to the parties within which
to submit a brief. The opposing party then has an additional thirty (30) days from that date (or a total
of sixty days from the date the record is mailed to the parties) within which to submit a response, if
desired.
The parties filing a petition for review, cross-petition for review or briefs shall certify that copies
have been provided to the opposing party; provided, however, that failure to file such certification shall
not be a bar to the review requested.
This Rule shall be in force and effect on and after September 1, 1993.
APPEAL FROM COMMISSION AWARD. Should either party desire to appeal from an award of
the Commission, the party desiring to appeal within thirty (30) days of the date of the award will file
a notice of appeal with the Secretary of the Commission. 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 Circuit Court is filed with the Commission, the Secretary shall,
with a proper letter of transmittal, place the matters possessed by this Commission and pertaining to the appealed case in the hands of the Circuit Court within thirty (30) days after such notice of appeal
is received by the Commission.
Following rendition by the Circuit Court or Supreme Court of any order or decree affecting any
matter over which this Commission has jurisdiction, the parties to the cause shall file a copy of such
decree or order with the Commission within thirty (30) days of the date of rendition. The Commission
will not take judicial notice of a higher court's award until the foregoing provision is complied with.
This Rule shall be in force and effect on and after September 1, 1993.
ATTORNEYS. Upon satisfactory evidence of employment, attorneys shall be entitled to all
information available to their respective clients, whether claimants or employers. Either party shall
likewise be bound by the acts of his respective counsel until a revocation of employment is filed with
the Commission.
A fee of not more than $200.00, or an aggregate of $200.00 in any one case, shall be
considered consultation, and shall not be submitted to the Commission for approval. In all instances
where attorney's fees in any matter exceed $200.00, a fee agreed upon by an attorney and claimant
shall be submitted to the Commission for approval as provided for in Code Section 71-3-63 (Section
26 of the 1948 Act).
An attorney who is not licensed in good standing to practice law in Mississippi, but who is
currently a member in good standing of the bar of another state, the District of Columbia, or other
American jurisdiction and who is of good moral character and familiar with the ethics, principles,
practices, customs, and usages of the legal profession in this state, may appear as counsel pro hac vice
in a particular cause before the Commission, pursuant to the conditions set forth in the Mississippi
Supreme Court Rules (Rule 46).
This Rule shall be in force and effect on and after September 1, 1993.
VIOLATIONS OF CHILD LABOR LAW. In matters pertaining to violations of the Child Labor Law,
those certain sections numbered 71-1-17 thru 71-1-33, inclusive, of the 1972 Code of Mississippi
Annotated, shall be considered by the Commission as the labor law referred to in Code Section 71-3-107 (Section 48 of Act) of the Mississippi Workers' Compensation Act. The Commission 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, heretofore referred to. 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.
This Rule shall be in force and effect on and after November 1, 1960.
DEVIATION FROM RULES. In any case, for good cause shown, the Commission or the
Administrative Judge may permit deviations from these rules insofar as compliance therewith may be found to be impossible or impracticable.
This Rule shall be in force and effect on and after November 1, 1960.
SETTLEMENTS. All matters pertaining to applications for lump sum settlements pursuant to
Code Section 71-3-37 (10) (Section 13(j) of the 1948 Act); attorneys fees as provided for in Section
71-3-63 (Section 26 of the 1948 Act); and compromise settlements in Code Section 71-3-29 (Section
9(i) of the 1948 Act) of the Mississippi Workers' Compensation Act, as amended, will be considered at
the offices of the Commission on Tuesday and Wednesday of each week by either the Commission or
an administrative judge. In all Code Section 71-3-29 (Section 9(i) of Act) compromise settlements,
where the claimant is physically able, it shall be the responsibility of the insurer to make the claimant
available at the office of the Commission in Jackson, Mississippi, or at some other designated location,
on a day set by the Commission; provided, however, that where minors and incompetents are
concerned, or where the claimant is represented by counsel, claimant's presence will not be required;
and provided further that all expenses incurred in transporting the claimant from his home to the
designated location shall be paid by the insurer.
Compromise settlement petitions and orders may also be submitted to the administrative judge
at motion day or at other designated times in the discretion of the Commission or administrative judge.
A settlement approved by an administrative judge shall be deemed to have the same legal effect as a
settlement approved by the Commission.
In every case of compromise settlement, the proposed settlement will be explored and medical
reports will be examined to determine if the amount of the proposed settlement appears fair and
reasonable. If the Commission or administrative judge considers that the proposed settlement is not
accurately reported, is not completely understood by the claimant, or is not in the best interest of the
claimant, then approval for settlement will be withheld. If the Commission or administrative judge finds
nothing objectionable about the terms or amount of the proposed settlement and is satisfied that the
claimant understands its import and effect, and further believes that it would be in claimant's best
interest, a compromise settlement will be approved.
This Rule shall be in force and effect on and after September 1, 1993.
FILING OF FORMS. In requiring the filing of Forms B-15, B-16 and B-17, the Commission's sole
purpose is to require promptness in the filing of certain desired data and to obtain information from
interested parties by their signatures thereon that they have notice of that data being on file with the
Commission. Inasmuch as Code Section 71-3-37(1)(Section 13(a) of Act), as amended, prohibits the
Commission from making an award, except where liability to pay, compensation is controverted, the
forms, B-15 and B-17, are not intended to be a binding contract on the parties whose signatures appear
thereon, or in the nature of an adjudication on the information set forth thereon, or an award by the
Commission, and the requirement for signatures on said forms is not intended to affect the rights of said
parties or operate as a waiver or estoppel of any of their rights to have a full and complete hearing on
any matter arising under the Workers' Compensation Act. In order to insure the prompt payment of
compensation and to avoid delay occasioned by unnecessary controversy and costly hearings, the
Commission does however encourage the parties to agree whenever possible on matters of mutual
interest such as, but not limited to, average weekly wage, rate of compensation, period of temporary
disability, date of maximum medical recovery, degree of permanent disability, apportionment, loss of
wage earning capacity, facial disfigurement and dependency and to report such agreement for Commission approval on Form B-15 or Form B-17, whichever is appropriate.
This Rule shall be in force and effect on and after July 1, 1982.
REPORT OF PAYMENT AND SETTLEMENT RECEIPT. The requirement for the filing of
Commission Form B-31, shall be deemed to have been met upon receipt by the Commission of such
form, signed by the claimant, provided however, that the form so filed is in accordance with the
requirements of Code Section 71-3-37(7) (Section 13(j) of Act) and contains the information specified
therein. In the event Form B-31 is not signed by claimant, the unsigned form shall be filed with the
Commission with notice of such filing given to the claimant. Should the original or any subsequent
Form B-31 be filed that does not furnish all medical or other information required, another Form B-31
containing complete information shall be filed as soon as possible thereafter as provided in Code Section
71-3-37 (Section 13 of Act).
This Rule shall be in force and effect on and after July 1, 1982.
SUBPOENAS WITNESS FEES AND SANCTIONS.
(a) For Attendance of Witnesses: Forms; Issuance. Every subpoena shall be issued by the
Commission Secretary or as provided in Code Section 71-3-61 (Section 25 of the Act), under the seal
of the Commission, shall state the name of the Commission and the title of the action, 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.
(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; but the Commission, 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.
(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 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.
(c) Service. A subpoena may be served by the sheriff, by his deputy, or by any person who
is not a party and is not less than 18 years of age, and his return endorsed thereon shall be prima facie
proof of service, or the witness may acknowledge service in writing on the subpoena. Service of the
subpoena shall be executed upon the witness personally.
(d) Subpoena for Taking Depositions; Place of Examination.
(1) Proof of service of a notice to take deposition as provided in Rules 30(b) and 31(a) of
the Mississippi Rules of Civil Procedure constitutes a sufficient authorization for the issuance by the
Commission Secretary of subpoenas for the persons named or described therein. The subpoena may
command the person to whom it is directed to produce and permit inspection and copying of designated
books, paper, documents, or tangible things which constitute or contain matters within the scope of
the examination permitted by Rule 26(b) of the Mississippi Rules of Civil Procedure, but in that event
the subpoena will be subject to the provisions of Rule 26(b) and subdivision (b)(1) of this rule.
(2) The person to whom the subpoena is directed may within ten (10) days after the service
thereof or on or before the time specified in the subpoena for compliance if such time is less than ten
(10) days after service serve upon the attorney designated in the subpoena written objection to
inspection or copying of any or all of the designated materials. If objection is made, the party serving
the subpoena shall not be entitled to inspect and copy the material except pursuant to an order of the
Commission and the party serving the subpoena may, if objection has been made, move upon notice
to the deponent for an order at any time before or during the taking of the deposition.
(3) A resident of the State of Mississippi may be required to attend an examination only in
the county wherein he resides or is employed or transacts his business in person, or at such other
convenient place as is fixed by an order of the Commission. A non-resident of this state subpoenaed
within this state may be required to attend only in the county wherein he is served, or at a place within
this state not more than forty (40) miles from the place of service, or at such other convenient place
as is fixed by an order of the Commission.
(e) Subpoena for a Hearing or Trial. At the request of any party subpoenas for attendance
at a hearing or trial shall be issued by the Secretary of the Commission, if available, otherwise by a
Commissioner or an Administrative Judge. A subpoena requiring the attendance of a witness at a
hearing or trial may be served at any place within the state.
(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served
upon him may be certified to the proper Circuit Court for contempt proceedings by the Commission.
(g) Sanctions. On motion of a party or of the person upon whom a subpoena for the
production of books, papers, documents, or tangible things is served and upon a showing that the
subpoena power is being exercised in bad faith or in such manner as unreasonably to annoy, embarrass,
or oppress the party or the person upon whom the subpoena is served, the Commission may order that
the subpoena be quashed and may enter such further orders as justice may require to curb abuses of
the power granted under this rule. To this end, the Commission may award to the successful movant
attorney's fees and expenses for challenging the subpoena and may order that they be paid directly by
the attorney who caused the issuance of such subpoena.
(h) Witness Fees. Witnesses subpoenaed to appear in proceedings before the Commission
shall receive the same fees and mileage as witnesses in civil cases in courts of record. The Commission
may allow the payment from the Administrative Expense Fund of said fees and mileage to witnesses,
other than expert medical witnesses, subpoenaed at the request of claimants. A payment not to exceed
Two Hundred Dollars ($200.00) for a deposition or for testifying at an evidentiary hearing, may be
allowed to each medical expert so testifying on behalf of a claimant; said payment likewise to be paid
from said fund. The aforesaid payment of Two Hundred Dollars ($200.00) for expert medical testimony
by deposition from said fund shall only apply to depositions taken by claimant and filed with the
Commission in a controverted claim. Except on prior written approval of the Commission or an
administrative judge, payment for expert medical witnesses on behalf of the claimant, whether by
deposition or at an evidentiary hearing, shall be limited to two (2).
The Commission may at its discretion suspend or eliminate payment for expert medical witness
fees as provided herein without notice.
Inasmuch as the Administrative Expense Fund is funded by assessments against the carriers
writing compensation insurance in the state and self-insurers, as provided by Code Section 71-3-99
(Section 44 of the 1948 Act), and inasmuch as the application, computation, requisition, and
disbursement of payments of fees and mileage for witnesses or carriers and self-insurers result in
additional expense which ultimately must be borne by them, said carriers and self-insurers are,
therefore, required to pay said fees and mileage directly to each witness subpoenaed at their request.
It is not intended that carriers and self-insurers shall pay fees and mileage, if payment of same is
ordered to be paid by claimant pursuant to Code Section 71-3-59 (Section 24 of the 1948 Act).
This Rule shall be in force and effect on and after September 1, 1993.
REHABILITATION. Rehabilitation cases shall be reported on Form R-1 or R-2, Revised as
approved by the Mississippi Workers' Compensation Commission September 1981, in compliance with
the provisions of Code Section 71-3-105 and 71-3-19 (Sections 47 and 8(d) of the Act).
(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 Mississippi Workers' Compensation
Commission, Form R-2, Revised, 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, Revised, together with
copies of all reports, programs and services.
(d) 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 undesirable for continued 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 undesirable for
employment in any part of the industry using Form R-1.
(e) The amount of additional compensation awarded to be used for Vocational Rehabilitation
purposes will be determined by the recommendation of Vocational Rehabilitation Division setting out
the contemplated program of training needed and the necessary cost thereof, and shall be awarded only
after the injured has been accepted for training.
The employer and carrier are requested by the Commission to report all cases not within the
jurisdiction of the Compensation Act where there is a need for Vocational Rehabilitation Services which
comes to their attention.
This Rule shall be in force and effect on and after July 1, 1982.
FILING OF PLEADINGS AND OTHER DOCUMENTS. Except for the claimant's petition to controvert (in triplicate); employer's notice of controversion, Forms B-15, B-16, and B-17 (original and
two copies); proposed order for approval of settlement (original and three copies); and briefs to the Full
Commission (original and two copies); only one copy of a pleading or other document is required to be
filed a the Commission. Once a case is controverted, each party shall certify that he or she has sent
a copy of the pleading or other document to each other party to the case.
Any document or pleading prepared by an attorney for a party shall contain the typed or printed
name, official Mississippi Bar identification number, and address and telephone number of the attorney.
All pleadings and other documents filed with the Commission, including any stenographically reported
depositions, shall be typed or printed on letter size (8-1/2" x 11 ") paper to conform with the Mississippi
Rules of Civil Procedure and the Mississippi Supreme Court Rules and shall contain the style of the case
and Commission file number.
This rule shall be in force and effect on and after September 1, 1993.