A memorandum was issued by the Mississippi Workers’ Compensation Commission in 2013 that details the updates to the settlement checklist used by the commission for workers’ compensation cases. All of the items on the checklist need to be addressed prior to a settlement being submitted to the commission. The checklist has 10 major parts and two additional part that should be considered.
Here’s a breakdown of the checklist and what you need to know as an HR manager when filing any workers’ compensation claims in MS this year.
Is a Final Medical Report Available?
In the majority of cases, the commission requires a final medical report before submission of the settlement. This requirement can be waived if the parties agree the claimant is permanently disabled, if the claim was denied and no benefits were paid, if the claimant denied medical attention or if the claim is asking for a reward for facial disfigurement.
Does it Have Liens?
This requirement asks about a child support lien or spousal support liens in the settlement. If yes, the parties need to have copies of the correspondence with the Mississippi Department of Human Services.
Attorney Fee Lien
If there is an attorney fee lien, there must be copies of correspondence from the attorney that explain the amount proposed as settlement of the lien and how the lien will be paid.
Other Liens
If there are any other types of liens present in the settlement there must be copies of correspondence that determines the amount proposed and how the lien will be paid.
Are the Order and Petition Signed Correctly?
Both of these documents must be signed by all of the attorneys who worked on the settlement as well as the claimant. The signature of the claimant must be notarized.
Qualified Notary Must Perform Notarial Act
All notarial acts within the settlement must be performed by qualified notaries. Take any forms to a licensed notary public before filing them.
Parties Must be Represented by an Attorney
All parties taking part in the workers’ compensation settlement in MS must be represented by an attorney unless they are acting as a pro se claimant.
Proper Attorney Information
The documents must have the following information about the attorneys included:
– Printed or typed name
– Mississippi Bar identification number
– Addresses
– Telephone numbers
– Facsimile numbers
– Email addresses
Is Claimant or Death Beneficiary Under 21?
According to Mississippi code, any person under the age of 21 is a minor. The state’s constitution ensures that the Mississippi Chancery Court has ‘full jurisdiction’ over the business of minors.
Required Number of Copies
The memorandum states that the original and three additional photo copies are needed when submitting the proposal.
Attorney’s Fees and Medicare Set Aside Arrangements
These issues are not required for the settlement, but attorneys can find out if they have been determined on their own.
Cases on Appeal
If a case is pending in another court, the Commission cannot consider a settlement it has received.
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