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MWCC Commission Secretary's Frequently Asked Questions

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Contents:

What are the responsibilities of the Commission Secretary's Office?
Who are the staff members of the Commission Secretary's Office?
Where can I purchase a copy of the Mississippi Workers' Compensation Law and Commission Forms?
Are Commission forms color-coded?
How is a Commission file created?
How many copies of a Petition and Order for settlement are required?
What are the signature requirements for settlement documents?
Who receives a copy of Commission Orders?
Does a Form B-31 have to be submitted if a case is dismissed?
Does a Form B-31 have to be submitted every time additional medical is paid on a claim?
When does the statute of limitations run on a claim?
When should a Form B-31 be filed?
When is an Administrative Judge's Order final (how long do you have to appeal a Judge's final Order)?
When is a Full Commission Order final (how long do you have to appeal a Full Commission Order)?
When will a transcript be prepared and sent to the parties?
How and when should a party request an oral argument?
When should a Full Commission brief be filed?
Which county is a Circuit Court appeal record sent?
Where should an appeal to the Circuit Court be filed?
Where should an appeal to a Circuit Court Order be sent?
What is the current mileage rate?
What is the current weekly compensation rate?
How can I get a subpoena or subpoena duces tecum issued?

What are the responsibilities of the Commission Secretary's Office?

The Office of the Commission Secretary exists to support many areas of the Commission some of which include: the attesting of all Commission Orders; the processing of subpoenas; processing of appeals to the Full Commission and Circuit Court; the monitoring of Commission controverted files from the issuance of a Judge's final order to the closing of the Commission controverted file; the development and maintenance of destruction schedules for Commission records.

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Who are the staff members of the Commission Secretary's Office?

Joyce Wells, Commission Secretary
Wanda Whisenton, Assistant Secretary
Dorothy Vance, Assistant Secretary
Adie Thompson, Appeals Clerk

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Where can I purchase a copy of the Mississippi Workers' Compensation Law and Commission Forms?

MWCC Forms Page for forms.
Lexis Publishing Company for law books.

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Are Commission forms color-coded?

All Commission forms should now be submitted to the Commission on white paper to aid in the imaging process of our claim files.

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How is a Commission file created?

The Commission file may be set up by the filing of a First Report of Injury Form by the employer or by the filing of a Form B-5,11 by the claimant and/or his or her attorney.

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How many copies of a Petition and Order for settlement are required?

An original and two (2) copies of the Order are required unless there are additional attorneys involved in the case and if so there would need to be extra copies for the additional attorney(s); an original Petition is required (if the parties request a filed stamped copy of the Petition, then additional copies should be sent).

What are the signature requirements for settlement documents?

The claimant’s notarized signature must always be included with any settlement documents being submitted to the Commission for approval, whether the claimant is represented by counsel or not. If represented, the claimant’s attorney must also include their signature and other information required of attorneys by Procedural Rule 20. All other parties to the settlement must be represented by a licensed MS attorney, and their signatures must be included as well. Procedural Rule 20 states: “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.” NOTE: A proposed change to Procedural Rule 20 currently on file with the Secretary of State, and expected to be adopted effective August 15, 2011 will also require the attorney’s facsimile number and email address to be included with their signature as well.

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Who receives a copy of Commission Orders?

Copies of Orders are mailed to attorneys of record for both parties, and to any non-represented party. Dismissal Orders are also mailed to the claimant.

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Does a Form B-31 have to be submitted if a case is dismissed?

Yes, if any compensation benefits were ever paid on the claim.

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Does a Form B-31 have to be submitted every time additional medical is paid on a claim?

If additional medical is paid on a compensable claim, after a B-31 has been previously filed, a new B-31 should be filed reflecting these additional payments.

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When does the statute of limitations run on a claim?

The statute of limitations for reopening a case runs one year following the correct filing of a Form B-31 or one year after rejection of a claim. The statute of limitations for filing a claim runs two (2) years following the date of injury if no compensation is paid, or no Petition to Controvert is filed.

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When should a Form B-31 be filed?

When the employer/carrier are reasonably sure that all compensation and medical benefits have been paid.

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When is an Administrative Judge's Order final (how long do you have to appeal a Judge's final Order)?

An appeal to Full Commission should be filed within twenty (20) days of the Order of the Administrative Judge. (Any appeal due to be filed on a Saturday, Sunday, Holiday, or any other day the office is not open for business would be accepted on the next working day.)

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When is a Full Commission Order final (how long do you have to appeal a Full Commission Order)?

An appeal to the Circuit Court should be filed with the Commission within thirty (30) days of the Full Commission Order.

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When will a transcript be prepared and sent to the parties?

As soon as an appeal to the Full Commission is received, the transcript along with exhibits will be prepared by the transcription service or court reporter and sent to the attorneys of record or to any non-represented party.

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How and when should a party request an oral argument?

A party wishing to request an oral argument before the Full Commission should file a written request for oral argument within fifteen (15) days after the Petition for Review is received by the Commission.

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When should a Full Commission brief be filed?

If requesting an oral argument, any briefs filed with the Commission should be submitted at least five (5) business days before the Full Commission hearing.

If the parties desire a decision without the benefit of an oral argument, the petitioner has 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 to submit a response. If no briefs are filed at the end of sixty (60) days, the file is assigned to a Commission for review by the Full Commission.

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Which county is a Circuit Court appeal record sent?

The record is sent to the Circuit Court Clerk of the county of accident.

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Where should an appeal to the Circuit Court be filed?

A Circuit Court appeal should be filed with the Mississippi Workers' Compensation Commission. The Commission will transmit the record to the Circuit Court of the county in which the injury occurred within thirty (30) days following receipt of the appeal in the Commission offices.

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Where should an appeal to a Circuit Court Order be sent?

An appeal of a Circuit Court Order should be sent to the Circuit Clerk of the County where the Order was issued. Please send a copy to the Commission.

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What is the current mileage rate?

Please refer to the rates page for the current mileage rate.

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What is the current weekly compensation rate?

Two-thirds (2/3) the claimant's average weekly wage at the time of the injury, subject to a maximum as calculated annually pursuant to the Mississippi Code Annotated, Section 71.3.13. Please refer to the rates page for the weekly maximum rates.

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How can I get a subpoena or subpoena duces tecum issued?

Subpoena forms are signed and sealed, but otherwise are blank. The party requesting the subpoena should complete the form and have it served in accordance with proper Commission rules and procedures. The forms may be copied, although we suggest that you retain a good original to copy from in order that you keep a clear copy.

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