Mississippi Administrative Code

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. Th…

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…

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…

Notes 20 Miss. Code. R. 1-1.4 Repealed effective April 1, 2001

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…

Notes 20 Miss. Code. R. 1-1.6 Repealed effective September 1, 1993

(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 a…

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 informati…

The employer shall select competent physicians, hospitals, and other attendance or treatment and immediately furnish such services, including all emergency services, to the injured employee. The injured employee shall have the right to accept the services furnished by the employe…

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, employ…

Any party seeking Commission review of a decision by an Administrative Judge shall file a written request or petition for review with the Secretary of the Commission within twenty (20) days of the date of the Administrative Judge's decision. Any other party to the dispute may cro…

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 th…

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 wit…

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…

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 …

All matters pertaining to applications for lump sum payment of benefits pursuant to Miss. Code Ann. § 71-3-37(10); requests for lump sum payment of attorney's fees pursuant to Miss. Code Ann. § 71-3-63; requests for approval of compromise settlements pursuant to Miss. Code Ann. §…

Notes 20 Miss. Code. R. 1-2.16 Repealed effective April 1, 2001

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 signatu…

(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 e…

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 …

A. Claimant Represented by an Attorney An Employee's attorney may controvert a claim by filing with the Commission a properly executed Petition to Controvert, Form B-5,11. This document shall be filed electronically with the Commission through the Attorney Transmittal Online Syst…

A. Attorneys of Record Any document or pleading prepared by an attorney representing a party shall be electronically filed with the Commission through ATOS and contain the typed or printed name, official Mississippi Bar identification number, email address, mailing address and te…

Every party to a controverted or non-controverted case must keep the Commission informed of that party's current address, e-mail address and telephone number. Attorneys representing a party in any claim shall also keep the Commission informed of their current address, telephone n…

(a) All motions shall be filed in the manner prescribed by Miss. Work. Comp. Comm. Rule 2.20. All documents to be considered as evidence by the Administrative Judge shall be attached to the motion or described with specificity if already filed. A proposed order must accompany eac…

No person or party shall discuss or attempt to discuss with or in the presence of a Commissioner or Administrative Judge the merits of a claim which is pending before the Commission or Administrative Judge or which is likely to be pending therein, except in pleadings, motions, br…

Scope of Rules 100 These sections set forth the Commission's Rules governing the form and content of requests for declaratory opinions and the Commission's procedures regarding the requests as required by Mississippi Code 25-43-2.103. Persons Who May Request Declaratory Opinions …

Scope 101 This Rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Commission pursuant to the Mississippi Administrative Procedures Law. When an O…

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. Notes 20 Miss. Code. R. 1-2.3 Miss. Code Ann. § 71-3-85. Amended 1/17/2018 Amended 6/12…

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 li…

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…

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…

All evidentiary hearings before an Administrative Judge or review hearings before the Commission, shall be docketed with the Commission at least twenty-three (23) days before the date set for hearing, except when the parties otherwise agree or when shorter notice is allowed by st…

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 hav…

All testimony and documentary evidence shall be presented at the evidentiary hearing before the Administrative Judge. The hearing shall be stenographically reported or recorded. The Commission has discretion to admit any additional evidence offered on review. A motion to introduc…

The Mississippi Works Fund was created through Mississippi Works Funds created in Mississippi Code Annotated § 71-5-353. The rules for the Mississippi Works Fund (MS Works Fund) are promulgated in accordance with Senate Bill 2723, Regular Legislative Session 2022, which empowers …

The MS Works Fund is a legislatively authorized program administered by AccelerateMS that is tasked with providing funding to address immediate training needs and support for related economic development activities throughout the state. MS Works funding may be utilized by Acceler…

The applicable Training Provider, in partnership with the Benefitting Business, must submit electronic copies of the application in the format adopted by AccelerateMS. A. The application must be complete, with all information supplied. Incomplete applications will not be eligible…

Upon approval of the application by AccelerateMS, Training Providers must enter into a sub grant agreement with AccelerateMS to facilitate training related to the project activity. Notes 20 Miss. Code. R. 201-2-2.11 Miss. Code Ann. § 71-5-353 Adopted 9/9/2016 Amended 9/23/2022…

All funds deposited into the Mississippi Department of Employment Security (MDES) MS Works Fund shall be disbursed exclusively by the Executive Director of the MDES, in accordance with the rules and regulations promulgated by AccelerateMS. The MDES, upon approval by AccelerateMS,…

External applications are accepted year-round, as training needs are identified, if funds are available. Training Providers must apply on behalf of the Benefitting Business through AccelerateMS and complete the MS Works Fund proposal package. Requirements include: A. Business Des…

The Mississippi public community college system and its partners shall be the primary entities to facilitate the training associated with each of the types of projects, but other training partners are also eligible to provide training services based on the training plan approved …

Within this document, the applicant is identified as the Training Provider. Additionally, the industry benefiting from training is identified as the Benefitting Business. To qualify a full-time job is defined as averaging a minimum of 35 hours per week. Notes 20 Miss. Code. R. 20…

A. Job Creation Projects primarily address economic development projects, which must result in net new jobs or meet retention requirements. These projects must be tied to a specific project with an eligible industry. B. Workforce Retention and Reskilling Projects are adopted to m…

Eligible projects must meet the critical training needs of a specific Benefitting Business with high-wage jobs. Funding must be used to train employees in skills necessary for the operation of the business, or to support subsidized on-the-job training for net new full-time jobs c…

The applicable Training Provider will apply on behalf of a Benefitting Business to receive training funds. The Benefitting Business must fall into one of the following two categories: A. Existing: For-profit businesses that have been in operation for a minimum of one year prior t…

MS Works Funds may only be used for immediate training needs for the net jobs created and retained. Requirements for Use of Funds: A. Not more than five hundred thousand dollars ($500,000) may be awarded annually for the training needs of any one employer. B. Project cycles run f…

The following activities are specifically prohibited for funding from MS Works Funds: A. Project funds may not be used to pay training costs of a company that relocates the company's worksite from one community in Mississippi to another. B. MS Works Fund grants may not be used to…