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MS SB2386
Bill
AI Summary
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Reconstitutes the Mississippi Workers' Compensation Commission effective July 1, 2012 with three commissioners appointed by the Governor with Senate approval: one general attorney, one attorney representing workers' compensation claimants with 5+ years experience, and one attorney representing carriers/employers with 5+ years experience, with staggered initial terms of 2, 4, and 6 years respectively.
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Changes the Commission's jurisdiction from a trial body to an appellate body that reviews administrative law judges' decisions based on the record, with authority to overturn findings of fact only if clearly erroneous.
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Transfers initial hearing and claim determination authority to administrative law judges, who gain full power to determine compensation claims, conduct investigations, order hearings, and make or deny awards.
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Establishes that administrative law judges' decisions become final unless a request for commission review is filed within 20 days, after which the Commission acts as an appellate body reviewing the record.
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Allows appeals from Commission decisions to the Mississippi Supreme Court within 30 days, with the Supreme Court reviewing all questions of law and fact and having authority to affirm, reverse, or enter appropriate judgment.
Legislative Description
Workers' Compensation Commission; change composition and jurisdiction.
Last Action
Died In Committee
3/6/2012