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MS SB2749

Bill

Status

Failed

2/23/2016

Primary Sponsor

Videt Carmichael

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Grants the Workers' Compensation Commission exclusive jurisdiction over claims for alleged bad faith claims handling and intentional torts arising from workers' compensation claim handling by employers, administrators, or insurers.

  • Requires all pending bad faith claims handling actions to be immediately transferred to the Commission upon the bill's effective date of July 1, 2016.

  • Authorizes the Commission to levy a reasonable penalty payable as increased compensation to the claimant upon finding bad faith claims handling by clear and convincing evidence, considering wrongfulness, intent, amounts owed, repetition, and employee harm.

  • Defines "bad faith claims handling" as intentional and malicious denial or substantial delay of compensation benefits without any reasonable basis or reasonable belief that benefits were not currently due.

  • Specifies that failure to pay benefits timely does not constitute bad faith claims handling by itself and remains subject to existing penalty provisions under Section 71-3-37.

Legislative Description

Workers' Compensation Commission; shall have exclusive jurisdiction of bad faith claims handling.

Last Action

Died In Committee

2/23/2016

Committee Referrals

Judiciary, Division A2/8/2016

Full Bill Text

No bill text available