Loading chat...
MS SB2749
Bill
Status
2/23/2016
Primary Sponsor
Videt Carmichael
Click for details
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