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MS HB186
Bill
Status
1/31/2017
Primary Sponsor
Chris Brown
Click for details
AI Summary
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Grants the Workers' Compensation Commission exclusive jurisdiction over all bad faith claims handling and intentional tort claims arising from workers' compensation claim handling by employers, administrators, or insurance carriers.
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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.
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Allows the commission to levy reasonable penalties payable as increased compensation to the claimant upon finding bad faith by clear and convincing evidence, considering factors such as wrongful conduct, intent to harm, amount unpaid, and repetition.
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Clarifies that failure to pay benefits timely does not automatically constitute bad faith, with penalties for untimely payment remaining subject to Section 71-3-37.
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Requires all pending bad faith actions as of July 1, 2017, to be immediately transferred to the commission and directs the commission to promulgate rules governing conduct subject to penalty.
Legislative Description
Workers' Compensation Law; provide commission has exclusive jurisdiction of bad faith claims.
Last Action
Died In Committee
1/31/2017