MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary A

By: Representative Watson

House Bill 834

AN ACT TO AMEND SECTION 71-3-47, MISSISSIPPI CODE OF 1972, TO REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ORDER AN EMERGENCY HEARING UPON REQUEST OR PETITION OF EITHER PARTY FOR SUCH HEARING; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 71-3-47, Mississippi Code of 1972, is amended as follows:

     71-3-47.  Except as otherwise provided by this chapter, the details of practice and procedure in the settlement and adjudication of claims shall be determined by rules of the commission, the text of which shall be published and be readily available to interested parties.

     The commission shall have full power and authority to determine all questions relating to the payment of claims for compensation.  The commission shall make or cause to be made such investigation as it deems necessary and, upon application of either party or upon its own initiative, shall order a hearing, shall make or deny an award, and shall file the same in its office.

     Upon request or petition of either party for an emergency hearing, the commission shall order such hearing within twenty (20) days of the request or petition.

     Informal conferences and hearings in contested cases may be conducted by a duly designated representative of the commission. Upon the conclusion of any such hearing, the commission's representative shall make or deny an award, and file the decision in the office of the commission.  Immediately after such filing, a notice of decision shall be sent to all interested parties.  This decision shall be final unless within twenty (20) days a request or petition for review by the full commission is filed.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2010.