House Bill 917

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; TO BRING FORWARD SECTION 71-3-55, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 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. Section 71-3-55, Mississippi Code of 1972, is brought forward as follows:

71-3-55. (1) In making an investigation or inquiry or conducting a hearing, the commission shall not be bound by common law or statutory rules of evidence or by technical or formal rules or procedure, except as provided by this chapter, but may make such investigation or inquiry or conduct such hearing in such manner as best to ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.

(2) Hearings before the commission shall be open to the public and shall be stenographically reported or recorded and transcribed. The commission shall by regulations provide for the preparation of a record of the hearings and other proceedings.

(3) Unless otherwise ordered by the commission, hearings shall be conducted in the county where the injury occurred.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.