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The Mississippi Legislature set up the Workers'
Compensation Commission to oversee the payment of
injured workers' claims. The Commission operates solely
on money generated by the insurance industry. All
workers' compensation insurance carriers are assessed
each year to pay for the operation of the "Commission."
Three commissioners appointed by the Governor for
six-year staggered terms regulate the Commission. One
commissioner term expires every two years. They may be
re-appointed at the Governor's discretion for an
additional six years. The Governor chooses one of the
three commissioners to serve as chairman. The
commissioners in turn hire the administrative judges (AJ).
We currently have eight AJ's who travel to the various
counties to hear cases. Only about 5% of the claims
filed progress to the administrative judge level. Most
claims are handled routinely between the insurance
carrier and the claimant.
The 5% of claims that progress to the law judges arise
out of disagreement between the injured worker and
insurance carrier as to the extent of injury or amount
of settlement. These claims involve attorneys and are
very expensive to settle. If either party disagrees with
the administrative judge, they can appeal to the full
commission. Dissatisfaction with the commission finding
can send the case circuit court level, then the court of
appeals and finally the Mississippi Supreme Court.
Usually a case only goes all the way to the Supreme
Court if a point of law is involved. In other words, one
of the parties is trying to set a legal precedent or
keep a legal precedent from being set.
The Mississippi Workers' Compensation Commission web
site is http://www.mwcc.state.ms.us/.
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