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Mississippi Workers' Compensation Legal Library

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Procedural Rule 2.2 Procedure to Controvert.

An employee may controvert a claim by filing with the Commission a properly executed Petition to Controvert, Form B-5,11 (original and two copies). This document may be filed electronically with the Commission through the Attorney Transmittal Online System (ATOS).

A claimant's attorney preparing to file a Petition to Controvert shall (a) locate the proper Commission claim file number by using claimant's name/social security number to check the “First Report of Injury” portal on the Commission web site for a non-controverted file that appears to reference the same injury; (b) determine whether the employer had workers' compensation insurance coverage on the date of the injury by checking the “Proof of Coverage” portal on the Commission web site; (c) list only one date of injury per Petition to Controvert; (d) correctly identify the employer, county of injury and date of injury to prevent filing delays due to misinformation; and (e) file an attorney employment/fee contract, if one is not already on file.

If the employer is uninsured, the claimant shall include on the Petition to Controvert the name and address of each owner of the employer, or, in the case of an uninsured corporation, the names and addresses of the corporate president, secretary and treasurer pursuant to Miss. Code Ann. Section 71-3-83, so the owners/officers will be given notice of the claim when filed and afforded an opportunity to answer.

An employer may controvert its liability to pay a claim by filing a Notice of Controversion, Form B-52, pursuant to Miss. Code Ann. Section 71-3- 37(4). Employer or Carrier shall simultaneously mail or personally deliver a copy of the Notice of Controversion to the employee at the employee's most current address which can be determined by diligent inquiry or, if the claimant is represented, to his or her attorney. Employer or Carrier must file the First Report of Injury form before or with the Notice of Controversion. Commission Form B-18, Notice to Employee of Suspension of Payment, shall suffice as notice of controversion if the employer or carrier has paid workers' compensation disability benefits.

This Rule shall be in force and effect on and after January 18, 2018.

Source: Miss. Code Ann. § 71-3-85.

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