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Mississippi Workers' Compensation Legal Library

Mississippi Home Page   >   Mississippi Regulations

Procedural Rule 2.4 Response to Petition to Controvert.

The employer or carrier shall file a properly executed Answer, Form B-5,22, with the Commission within twenty-three (23) days after the Commission mails claimant's Petition to Controvert, Form B-5,11 to the employer or carrier. Employer or Carrier may attach a list of affirmative defenses to the Answer. No other copies of the Answer need be furnished to the Commission. The employer or carrier shall mail a copy of the completed Answer and any attachments to the claimant or, if represented, to the claimant's attorney.

Averments contained in claimant's Petition to Controvert to which a responsive answer is required are admitted unless denied in the Answer. All affirmative defenses such as intoxication of the injured employee, willful intent to injure himself or another, statute of limitations, lack of notice, etc., must be pleaded. Unless so pleaded, they shall be deemed waived.

The Administrative Judge may grant employer/carrier additional time to file an Answer, but the discovery period will still begin twenty-three (23) days after the Commission mails the Petition to Controvert to employer/carrier. All requests for additional time shall note claimant's agreement to the extension or be filed as a motion and noticed for hearing in the usual manner. An employer may be sanctioned for failure to timely file an Answer without good cause.

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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