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Mississippi Workers' Compensation Legal Library

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Procedural Rule 2.10 Review Hearings.

Any party seeking Commission review of a decision by an Administrative Judge shall file a written request or petition for review with the Secretary of the Commission within twenty (20) days of the date of the Administrative Judge's decision. Any other party to the dispute may cross-appeal by filing a written cross-petition for review within ten (10) days after the petition for review is filed in the office of the Commission, except that in no event shall a cross-appellant have less than twenty (20) days from the date of decision or award within which to file a cross-petition for review.

Oral argument is not required and may, in the discretion of the Commission, be granted if one or more of the parties file a written request within fifteen (15) days after the date the petition for review is filed with the Commission. The Commission may also ask the parties for oral argument. Arguments of counsel will be limited to twenty (20) minutes for each party.

In any case pending for review before the Commission, a party may submit a brief of law and fact. The brief may be in the form of a letter or in the format required by the Supreme Court of Mississippi. The party filing a brief shall file the original and two copies and serve a copy to opposing parties. Briefs previously prepared for the Administrative Judge are not a part of the record on review and are not considered by the Commission.

If a review hearing is scheduled before the Commission, any party submitting a written brief shall file the brief with the Commission at least five (5) business days before the hearing date. If a review hearing is not scheduled before the Commission, the Commission will send all parties written notice of the briefing schedule.

The parties filing a petition for review, cross-petition for review or briefs shall certify that copies have been provided to the opposing party; however, failure to file such certification shall not bar review of the claim.

The record on review before the Commission shall consist of:

a) Any transcript of testimony before the Administrative Judge;

b) Exhibits admitted by the Administrative Judge;

c) Petition to Controvert and Amended Petitions to Controvert;

d) Answers and Amended Answers;

e) Required “B” forms to be filed with the Commission including the B-3, First Report of Injury form; B-18, Payment Notice form; and B-31, Notice of Final Payment form;

f) Motions with attachments and Responses to Motions with attachments;

g) Administrative Judge Orders;

h) Petitions for Settlement along with supporting documentation and Orders Approving Settlement;

i) Prehearing Statements (not including attachments) and Amended Prehearing Statements (not including attachments);

j) Petition for Review and Response to Petition for Review; and

k) Any additional documentation the Commission determines is necessary for inclusion into the record on review.

The record on appeal from the Commission to the Mississippi Supreme Court shall consist of:

a) All of the above listed documents;

b) Motions (with attachments) and Responses to Motions (with attchments) filed before the Commission while on review;

c) Evidence admitted by the Commission on review; and

d) Commission Orders.

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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