Identification Number:
DI 52120 TN 22
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:State Specific Workers Compensation (WC) Procedures
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part DI – Disability Insurance
Chapter 521 – Workers' Compensation/Public Disability Benefit (WC/PDB) Offset
Subchapter 20 – State Specific Workers' Compensation (WC) Procedures
Transmittal No. 22, 11/16/2018

Audience

PSC: BA, CA, DS, IES, PETE, RECONR, SCPS;
OCO-OEIO: BIES, BTE, CR, CTE, ERE, FCR, PETL, RECONE, RECONR, RECOVR;
OCO-ODO: BTE, CR, CST, CTE, CTE TE, PAS, PETE, PETL, RCOVTA, RECONE, RECOVR;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, OA, OS, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

This is a minor update to Mississippi WC POMS to include a reminder to check available online resources for WC payment information in DI 52140.020.

This is a Quick Action Transmittal (QAT). The revision does not change or introduce new policy or procedure.

Summary of Changes

DI 52120.135 Mississippi Workers’ Compensation (WC)

Subsection A. - Added 2nd paragraph to remind technicians to check WC Resource page in DI 52140.020 for states with available online resources.

DI 52120.135 Mississippi Workers’ Compensation (WC)

A. Mississippi WC payment provisions

All payments are limited to 450 weeks and subject to a State maximum.

Once you are certain the WC evidence is not already in file, check the WC Resource Page in DI 52140.020 to see if that state is one that provides SSA with access to its online records. The value of online records can vary from State to State and some development may still be required. However, the sites available usually provide contact information for the employer, WC carrier or the WC attorney, which can just-start the development process. Also included in the WC resource intranet site is a list of limited individuals in the PC with online access to those individual State records.

B. Lump Sum (LS) payments

WC Commission's decision is final unless a petition for review is filed within 20 days. The Commission's decision upon review is final unless either party files for judicial review within 30 days. In addition, for the period of one year, the WC Commission can review a compensation order but only for a change in condition or mistake in fact.

C. Cost-of-living Adjustments (COLA)

Mississippi does not pay a cost of living increase or any other increase.

D. Attorney fees

The maximum attorney fee for a case decided by the WC Commission is 25 percent. If the case is heard in court the attorney may charge 33 1/3 percent.

E. Retirement insurance benefit (RIB) considerations

Mississippi WC does not offset due to the receipt of RIB.

F. References

http://www.mwcc.State.ms.us/ - Mississippi Workers’ Compensation Website

http://www.mslawyer.com/mwcc/mwcc.html - Mississippi Lawyer Information Site

DI 52150.045 - For individual State maximum rates visit

DI 52150.060 - Prorating a WC/PDB Lump Sum Settlement

DI 52150.030 - Considering the RIB Option

DI 52150.050 - Excludable Expenses


DI 52120 TN 22 - State Specific Workers Compensation (WC) Procedures - 11/16/2018