Settlements and Mediation

Settlements and Mediation. All matters pertaining to applications for lump sum payment of benefits pursuant to Miss. Code Ann. § 71-3-37(10); requests for lump sum payment of attorney’s fees pursuant to Miss. Code Ann. § 71-3-63; requests for approval of compromise settlements pursuant to Miss. Code Ann. § 71-3-29; and requests for approval of third party settlements pursuant to Miss. Code Ann. § 71-3-71 shall be considered at the offices of the Commission by the Commission. Proposed settlements and all applications for lump sums shall be electronically filed through ATOS and shall be assigned to a Commissioner for review. Unrepresented Claimants may file an application for lump sum payment of benefits by mail. At the Commission’s discretion, the Commission may assign a settlement to be reviewed by an Administrative Judge as deemed appropriate. A settlement agreement or lump sum payment application approved by an Administrative Judge shall have the same force and effect as one approved by the Commission. In all Miss. Code Ann. § 71-3-29 compromise settlements and Miss. Code Ann. § 71-3-71 third party settlements, where the Claimant is physically able, it shall be the responsibility of the Employer or insurer to make the Claimant available, along with the legal representative of the Employer or insurer, at the office of the Commission in Jackson, Mississippi, or at some other designated location, on a day set by the Commission or Administrative Judge if requested by the Commission or Administrative Judge; however, where minors and incompetents are concerned, or where the Claimant is represented by counsel, Claimant’s presence shall not be required. All expenses incurred in transporting the Claimant from his home to the designated location shall be paid by the Employer or insurer. Prior to appearing before the Commission with an unrepresented Claimant, counsel for Employer or insurer shall file the proposed settlement paperwork and supporting documentation with the Commission. After the Commission reviews the proposed settlement, the attorney shall be notified via e-mail that the Claimant shall be made available in the manner requested by the Commissioner to whom the settlement is assigned to the Commission for the settlement interview. A Claimant making application for lump sum payment of benefits pursuant to Miss. Code Ann. § 71-3-37(10) shall, unless represented by an attorney or unless otherwise provided by the Commission or Administrative Judge, make himself or herself available for an interview with the Commission or one of its Administrative Judges prior to approval of the application. The purpose of this interview is to a. explain to the applicant the nature and consequences of his or her actions in applying for a lump sum payment of benefits, and b. determine whether payment in this manner is in the Claimant’s best interest. In every case of compromise settlement, the proposed settlement will be explored and medical reports shall be examined to determine if the amount of the proposed settlement appears fair and reasonable. The Commission or Administrative Judge shall not approve the settlement if it is: a. not accurately reported, b. not completely understood by the Claimant, or c. not in the best interest of the Claimant. The Commission or Administrative Judge shall approve the settlement if: a. the underlying facts, terms, and amount of the settlement are accurately reported, b. Claimant understands the settlement’s import and effect, and c. the settlement is in Claimant’s best interest. MEDIATION. The Commission encourages voluntary alternative dispute resolution and mediation by the parties on the terms they may choose. The Commission does not endorse or recommend any particular mediation procedures or lists of mediators. Names of mediators may be obtained from the Mississippi Bar’s website, for which there is a link on the Commission’s website. All settlement agreements reached through mediation must be submitted for consideration and review by the Commission pursuant to Miss. Code. Ann. Section 71-3-29.