Procedure to Controvert

Procedure to Controvert. A. Claimant Represented by an Attorney An Employee’s attorney may controvert a claim by filing with the Commission a properly executed Petition to Controvert, Form B- 5,11. This document shall be filed electronically with the Commission through the Attorney Transmittal Online System (ATOS). In all claims in which no benefits, including disability, death, and medical benefits, have been paid, the Claimant shall file medical records in support of his claim for benefits within sixty days of filing a Petition to Controvert. Absent good cause shown, Claimant’s failure to file medical records in support of his claim for benefits in accordance with this rule may result in dismissal of the claim or other sanctions. 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. § 71-3-83, so the owners/officers will be given notice of the claim when filed and afforded an opportunity to answer. B. Unrepresented Claimant An Employee may controvert a claim by filing with the Commission a properly executed Petition to Controvert, Form B- 5,11. This document shall be mailed to the Commission. The Claimant shall file medical records in support of his claim for benefits within sixty days of filing a Petition to Controvert. Claimant’s failure to file medical records in support of his claim for benefits may result in dismissal of the claim or other sanctions. C. Employer or Carrier An Employer or Carrier may controvert its liability to pay a claim by filing a Notice of Controversion, Form B-52, pursuant to Miss. Code Ann. § 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 Employee is represented, to his or her attorney through ATOS or by mail. 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.