Prehearing Statement; Setting of Hearings

Prehearing Statement; Setting of Hearings. Before a matter can be set for hearing on the merits, each party must submit a complete Prehearing Statement with appropriate documents attached. The completed Prehearing Statement shall follow the form prescribed by the Commission and be completed per its instructions. Attorneys shall file the Prehearing Statement electronically with the Commission through ATOS. All depositions shall be taken or officially noticed before the hearing on the merits is set. If medical witnesses have not been deposed before the Prehearing Statement is filed, a copy of the notice of the deposition must be attached to the Prehearing Statement. Except for depositions and exhibits to depositions, counsel shall secure the Administrative Judge’s permission to attach to the Prehearing Statement any single, proposed exhibit that exceeds fifty (50) pages. The written information submitted by the parties shall comprise the only prehearing conference to be held routinely before the hearing, unless the Administrative Judge or a party requests further conference for special needs in a particular claim. The granting of a prehearing conference shall be in the discretion of the Administrative Judge. After the parties file complete Prehearing Statements, the Administrative Judge shall advise the Commission docket room that the matter is ready to be set for hearing. The Administrative Judge may schedule the hearing, or the docket room shall notify the parties in writing that they may contact the Administrative Judge’s legal assistant to request a setting. The hearing date shall follow the date of the last deposition. Both parties shall confirm a hearing date or dates with the Administrative Judge’s legal assistant within two (2) business days after a hearing date or dates are provided; failure to confirm a date for hearing without good cause may result in sanctions for unreasonable delay. Within fifteen (15) days after the discovery deadline expires per Mississippi Workers’ Compensation Commission Procedural Rule 2.7, the Claimant shall file a properly completed Prehearing Statement or a written request for an extension of time explaining the reasons for the request. The Employer and carrier shall have fifteen (15) days after the filing of the Claimant’s properly completed Prehearing Statement to file a properly completed Prehearing Statement or written request for an extension of time. Claimant’s failure to timely file the Prehearing Statement may result in the dismissal of the claim or other sanctions. Employer/Carrier’s failure to timely file the Prehearing Statement may entitle Claimant to a unilateral setting or other sanctions.