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Stressing the discretion allowed the Mississippi Workers’ Compensation Commission in granting—or denying—an injured worker’s petition to settle and close out the medical portion of his workers’ compensation claim, a state appellate court affirmed the Commission’s decision that refused to approve a settlement tendered to it for approval. The appellate court acknowledged that there had been no hearing on the petition and noted further that the Mississippi statute did not require such a hearing. The Commission determined that the settlement was not in the best interests of the injured worker—a quadriplegic—and the appellate court said it was not in any position to substitute its own judgment for that of the Commission. The appellate court indicated the Commission had based its decision on its understanding of the facts, that the settlement agreement provided only for “the best case scenario” for the worker. It provided no protections if matters did not work out as hoped by the parties. The court also noted that the Commission had indicated it had concerns about the worker’s support structure.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Himeliz v. Hog Slat, 2021 Miss. App. LEXIS 264 (June 22, 2021)
See generally Larson’s Workers’ Compensation Law, § 132.06.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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