ARTICLE: TIME LIMITATIONS WHICH BAR CLAIMS IN MISSISSIPPI WORKERS' COMPENSATION: A RE-EXAMINATION Skip over navigation
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Copyright (c) 1993 Mississippi Law Journal
Mississippi Law Journal

ARTICLE: TIME LIMITATIONS WHICH BAR CLAIMS IN MISSISSIPPI WORKERS' COMPENSATION: A RE-EXAMINATION

SPRING, 1993

62 Miss. L.J. 511

Author

John R. Bradley 1

Excerpt

I. INTRODUCTION

This article undertakes an explanation and analysis of time limitations which bar claims in Mississippi workers' compensation law. Along the way, it points out instances of surprising and often unfair results, wrong turns and assumptions that led to some of those results, and solutions in existing statutes and decisions which offer better and fairer approaches at the key points of tension. Here is a precis of the major points.

1. Both the one-year statute and the two-year statute apply to claims for benefits. Nothing in the statute says that either displaces the other. They exist side-by-side as is common in workers' compensation. A claim can be barred only by the later-expiring period.

2. When only medical benefits (as opposed to disability benefits also) have been provided, notice must be given to the worker by Form B-31 in order to set the one-year period in motion. In this respect, a "medical only" case is governed by the same statutes and rules that apply when disability benefits have been provided.

3. The all-important "notice" contained in the Form B-31 should be designed realistically to contain a message to the worker of the actual meaning and consequences of the "form."

A. Provisions, Principles and Problems

Two different provisions in the Mississippi Workers' Compensation Law 2 impose important time limitations which can bar claims for benefits. The two-year statute, which appears in section 71-3-35(1), 3 can bar claims for medical services, disability income benefits and death benefits. The ...
 
 
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