2018 Mississippi Code
Title 71 - Labor and Industry
Chapter 3 - Workers’ Compensation
Mississippi Workers’ Compensation Self-Insurer Guaranty Association Law
§ 71-3-167. Duties and powers of the commission.
(1) The commission shall:
(a) Upon the request of an association or of any other party or without any request on its own motion, enter any appropriate order finding a member self-insurer to be in default and to determine the date of such default and promptly notify the association to which such member self-insurer belongs of the existence of such default and the date of such default.
(b) Upon request of the board of directors of an association, provide such association with a statement of compensation payments of each member self-insurer of such association.
(2) The commission may:
(a) Require that the group association notify the member self-insurers of any group self-insurer in default and any other interested parties of the default. Such notification shall be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient.
(b) Suspend or revoke, after notice and hearing, the authority to self-insure granted under Section 71-3-75, Mississippi Code of 1972, of any member self-insurer who fails to pay an assessment when due, or fails to comply with the plan of operation of the association to which it belongs. As an alternative, the commission may levy a fine on any member self-insurer who fails to pay an assessment when due or fails to comply with the plan of operation. Such fine shall not exceed five percent (5%) of the unpaid assessment per month, except that no fine shall be less than One Hundred Dollars ($100.00) per month.
(c) Revoke the designation of any servicing facility if it finds claims are being handled unsatisfactorily.
(3) Any final action or order of the commission under Sections 71-3-151 through 71-3-181 shall be subject to judicial review in a court of competent jurisdiction.
