Last fall, the Mississippi Workers’ Compensation Commission undertook a substantial revision of both its General and Procedural Rules. Click here to read the amended rules that became effective on January 18, 2018.
One of the most controversial amendments involves Procedural Rule 2.12, which governs settlements of workers’ compensation claims. The Commission added language to limit the calculation of the allowable fees for claimants’ attorneys in settlements that involve funds designated for Medicare Set Aside (MSA) arrangements.
Previously, a claimant’s attorney was allowed to calculate his or her 25% fee using the entire settlement amount, including the amount designated for an MSA arrangement, provided the claimant received from the settlement a net amount equal to or in excess of the MSA amount. With the recent amendment to Procedural Rule 2.12, the 25% fee for a claimant’s attorney may be based only on the amount of the settlement that is not proposed as funding an MSA arrangement.