Compilation of the Rules of the Mississippi Workers

BEFORE THE MISSISSIPPI WORKERS' COMPENSATION COMMISSION

V

MWCC NO.

ANSWER

The Employer and/or Carrier above named, for answer to the Petition to Controvert herein, respectfully states:

1. It is () that claimant sustained an injury on or about the date set forth in the Petition to Controvert. It is denied that claimant sustained any other injury or disease including multiple , as a result of her employment.

2. It Is () that the relationship of employer and employee existed at the time of the alleged injury or occupational disease.

3. It Is () that the parties were subject to the Mississippi Workers' Compensation Act at the time of alleged injury or occupational disease. If denied, state reason:

4. It is () that at the time of the alleged injury the employee was performing service growing out of and in the course of his employment. It is denied that the employee was performing service growing out of and in the course of his employment when she developed multiple .

5. It is () that the accident causing the injury to claimant's ribs for which compensation is claimed arose out of the alleged employment. It is denied that the multiple arose out of the alleged employment.

6. It Is () that notice of injury or occupational disease complained of in the Petition to Controvert was received.

7. It is () () that the employer was insured under the Mississippi Workers' Compensation Act at the time of alleged injury or occupational disease, or was a Self-Insurer under the Mississippi Workers' Compensation Act.

8. It is () that the average weekly wage as set forth in the Petition to Controvert is correct. If denied state average weekly wage and attach hereto a wage statement or state reason not furnished:

9. It is () that claimant was temporarily disabled for the period stated in the Petition to Controvert. If denied state temporary disability admitted not yet determined:

10. It is () that claimant is permanently disabled to the extent and for the period stated in the Petition to Controvert. If denied state permanent disability admitted. none.

11. It is () that claimant sustained the loss of wage earning capacity stated in the Petition to Controvert. If denied state loss of wage earning capacity admitted None.

12. (YES) (NO) All medical reports that have come into (our) possession have been filed or are being filed herewith. If no, list reports not filed and state reason for not filing. S..

13. Affirmative defenses, special pleadings or matters in dispute (use additional sheet if necessary)

See Exhibit "A" attached hereto and incorporated herein by reference.

EXHIBIT "A"

1. Everything hereinabove denied is in dispute, and every material allegation contained in the Petition To Controvert not expressly admitted is hereby denied and in dispute, and the employer and carrier demand strict proof of every such item denied.

2. The employer and carrier deny liability for any medical or other treatment sought and rendered contrary to the specific provisions of Miss. Code Ann. Sec. 71-3-15 (1972) and Mississippi Workers' Compensation Commission General Rule 9.

3. In the event the proof elicited in this cause reveals that claimant is suffering from a pre-existing condition, disease, handicap, or lesion which is the sole or a material contributing factor to claimant's alleged permanent disability, then the employer and carrier aver that they would be entitled to an apportionment as provided by Miss. Code Ann. Sec. 71-3-7 (1972).

4. In the event the proof elicited in this cause reveals that the claimant's condition is due to an independent intervening non-industrial accident or condition, then the employer and carrier aver that they should not be liable.

6. The employer and carrier specifically deny that claimant has suffered any injury or occupational disease as a result of her employment with the Department of Mental Health, other than the isolated injury to her ribs on July 10, 1990.