Mississippi Code

Miss. Code Ann. § 71-3-59 (2026)

Costs in proceedings brought without reasonable ground; penalties for pursuit of frivolous claim

✓ current as of July 2026

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(1) If the court having jurisdiction of proceedings in respect of any claim or compensation order determined that the proceedings in respect of such claim or order have been instituted or continued without reasonable ground, the costs of such proceedings shall be assessed against the party who has so instituted or continued such proceedings.

(2) If the full commission determines that proceedings in respect to a claim have been instituted, continued or delayed, including by way of appeal to the commission, without reasonable ground, the full commission shall require the party who has so instituted, continued or delayed such proceedings or the attorney advising such party, or both, to pay the reasonable expenses, including attorney's fees, caused by such institution, continuance or delay to the opposing party. In addition to requiring the payment of reasonable expenses, including attorney's fees, to the opposing party, the commission may levy a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) against such party, or attorney advising or assisting such party, or both, payable to the commission. Any such civil penalty levied and collected by the commission shall be deposited into the Administrative Expense Fund provided for in Section 71-3-97 and any such penalty which is not voluntarily paid may be collected by civil suit brought by the commission.

Codes, 1942, § 6998-30; Laws, 1948, ch. 354, § 24; reenacted without change, Laws, 1982, ch. 473, § 30; Laws, 1987, ch. 361, § 5; reenacted without change, Laws, 1990, ch. 405, § 31; Laws, 1993, ch. 552, § 1, eff. 4/13/1993.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2000–2023 · leading case: Charles Wright v. Turan-Foley Motors, Inc., 269 So. 3d 160 (Miss. Ct. App. 2018).

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Charles Wright v. Turan-Foley Motors, Inc., 269 So. 3d 160 (Miss. Ct. App. 2018). · cites it 2× “” Miss. Code Ann. § 71-3-59 (2). Commission Procedural Rule 18(g) similarly authorizes an award of attorney’s fees only “upon a showing that the subpoena power is being exercised in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the party or the…”

Arthur Minor v. RGT Mgmt. Inc., 271 So. 3d 644 (Miss. Ct. App. 2018). “Miss. Code Ann. § 71-3-59 . ¶ 10. Minor filed a Motion for Reconsideration or, Alternatively, to Sever Sanctions into Separate Cause of Action on November 7, 2017, requesting that the Commission "reconsider the sanctions altogether and set them aside, or .”

Cardie B. Blackwell v. Howard Indus., Inc., 243 So. 3d 774 (Miss. Ct. App. 2018). “Referrals by the chosen physician shall be limited to one (1) physician within a specialty or subspecialty area. "If the court having jurisdiction of proceedings in respect of any claim or compensation order determined that the proceedings .”

Jay Foster v. Sanders Constr. & Builders & Contractors Ass'n of Mississippi (Miss. Ct. App. 2020). · cites it 2× “” Miss. Code Ann. § 71-3-59 (2). As noted, 6 the Commission exercised this authority and sanctioned Foster for delaying the proceedings by ordering him to pay $4,000 to both Lamar and counsel for Sanders.”

Gamma Healthcare Inc. & Employers Ins. Co. of Wausau v. Est. of Sharon Burrell Grantham (Miss. 2022). “Miss. Code Ann. § 71-3-59 (2) (Rev. 2021).”

Howard Indus., Inc. v. Selina Hayes (Miss. 2023). “Therefore, based on our review of the proceedings and pursuant to the statutory authority in Miss. Code Ann. § 71-3-59 , we affirm the Administrative Judge’s imposition of sanctions and award of attorney’s fees.”

Charles Hawthorne v. Mississippi State Hosp. (Miss. Ct. App. 2023). “See Miss. Code Ann. § 71-3-59 (2) (Rev. 2021).”

Zimmerman v. Howard Transp., Inc., 820 So. 2d 697 (Miss. Ct. App. 2000). “Howard requested the Commission to enter sanctions and penalties against Zimmerman as provided by Miss.Code Ann. § 71-3-59. Howard also objected to the admission of evidence of additional medical records after the conclusion of the administrative hearing.”

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