House Bill 555

AN ACT TO AMEND SECTION 71-3-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI WORKERS' COMPENSATION LAW SHALL NOT BE PRESUMED TO FAVOR ONE PARTY OVER ANOTHER; TO PROVIDE THE PRIMARY PURPOSES OF THE WORKERS' COMPENSATION LAW; TO AMEND SECTION 71-3-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "INJURY" IN THE WORKERS' COMPENSATION LAW TO DELETE THE PROVISION OF LAW THAT PROVIDES THAT AN EMPLOYEE FOUND DEAD SHALL BE PRESUMED TO HAVE BEEN INJURED OUT OF OR IN THE COURSE OF HIS EMPLOYMENT; TO AMEND SECTION 71-3-7, MISSISSIPPI CODE OF 1972, TO REVISE THE WORKERS' COMPENSATION LAW TO REQUIRE THE CLAIMANT TO PROVIDE MEDICAL PROOF TO HIS EMPLOYER OF THE DIRECT CAUSAL CONNECTION BETWEEN THE WORK PERFORMED AND THE ALLEGED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE; TO REQUIRE THE CLAIMANT TO FILE MEDICAL PROOF OF THE DIRECT CAUSAL CONNECTION BETWEEN THE WORK PERFORMED AND THE ALLEGED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE WHEN FILING A PETITION TO CONTROVERT; TO PROVIDE THAT A PREEXISTING CONDITION DOES NOT HAVE TO BE OCCUPATIONALLY DISABLING FOR APPORTIONMENT TO APPLY; TO AMEND SECTION 71-3-15, MISSISSIPPI CODE OF 1972, TO REVISE THE WORKERS' COMPENSATION LAW TO PROVIDE THAT IF THE EMPLOYEE IS TREATED FOR HIS ALLEGED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE BY A PHYSICIAN FOR SIX MONTHS OR LONGER, OR IF THE EMPLOYEE HAS SURGERY FOR THE ALLEGED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE PERFORMED BY A PHYSICIAN, THEN THAT PHYSICIAN SHALL BE DEEMED THE EMPLOYEE'S SELECTION; TO AMEND SECTION 71-3-17, MISSISSIPPI CODE OF 1972, TO REVISE THE WORKERS' COMPENSATION LAW TO INCREASE THE MAXIMUM AMOUNT THE COMMISSION MAY AWARD THE EMPLOYEE FOR SERIOUS FACIAL OR HEAD DISFIGUREMENT FROM $2,000.00 TO $5,000.00; TO AMEND SECTION 71-3-19, MISSISSIPPI CODE OF 1972, TO REVISE THE WORKERS' COMPENSATION LAW TO INCREASE THE MAXIMUM AMOUNT THE COMMISSION MAY AWARD IN ADDITIONAL COMPENSATION FROM $10.00 PER WEEK TO $25.00 PER WEEK, UP TO A MAXIMUM OF 52 WEEKS, FOR AN EMPLOYEE WHO AS A RESULT OF INJURY IS OR MAY BE EXPECTED TO BE TOTALLY OR PARTIALLY INCAPACITATED FOR A REMUNERATIVE OCCUPATION AND WHO, UNDER THE DIRECTION OF THE COMMISSION IS BEING RENDERED FIT TO ENGAGE IN A REMUNERATIVE OCCUPATION; TO AMEND SECTION 71-3-25, MISSISSIPPI CODE OF 1972, TO REVISE THE WORKERS' COMPENSATION LAW TO INCREASE THE DEATH BENEFIT IMMEDIATE LUMP-SUM PAYMENT FROM $250.00 TO $1,000.00; TO INCREASE THE MAXIMUM DEATH BENEFIT FOR REASONABLE FUNERAL EXPENSES FROM $2,000.00 TO $5,000.00; TO AMEND SECTION 71-3-63, MISSISSIPPI CODE OF 1972, TO REVISE THE WORKERS' COMPENSATION LAW TO PROVIDE THAT ATTORNEYS MAY NOT RECOVER ATTORNEY'S FEES BASED UPON BENEFITS VOLUNTARILY PAID TO AN INJURED EMPLOYEE FOR TEMPORARY OR PERMANENT DISABILITY; TO AMEND SECTION 71-3-121, MISSISSIPPI CODE OF 1972, TO REVISE THE WORKERS' COMPENSATION LAW PROVISIONS OF LAW REGARDING THE RIGHT OF AN EMPLOYER TO ADMINISTER OR DEMAND THE EMPLOYEE SUBMIT TO A DRUG AND ALCOHOL TEST; TO REVISE THE PROVISIONS OF LAW REGARDING THE ADMISSIBILITY OF DRUG AND ALCOHOL TESTS AS EVIDENCE; TO REVISE THE PROVISIONS OF LAW REGARDING THE BURDEN OF PROOF THAT THE EMPLOYEE WAS USING DRUGS ILLEGALLY, USING PRESCRIPTION DRUGS IMPROPERLY OR INTOXICATED DUE TO THE USE OF ALCOHOL; TO REVISE THE PROVISIONS OF LAW REGARDING THE BURDEN OF PROOF THAT THE EMPLOYEE'S USE OF DRUGS ILLEGALLY, USE OF PRESCRIPTION DRUGS IMPROPERLY OR INTOXICATION DUE TO THE USE OF ALCOHOL WAS A CONTRIBUTING CAUSE OF THE ACCIDENT; TO AMEND SECTION 71-7-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

In the House of Representatives

• Mark Formby

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Feb 14 – Mar 19

1. Feb 14Referred to the House committee on Insurance
2. Mar 1Reported from committee in the House: title sufficient, do pass as a committee substitute
3. Mar 13Failed to suspend the rules in the House
4. Read the third time in the House
5. Mar 14Committee substitute adopted in the House
6. In the House: Previous Question
7. Failed in the House
8. Motion in the House to reconsider entered (Moore, Chism and Buck (5th))
9. Mar 16Motion in the House to reconsider lost
10. Mar 19Died on the calendar in the House