Senate Bill 2576

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 71-3-7, MISSISSIPPI CODE OF 1972, 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, IN CERTAIN CLAIMS, 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 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 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 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 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 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 PROVISIONS REGARDING THE RIGHT OF AN EMPLOYER TO ADMINISTER OR DEMAND THE EMPLOYEE SUBMIT TO A DRUG AND ALCOHOL TEST; TO REVISE THE PROVISIONS REGARDING THE ADMISSIBILITY OF DRUG AND ALCOHOL TESTS AS EVIDENCE; TO REVISE THE PROVISIONS 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 CREATE A NEW SECTION OF LAW TO REQUIRE THE WORKERS' COMPENSATION COMMISSION TO PROMULGATE A WRITTEN STATEMENT SPECIFYING THE CHANGES MADE BY THIS ACT TO EVERY EMPLOYER IN THIS STATE; TO REQUIRE EMPLOYERS TO POST SUCH STATEMENT FOR NOTICE TO THEIR EMPLOYEES; AND FOR RELATED PURPOSES.

In the Senate

• Will Longwitz

  Sponsor

• Senate floor amendmentAdopted

  Adopted Mar 14

• House of Representatives committee amendmentAdopted

  Adopted Mar 29

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

In the Senate Feb 20 – Mar 14

1. Feb 20Referred to the Senate committee on Insurance
2. Feb 22Reported from committee in the Senate: title sufficient, do pass as a committee substitute
3. Mar 14Committee substitute adopted in the Senate
4. Amended in the Senate
5. Passed the Senate as amended

In the House of Representatives Mar 16 – Mar 29

1. Mar 16Sent to the House
2. Mar 22Referred to the House committee on Insurance
3. Reported from committee in the House: title sufficient, do pass as amended
4. Mar 26Read the third time in the House
5. Mar 29Amended in the House
6. Passed the House as amended

Back in the Senate Mar 29 – May 3

1. Mar 29Motion in the House to reconsider entered (Evans (91st), Chism and Buck (5th))
2. Apr 2Motion in the House to table the motion to reconsider lost
3. Reconsidered in the House
4. Tabled in the House, subject to being called up again
5. Apr 5Passed the House as amended
6. Apr 9Returned to the Senate to concur in the House's amendments
7. Apr 20Declined in the Senate to concur, and invited a conference
8. Apr 25Conferees named in the House: Chism, Formby and Busby
9. Apr 27Conferees named in the Senate: Carmichael, Kirby and Longwitz
10. Apr 29Conference report filed in the House
11. Conference report filed in the Senate
12. Apr 30Conference report adopted in the House
13. Conference report adopted in the Senate
14. May 3Enrolled bill signed in the Senate

To the Governor May 3 – May 14

1. May 3Enrolled bill signed in the House
2. May 14Approved by the Governor