MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Insurance

By: Representative Green (72nd)

AN ACT TO AMEND SECTION 71-3-25, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRIBUTION OF DEATH BENEFITS UNDER THE WORKERS' COMPENSATION LAW; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 71-3-25, Mississippi Code of 1972, is amended as follows:

71-3-25. If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:

(a) An immediate lump sum payment of Two Hundred Fifty Dollars ($250.00) to the surviving spouse, in addition to other compensation benefits.

(b) Reasonable funeral expenses not exceeding Two Thousand Dollars ($2,000.00) exclusive of other burial insurance or benefits.

(c) If there be a surviving spouse, * * * to such surviving spouse one hundred percent (100%) of the average wages of the deceased during widowhood or dependent widowhood, provided that the total amount payable shall in no case exceed sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state, subject to the maximum limitations as to weekly benefits as set up in this chapter. In case of the death or remarriage of such surviving spouse, any surviving dependent children of the deceased employee shall receive their proportionate share of one hundred percent (100%) of such wages, provided that the total amount payable shall in no case exceed sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state, subject to the maximum limitations as to weekly benefits as set up in this chapter. The commission may, in its discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor dependent. In the absence of such a requirement, the appointment of a guardian for such purposes shall not be necessary, provided that if no legal guardian be appointed, payment to the natural guardian shall be sufficient.

(d) If there be a surviving dependent child or children of the deceased but no surviving spouse, then for the support of each such child their proportionate share of one hundred percent (100%) of the wages of the deceased, provided that the aggregate shall in no case exceed sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state, subject to the maximum limitations as to weekly benefits as set up in this chapter.

(e) If there be no surviving spouse or child, * * * then for the support of grandchildren or brothers and sisters, parents or grandparents, if dependent upon the deceased at the time of the injury, their proportionate share of one hundred percent (100%) of such wages for the support of * * * such persons during their dependency. But in no case shall the aggregate amount payable under this paragraph exceed * * * the amount payable as herein provided to surviving spouse * * * or surviving dependent child or children, subject to the maximum limitations as to weekly benefits as set up in this chapter.

(f) The total weekly compensation payments to any or all beneficiaries in death cases shall not exceed the weekly benefits as set up in this chapter and shall in no case be paid for a longer period than four hundred fifty (450) weeks or for a greater amount than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state.

(g) All questions of dependency shall be determined as of the time of the injury. A surviving spouse, minor child or minor children shall be presumed to be wholly dependent. All other dependents shall be considered on the basis of total or partial dependence as the facts may warrant.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.