2007 Regular Session
To: Insurance; Judiciary A
By: Representative Guice
AN ACT TO AMEND SECTION 71-3-109, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE WORKERS' COMPENSATION LAW SHALL NOT APPLY TO AN EMPLOYEE REGULARLY EMPLOYED IN THIS STATE IF THE ACCIDENT CAUSING INJURY OR DEATH OCCURS ON OR AFTER JULY 1, 2007, WHILE THE EMPLOYEE IS EMPLOYED OUTSIDE THIS STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 71-3-109, Mississippi Code of 1972, is amended as follows:
71-3-109. (1) If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of his employment while temporarily employed outside of this state, he or his dependents in case of his death shall be entitled to compensation according to the law of this state. This provision shall apply only to those injuries received by the employee within six (6) months after leaving this state unless, prior to the expiration of such six (6) months' period, the employer has filed with the commission of Mississippi notice that he has elected to extend such coverage a greater period of time. However, this subsection shall not apply to an employee if the accident causing injury or death occurs on or after July 1, 2007, while the employee is employed outside of this state.
(2) The provisions of this section shall not apply to an employee whose departure from this state is caused by a permanent assignment or transfer.
(3) Any employee who has been hired or is regularly employed outside of this state and his employer shall be exempted from the provisions of this chapter while such employee is temporarily within this state doing work for his employer if such employer has furnished workers' compensation insurance coverage under the workers' compensation or similar laws for a state other than this state so as to cover such employee's employment while in this state, provided the extra-territorial provisions of this chapter are recognized in such other state and provided employers and employees who are covered in this state are likewise exempted from the application of the workers' compensation or similar laws of such other state. The benefits under the workers' compensation or similar laws of such other state shall be the exclusive remedy against such employer for any injury, whether resulting in death or not, received by such employee while working for such employer in this state.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.