MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Insurance; Judiciary A

By: Representative Formby, Mims, Moore, Wells-Smith

House Bill 1433

AN ACT TO AMEND SECTION 71-3-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE WORKERS' COMPENSATION LAW SHALL BE IMPARTIALLY CONSTRUED AND APPLIED AND SHALL NOT BE PRESUMED TO FAVOR ONE PARTY OVER ANOTHER; AND FOR RELATED PURPOSES.

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

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

     71-3-1.  This chapter shall be known and cited as "Workers' Compensation Law," and shall be administered by the Workers' Compensation Commission, hereinafter referred to as the "commission," cooperating with other state and federal authorities for the prevention of injuries and occupational diseases to workers and, in event of injury or occupational disease, their rehabilitation or restoration to health and vocational opportunity; and this chapter shall be fairly and impartially construed and applied according to the law and the evidence in the record, and this act shall not be presumed to favor one party over another.  The case law holding that this chapter be liberally construed and that doubtful cases should be compensated is expressly overruled.

     Wherever used in this chapter, or in any other statute or rule or regulation affecting the former Workmen's Compensation Law and any of its functions or duties:

          (a)  The words "workmen's compensation" shall mean "workers' compensation"; and

          (b)  The word "commission" shall mean the Workers' Compensation Commission.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.