2012
Regular Session
Workers' Compensation Law; revise various provisions.
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.
06/12/12 at 10:48
S
B
2576
Senate Bill 2576
SB 2576
S
Law
General Bill/Constitutional Amendment
No
Majority
July 1, 2012
522
Insurance
F
../../House_cmtes/IN.xml
Insurance
F
../../Senate_cmtes/IN.xml
Longwitz
../../Senate_authors/Longwitz.xml
A
../../code_sections/071/00030001.xml
A
../../code_sections/071/00030007.xml
A
../../code_sections/071/00030015.xml
A
../../code_sections/071/00030017.xml
A
../../code_sections/071/00030019.xml
A
../../code_sections/071/00030025.xml
A
../../code_sections/071/00030063.xml
A
../../code_sections/071/00030121.xml
A
../../code_sections/071/00070005.xml
1
02/20 (S) Referred To Insurance
2
02/22 (S) Title Suff Do Pass Comm Sub
3
03/14 (S) Committee Substitute Adopted
4
03/14 (S) Amended
5
03/14 (S) Passed As Amended
../../../../2012/pdf/votes/senate/0720005.pdf
6
03/16 (S) Transmitted To House
7
03/22 (H) Referred To Insurance
8
03/22 (H) Title Suff Do Pass As Amended
9
03/26 (H) Read the Third Time
10
03/29 (H) Amended
11
03/29 (H) Passed As Amended
../../../../2012/pdf/votes/house/0870003.pdf
12
03/29 (H) Motion to Reconsider Entered (Evans (91st), Chism, Buck (5th))
13
04/02 (H) Motion to Recnsdr Tabled Lost
14
04/02 (H) Reconsidered
15
04/02 (H) Tabled Subject To Call
16
04/05 (H) Passed As Amended
../../../../2012/pdf/votes/house/0940026.pdf
17
04/09 (H) Returned For Concurrence
18
04/20 (S) Decline to Concur/Invite Conf
19
04/25 (H) Conferees Named Chism,Formby,Busby
20
04/27 (S) Conferees Named Carmichael,Kirby,Longwitz
21
04/29 (H) Conference Report Filed
22
04/29 (S) Conference Report Filed
23
04/30 (H) Conference Report Adopted
../../../../2012/pdf/votes/house/1190009.pdf
24
04/30 (S) Conference Report Adopted
../../../../2012/pdf/votes/senate/1190017.pdf
25
05/03 (S) Enrolled Bill Signed
26
05/03 (H) Enrolled Bill Signed
27
05/14 Approved by Governor
../../../../documents/2012/pdf/SB/2500-2599/SB2576SG.pdf
../../../../documents/2012/html/SB/2500-2599/SB2576SG.htm
../../../../documents/2012/pdf/SB/2500-2599/SB2576IN.pdf
../../../../documents/2012/html/SB/2500-2599/SB2576IN.htm
../../../../documents/2012/pdf/SB/2500-2599/SB2576CS.pdf
../../../../documents/2012/html/SB/2500-2599/SB2576CS.htm
../../../../documents/2012/pdf/SB/2500-2599/SB2576PS.pdf
../../../../documents/2012/html/SB/2500-2599/SB2576PS.htm
../../../../documents/2012/pdf/SB/2500-2599/SB2576SG.pdf
../../../../documents/2012/html/SB/2500-2599/SB2576SG.htm
../../../../documents/2012/pdf/cr/SB2576CR.pdf
../../../../documents/2012/html/cr/SB2576CR.htm
Conference Report
Amendment Report for Senate Bill No. 2576
../../../../documents/2012/pdf/ham/Amendment_Report_for_SB2576.pdf
../../../../../documents/2012/html/ham/Amendment_Report_for_SB2576.htm
Committee Amendment No 1
Adopted
../../../../documents/2012/pdf/ham/SB2576_H_Cmte_Amend_01.pdf
../../../../../documents/2012/html/ham/SB2576_H_Cmte_Amend_01.htm
../../../../2012/pdf/votes/house/0870002.pdf
{Vote}
Amendment No 1 (Cmte Sub)
Adopted
../../../../documents/2012/pdf/sam/SB2576_S_(Cmte_Sub)_Amend_01.pdf
../../../../../documents/2012/html/sam/SB2576_S_(Cmte_Sub)_Amend_01.htm
Voice Vote