MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Insurance; Judiciary

By: Senator(s) Jordan (18th)

AN ACT TO AMEND SECTIONS 71-3-51 AND 71-3-85, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DIRECT APPEAL OF MISSISSIPPI WORKERS' COMPENSATION COMMISSION AWARDS TO THE MISSISSIPPI SUPREME COURT; TO AMEND SECTIONS 71-5-101 AND 71-5-531, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DIRECT APPEAL OF MISSISSIPPI EMPLOYMENT SECURITY COMMISSION AWARDS TO THE MISSISSIPPI SUPREME COURT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 71-3-51, Mississippi Code of 1972, is amended as follows:

71-3-51. The final award of the commission shall be conclusive and binding unless either party to the controversy shall, within thirty (30) days from the date of its filing in the office of the commission and notification to the parties, appeal therefrom to the Supreme Court of the State of Mississippi * * *.

Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall under its certificate transmit to the Mississippi Supreme Court * * * all documents and papers on file in the matter, together with a transcript of the evidence, the findings, and award, or so much thereof as may be required by rule of the Supreme Court, which shall thereupon become the record of the cause. Appeals shall be considered only upon the record as made before the commission. * * * The Mississippi Supreme Court shall review all questions of law and of fact. If no prejudicial error is found, the matter shall be affirmed and remanded to the commission for enforcement. If prejudicial error is found, the matter shall be reversed and the

Mississippi Supreme Court shall enter such judgment or award as the commission should have entered, or may remand the matter to the commission for further proceedings. * * * An appeal from the commission to the Mississippi Supreme Court shall not act as a supersedeas unless the court * * * shall so direct, and then upon such terms as such court shall direct.

No controversy shall be heard by the commission or an award of compensation made therein while the same matter is pending either before a federal court or the Mississippi Supreme Court.

Any award of compensation made by the * * * Mississippi Supreme Court shall bear the same interest and penalties as do other judgments awarded in * * * circuit court.

SECTION 2. Section 71-3-85, Mississippi Code of 1972, is amended as follows:

71-3-85. (1) There is hereby created a commission to be known as the Workmen's Compensation Commission, which shall be an inferior court within the meaning of Section 172 of the Constitution of the State of Mississippi, consisting of three (3) members, who shall devote their entire time to the duties of the office. The Governor shall appoint the members of the commission, by and with the consent of the Mississippi State Senate, one (1) for a term of two (2) years, one (1) for a term of four (4) years, and one (1) for a term of six (6) years. Upon the expiration of each term as above set forth, the Governor shall appoint a successor for a term of six (6) years, and thereafter the term of office of each commissioner shall be for six (6) years. One (1) member shall be a person who by reason of his previous vocation or affiliation can be classed as a representative of employers, and one (1) member shall be a person who by reason of his previous vocation or affiliation can be classed as a representative of employees. One (1) member shall be an attorney at law of recognized ability with at least five (5) years' active practice in Mississippi prior to his appointment. The Governor shall designate the chairman of the commission, whose term of chairman shall run concurrently with his appointment as a commissioner.

The chairman shall be the administrative head of the commission and shall have the final authority in all matters relating to assignment of cases for hearing and trial and the administrative work of the commission and its employees, except in the promulgation of rules and regulations wherein the commission shall act as a body, and in the trial and determination of cases as otherwise provided.

Upon the expiration of the term of a commissioner, he shall continue to serve until his successor has been appointed. Because cumulative experience is conspicuously essential to the proper administration of a workmen's compensation law, it is declared to be in the public interest to continue workmen's compensation commissioners in office as long as efficiency is demonstrated. A commissioner may be removed for cause prior to the expiration of his term, but shall be furnished a written copy of the charges against him and shall be accorded a public hearing.

Each member of the commission and each administrative law judge shall receive an annual salary fixed by the Legislature.

(2) A vacancy in the commission, if there remain two (2) members of it, shall not impair the authority of such two (2) members to act. In case of illness or continued absence for other reasons, the same authority of such two (2) members shall apply.

(3) The commission shall have the powers and duties necessary for effecting the purposes of this chapter, including the powers of a court of record for compelling the attendance of witnesses, examining them under oath, and compelling the production of books, papers, documents and objects relevant to the determination of a claim for compensation, and the power to adopt rules and regulations and make or approve the forms relating to notices of injuries, payment of claims and other purposes. The authority of the commission and its duly authorized representatives to investigate and determine claims for compensation shall include the right to enter the premises where an injury occurred, to ascertain its causes and circumstances.

(4) The office of the commission shall be situated in the City of Jackson, but hearings may be held at such places as it may deem most convenient for the proper and speedy performance of its duties. The commission is authorized, if it deems it necessary for the convenient and efficient dispatch of business, to lease office space and facilities in other than publicly owned buildings.

(5) The commission shall adopt detailed rules and regulations for implementing the purposes of this chapter at hearings attended by the main parties interested. Such rules, upon adoption, shall be published and be at all reasonable times made available to the public and, if not inconsistent with law, shall be binding upon those participating in the responsibilities and benefits of the workmen's compensation law.

(6) The commission shall adopt or approve the forms required for administering the chapter, such notices of injury, application for benefits, receipts for compensation and all other forms needed to assure the orderly and prompt operation of the law, and may require the exclusive use of any or all such approved forms.

SECTION 3. Section 71-5-101, Mississippi Code of 1972, is amended as follows:

71-5-101. There is created a commission of three (3) members to be known as the Mississippi Employment Security Commission, which shall be an inferior court within the meaning of Section 172 of the Constitution of the State of Mississippi. One (1) member of the commission shall be a representative of employees. The members of the commission shall be appointed by the Governor, one (1) from each Supreme Court district, and the Governor shall designate one (1) member as chairman. The commissioners initially appointed shall serve for terms of two (2), four (4) and six (6) years respectively, as designated by the Governor. Thereafter the term of office of each commissioner shall be four (4) years, with said terms expiring at two-year intervals. Any appointment to a vacancy shall be for the unexpired term in question, and from the Supreme Court district in which such vacancy occurred. No commissioner shall, during his term of office, serve as an officer or committee member of any political party organization.

SECTION 4. Section 71-5-531, Mississippi Code of 1972, is amended as follows:

71-5-531. Within ten (10) days after the decision of the board of review has become final, any party aggrieved thereby may secure judicial review thereof by filing in the office of the commission and notification to the parties appeal therefrom to the Supreme Court of the State of Mississippi.

Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall under its certificate transmit to the Mississippi Supreme Court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and award, or so much thereof as may be required by rule of the Mississippi Supreme Court, which shall thereupon become the record of the cause. Appeals shall be considered only upon the record made before the commission. The Mississippi Supreme Court shall review all questions of law and of fact. If no prejudicial error is found, the matter shall be affirmed and remanded to the commission for enforcement. If prejudicial error is found, the matter shall be reversed and the Mississippi Supreme Court shall enter such judgment or award as the commission should have entered, or may remand the matter to the commission for further proceedings. An appeal from the commission to the Mississippi Supreme Court shall not act as a supersedeas unless the court shall so direct, and then upon such terms as such court shall direct. No controversy shall be heard by the commission or an award of compensation made therein while the same matter is pending either before a federal court or the Mississippi Supreme Court. Any award of compensation made by the Mississippi Supreme Court shall bear the same interest and penalties as do other judgments awarded in circuit court.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.