MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Insurance; Judiciary

By: Senator(s) Kirby

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED WITHIN CHAPTER 3 OF TITLE 71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO WORKERS' COMPENSATION SHALL BE PAID TO AN EMPLOYEE WHILE THE EMPLOYEE IS INCARCERATED; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Notwithstanding any other provision of this chapter, an injured worker is not eligible to receive compensation benefits or medical expenses for periods of time during which the worker is incarcerated for the commission of a crime, unless the injured worker had been "found" to have a permanent and total loss of wage earning capacity which was attributable to the work related injury.

(2) As used in this section, an individual is not "incarcerated" if the individual is on parole or work release status.

(3) If upon appeal, such conviction is overturned, the benefits suspended during the period of incarceration shall be reinstated.

SECTION 2. Section 1 of this act shall be codified as a separate section within Chapter 3 of Title 71, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.