Senate Bill 2391

AN ACT TO AMEND SECTION 71-3-1, MISSISSIPPI CODE OF 1972, TO DECLARE THE INTENT OF THE LEGISLATURE THAT THE MISSISSIPPI WORKERS' COMPENSATION LAW SHALL BE FAIRLY, IMPARTIALLY AND EVEN-HANDEDLY CONSTRUED IN SUCH A MANNER THAT NO PARTY IS FAVORED; 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 construed according to the law and the evidence.

It is the specific intention of the Legislature that the Workers' Compensation Law shall be fairly, impartially and even-handedly construed in such a manner that no party to any workers' compensation proceeding is favored and that all evidence shall be fairly and impartially construed in such a manner that no fact-finding by the commission shall favor any party in any proceeding under this chapter. Any violation of this legislative mandate shall constitute a lack of substantial evidence with regard to fact-findings of the commission and shall constitute reversible error as a matter of law.

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, 2004.