House Bill 28

AN ACT TO EXTEND STATUTES OF LIMITATIONS FOR 90 DAYS FOR CAUSES OF ACTION OCCURRING OR ACCRUING IN THE SECOND SUPREME COURT DISTRICT; TO AMEND SECTION 7-3-35, MISSISSIPPI CODE OF 1972, TO EXTEND LIMITATIONS FOR WORKERS' COMPENSATION CLAIMS FOR 90 DAYS; AND FOR RELATED PURPOSES.

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

SECTION 1. As a result of the catastrophic impact of Hurricane Katrina on August 29, 2005, the statutes of limitations applicable to any causes of action occurring or accruing in the Second (Southern) Supreme Court District as defined in Section 9-3-1 are extended as follows: If the statute of limitations expires or expired during the period beginning on Monday, August 29, 2005, through and including Monday, November 28, 2005, then the time for filing a claim shall be extended to Monday, February 27, 2006. This section shall stand repealed on February 28, 2006.

SECTION 2. Section 71-3-35, Mississippi Code of 1972, is amended as follows:

71-3-35. (1) No claim for compensation shall be maintained unless, within thirty (30) days after the occurrence of the injury, actual notice was received by the employer or by an officer, manager, or designated representative of an employer. If no representative has been designated by posters placed in one or more conspicuous places, then notice received by any superior shall be sufficient. Absence of notice shall not bar recovery if it is found that the employer had knowledge of the injury and was not prejudiced by the employee's failure to give notice. Regardless of whether notice was received, if no payment of compensation (other than medical treatment or burial expense) is made and no application for benefits filed with the commission within two (2) years from the date of the injury or death, the right to compensation therefor shall be barred.

(2) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the limitation for filing application for benefits shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age.

(3) Where recovery is denied to any person, in a suit brought at law or admiralty to recover damages in respect of injury or death, on the ground that such person was an employee and that the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter, the limitation upon filing application for benefits shall begin to run only from the date of termination of such suit.

(4) As a result of the catastrophic impact of Hurricane Katrina on August 29, 2005, the limitations applicable to any claims occurring or accruing in the Second (Southern) Supreme Court District as defined in Section 9-3-1 are extended as follows: If the limitation expires or expired during the period beginning on Monday, August 29, 2005, through and including Monday, November 28, 2005, then the time for filing a claim shall be extended to Monday, February 27, 2006. This subsection shall stand repealed on February 28, 2006.

SECTION 3. This act shall take effect and be in force from and after August 29, 2005.