House Bill 1376

AN ACT TO AMEND SECTION 71-3-25, MISSISSIPPI CODE OF 1972, TO REVISE THE WORKERS' COMPENSATION LAW TO INCREASE THE FUNERAL EXPENSE REIMBURSEMENT AND OTHER DEATH BENEFITS; TO REVISE CERTAIN OTHER PROVISIONS OF LAW RELATED TO WORKERS' COMPENSATION DEATH BENEFITS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 71-3-25, Mississippi Code of 1972, is amended as follows:

71-3-25. If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:

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(a) Reasonable funeral expenses not exceeding Seven Thousand Five Hundred Dollars ($7,500.00) exclusive of other burial insurance or benefits.

(b) Sixty-six and two-thirds percent (66 2/3%) of the decedent's wages subject to the minimum and maximum weekly limitations set forth in this chapter shall be paid to the family of the decedent by the employer and carrier for a period of five hundred twenty (520) weeks. If there be a surviving spouse and no child of the deceased, to such surviving spouse the entire amount of compensation during widowhood or dependent widowhood and, if there be a surviving child or children of the deceased, the included amount of ten percent (l0%) of such wages for each such child which such amount shall be reduced from the compensation for the spouse and provided for each child with all children combined receiving an equal share up to a maximum of one-half (1/2) of the total compensation provided. In the circumstance that there is no surviving spouse or in the circumstance of the death or remarriage of such surviving spouse, any surviving children of the deceased employee shall share the entire amount of compensation provided for in this chapter equally with other surviving children of the deceased. If there be any child not surviving then the nonsurviving child's spouse, children, brothers, sisters and grandchildren shall share such nonsurviving child's portion as otherwise provided in this chapter. The commission may, in its discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor dependent. In the absence of such a requirement, the appointment of a guardian for such purposes shall not be necessary, provided that if no legal guardian be appointed, payment to the natural guardian shall be sufficient.

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(c) If there be no surviving spouse or child * * *, then such compensation provided for in this chapter shall be provided in equal shares to all surviving grandchildren or brothers and sisters of the decedent. * * *

(d) The total weekly compensation payments to any or all beneficiaries in death cases shall not exceed the weekly benefits as set up in this chapter and shall in no case be paid for a longer period than five hundred twenty (520) weeks or for a greater amount than the maximum as set forth in this chapter.

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SECTION 2. This act shall take effect and be in force from and after July 1, 2010.