MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Insurance

By: Representative Chism

House Bill 314

AN ACT TO AMEND SECTION 71-3-73, MISSISSIPPI CODE OF 1972, TO INCREASE THE ASSESSED AMOUNT PAID BY AN EMPLOYER OR ITS INSURANCE CARRIER IN EVERY CASE OF COMPENSABLE DEATH OF AN EMPLOYEE TO BE DEPOSITED INTO THE SECOND INJURY TRUST FUND; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 71-3-73, Mississippi Code of 1972, is amended as follows:

     71-3-73.  (1)  If an employee who has previously lost, or lost the use of, one (1) hand, one (1) arm, one (1) foot, one (1) leg, or one (1) eye, becomes permanently and totally incapacitated through the loss, or loss of use, of another member or organ, the employer shall be liable only for the compensation payable for such second injury.  In addition to such compensation and after the completion of the payment therefor, the employee shall be paid the remainder of the compensation that would be due for permanent total incapacity, out of a special fund known as the "Second Injury Trust Fund," and created for such purpose in the following manner:

     In every * * * case of compensable claim involving the death of an employee under this chapter, the employer or, if insured, * * * his its insurance carrier shall pay to the commission * * * the sum of Three Hundred Dollars ($300.00) except in cases where there is no dependency, then there shall be paid to the commission the sum of Five Hundred Dollars ($500.00) One Thousand Dollars ($1,000.00) to be deposited with the State Treasurer for the benefit of * * * said fund the Second Injury Trust Fund. * * *  A suspension of said payments of Three Hundred Dollars ($300.00) per death shall be made when the total amount of all such payments, together with the accumulated interest thereon, equals or exceeds Three Hundred Fifty Thousand Dollars ($350,000.00) The One Thousand Dollar ($1,000.00) per death payments shall be suspended when the total amount in the fund, including accumulated interest, exceeds Seven Hundred Fifty Thousand Dollars ($750,000.00), and no further contributions to * * * said the fund shall be made * * * except in cases where there is no dependency.  Whenever, thereafter, the amount of such sum shall be reduced below One Hundred Fifty Thousand Dollars ($150,000.00) by reason of payments made pursuant to this section, then such contributions of Three Hundred Dollars ($300.00) per death shall be resumed forthwith and shall continue until such sum, together with accumulated interest thereon, shall again amount to Three Hundred Fifty Thousand Dollars ($350,000.00); and the commission shall direct the distribution thereof until the total amount in the fund, including accumulated interest, because of payments made pursuant to this section falls below Four Hundred Thousand Dollars ($400,000.00).  The commission shall direct the distribution of payments from the fund.

     (2)  During fiscal year 2017 and thereafter, the Workers' Compensation Commission shall have full authority to assess employers or insurers the amounts provided in this section for deposit into the Second Injury Trust Fund, however, such funds shall not be used for the support of the agency.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.

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