reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 1 - EMPLOYER AND EMPLOYEE (§§ 71-1-1 — 71-1-55) › Section 71-1-49 - Certain persons prohibited from labor management functions

(1)
No person who is an alien, or who is or has been a member of the Communist Party, or who has been convicted of or served any part of a prison term resulting from his conviction of robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, or conspiracy to commit any such crimes, shall serve:
(a)
as an officer, director, trustee, member of any executive board or similar governing body, business agent, manager, organizer, or other employee (other than as an employee performing exclusively clerical or custodial duties) of any labor organization, or as a manager, or any person occupying a bargaining position with industry, or
(b)
as a labor relations consultant either of a labor organization or of an employer or both, or as an officer, director, agent, or employee (other than as an employee performing exclusively clerical or custodial duties) of any group or association of employers dealing with any labor organization, during or for five (5) years after the termination of his membership in the Communist Party, or for five (5) years after such conviction, or after the end of such imprisonment. No labor organization, group or association of employers, or officer thereof shall knowingly permit any person to assume or hold any office or paid position in violation of this section.
(2)
Any person who willfully violates this section shall be guilty of a misdemeanor and, upon conviction thereof, be fined not more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.
(3)
For the purposes of this section, any person shall be deemed to have been "convicted" and under the disability of "conviction" from the date of the judgment of the trial court or the date of the final sustaining of such judgment on appeal, whichever is the later event, regardless of whether such conviction occurred before or after July 1, 1960.
Codes, 1942, § 6984.7; Laws, 1960, ch. 251, §§ 1-5.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 1 - EMPLOYER AND EMPLOYEE (§§ 71-1-1 — 71-1-55) › Section 71-1-51 - [Repealed]

Repealed by Laws, 1974, ch. 500, § 21, eff. 4/2/1974.
Codes, 1942, § 6998; Laws, 1934, ch. 295.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 1 - EMPLOYER AND EMPLOYEE (§§ 71-1-1 — 71-1-55) › Section 71-1-53 - Penalty for violation of this chapter

Any corporation or person or manager of any company or partnership who violates any of the provisions of this chapter for which a penalty is not otherwise provided shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00) for each offense; and each day's violation shall constitute a separate offense.
Codes, Hemingway's 1917, § 4531; 1930, § 4655; 1942, § 6995; Laws, 1914, ch. 167.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 1 - EMPLOYER AND EMPLOYEE (§§ 71-1-1 — 71-1-55) › Section 71-1-55 - Discrimination against breast-feeding mother who uses lawful break time to express milk prohibited

No employer shall prohibit an employee from expressing breast milk during any meal period or other break period provided by the employer.
Laws, 2006, ch. 520, § 12, eff. 4/3/2006.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-1 - Citation; purpose; construction

(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 and impartially construed and applied according to the law and the evidence in the record, and, notwithstanding any common law or case law to the contrary, this chapter shall not be presumed to favor one party over another and shall not be liberally construed in order to fulfill any beneficent purposes.
(2)
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.
(3)
The primary purposes of the Workers' Compensation Law are to pay timely temporary and permanent disability benefits to every worker who legitimately suffers a work-related injury or occupational disease arising out of and in the course of his employment, to pay reasonable and necessary medical expenses resulting from the work-related injury or occupational disease, and to encourage the return to work of the worker.
Codes, 1942, § 6998-01; Laws, 1948, ch. 354, § 1; Laws, 1960, ch. 275; Laws, 1968, ch. 559, § 1; reenacted without change, Laws, 1982, ch. 473, § 1; Laws, 1984, ch. 408; reenacted without change, Laws, 1990, ch. 405, § 1; Laws, 2012, ch. 522, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-9 - Exclusiveness of liability

(1)
Except as provided under subsection (2) of this section, the liability of an employer to pay compensation shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death, except that if an employer fails to secure payment of compensation as required by this chapter, an injured employee, or his legal representative in case death results from the injury, may elect to claim compensation under this chapter, or to maintain an action at law for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, nor that the employee assumed the risk of his employment, nor that the injury was due to the contributory negligence of the employee.
(2)
An employer shall not be liable under this chapter to a first responder, as defined in Section
25-15-403
, if such first responder elects to receive benefits under the "Mississippi First Responders Health and Safety Act."
Codes, 1942, § 6998-05; Laws, 1948, ch. 354, § 5; reenacted without change, Laws, 1982, ch. 473, § 5; reenacted without change, Laws, 1990, ch. 405, § 5, eff. 7/1/1990.
Amended by Laws, 2019, ch. 467, SB 2835,§ 6, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-11 - Waiting period

No compensation except medical benefits shall be allowed for the first five (5) days of the disability. In case the injury results in disability of fourteen (14) days or more, the compensation shall be allowed from the date of disability.
Codes, 1942, § 6998-06; Laws, 1948, ch. 354, § 6a; Laws, 1950, ch. 412, § 4; Laws, 1958, ch. 454, § 2; reenacted without change, Laws, 1982, ch. 473, § 6; reenacted without change, Laws, 1990, ch. 405, § 6, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-13 - Maximum and minimum recovery

(1)
Compensation for disability or in death cases shall not exceed sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state per week, nor shall it be less than Twenty-five Dollars ($25.00) per week except in partial dependency cases and in partial disability cases.
(2)
Maximum recovery: The total recovery of compensation hereunder, exclusive of medical payments under Section
71-3-15
, arising from the injury to an employee or the death of an employee, or any combination of such injury or death, shall not exceed the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state.
Codes, 1942, § 6998-07; Laws, 1948, ch. 354, § 6b; Laws, 1950, ch. 412, § 4; Laws, 1958, ch. 454, § 2; Laws, 1960, ch. 279; Laws, 1968, ch. 559, § 4; Laws, 1972, ch. 522, § 2; Laws, 1976, ch. 459, § 1; Laws, 1979, ch. 442, § 1; Laws, 1981, ch. 341, § 1; reenacted, Laws, 1982, ch. 473, § 7; Laws, 1984, ch. 402, § 1; Laws, 1988, ch. 446, § 2; reenacted without change, Laws, 1990, ch. 405, § 7; Laws, 1992, ch. 577, § 2, eff. 5/15/1992.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-19 - Maintenance while undergoing vocational rehabilitation

An employee who as a result of injury is or may be expected to be totally or partially incapacitated for a remunerative occupation and who, under the direction of the commission is being rendered fit to engage in a remunerative occupation may, in the discretion of the commission under regulations adopted by it, receive additional compensation necessary for his maintenance, but such additional compensation shall not exceed Twenty-five Dollars ($25.00) a week for not more than fifty-two (52) weeks.
Codes, 1942, § 6998-10; Laws, 1948, ch. 354, § 8d; Laws, 1950, ch. 412, § 6; Laws, 1958, ch. 454, § 3; reenacted without change, Laws, 1982, 1980 ch 473, § 10; reenacted without change, Laws, 1990, ch. 405, § 10; Laws, 2012, ch. 522, § 5, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-21 - Temporary partial disability

In case of temporary partial disability resulting in decrease of earning capacity, there shall be paid to the injured employee sixty-six and two-thirds percent (66-2/3%) of the difference between the injured employee's average weekly wages before the injury and his wage-earning capacity after the injury in the same or other employment, subject to the maximum limitations as to weekly benefits as set up in this chapter, payable during the continuance of such disability but in no case exceeding four hundred fifty (450) weeks or an amount greater than the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state.
Codes, 1942, § 6998-11; Laws, 1948, ch. 354, § 8e; Laws, 1950, ch. 412, § 6; Laws, 1958, ch. 454, § 3; Laws, 1968, ch. 559, § 6; Laws, 1972, ch. 522, § 4; Laws, 1976, ch. 459, § 3; Laws, 1979, ch. 442, § 3; Laws, 1981, ch. 341, § 3; reenacted, Laws, 1982, ch. 473, § 11; Laws, 1984, ch. 402, § 3; Laws, 1988, ch. 446, § 4; reenacted without change, Laws, 1990, ch. 405, § 11, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-23 - Hernia

In all cases of claim for hernia, it shall be shown by a preponderance of the evidence:
(a)
That the descent or protrusion of the hernia or rupture immediately followed as the result of sudden effort, severe strain, or the application of force to the abdominal wall;
(b)
That there was severe pain in the region of the hernia or rupture;
(c)
That there has been no descent or protrusion of the hernia or rupture prior to the accident for which compensation is claimed;
(d)
That the physical distress resulting from the descent or protrusion of the hernia or rupture was noticed immediately by claimant, and communicated to his employer within a reasonable time; and
(e)
That the physical distress following the descent or protrusion of the hernia or rupture was such as to require the attendance of a licensed physician or surgeon within five (5) days after the injury for which compensation is claimed. Postoperative hernias shall be considered as original hernias.
In every case of hernia or rupture as above defined, it shall be the duty of the employer forthwith to provide the necessary and proper medical, surgical, and hospital care and attention to effectuate a cure by radical operation of said hernia or rupture, and to pay compensation under the provisions of paragraph (b) of Section
71-3-17
, not exceeding, however, a period of twenty-six (26) weeks.
In case the employee shall refuse to permit such operation, it shall be the duty of the employer to provide all necessary first aid, medical and hospital care and services, to supply the proper and necessary truss or other mechanical appliance to enable said employee to resume work, and shall further pay compensation under the provisions of paragraph (b) of Section
71-3-17
, not exceeding, however, the period of thirteen (13) weeks.
In case death results within a period of one (1) year, either from the hernia or rupture or from the radical operation thereof, compensation shall be paid the dependents as provided in other death cases under this chapter.
Codes, 1942, § 6998-12; Laws, 1948, ch. 354, § 8f; Laws, 1950, ch. 412, § 6; Laws, 1958, ch. 454, § 3; Laws, 1960, ch. 280; reenacted without change, Laws, 1982, ch. 473, § 12; reenacted without change, Laws, 1990, ch. 405, § 12, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-27 - Aliens

Compensation under this chapter to aliens not residents (or about to become nonresidents) of the United States or Canada shall be in the same amount as provided for residents, except that dependents in any foreign country shall be limited to surviving wife and child or children or, if there be no surviving wife or child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for the period of one (1) year prior to the date of the injury, and except that the commission may, at its option or upon the application of the insurance carrier, commute all future installments of compensation to be paid to such aliens by payment of a lump sum equal to the present value of all future payments of compensation computed at four percent (4%) discount compounded annually.
Codes, 1942, §§ 6998-13, 6998-14; Laws, 1948, ch. 354, §§ 9, 9h; Laws, 1950, ch. 412, § 7; Laws, 1958, ch. 454, § 4; Laws, 1968, ch. 559, § 7; reenacted without change, Laws, 1982, ch. 473, § 14; reenacted without change, Laws, 1990, ch. 405, § 14, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-29 - Compromise, commutation, and lump sum payments

Rules of the commission shall govern compromise payments where the prescribed schedules are not applicable and which, in its discretion, may be made in cases where it is not possible to determine the exact extent of disability, as for example in certain injuries to the back or head. The commission shall also have full authority to adjudicate the disposition of death claims. Commutation and lump sum settlement payments shall be governed by rules of the commission, and shall not be made except when determined to be in the best interest of the injured worker or his dependents, the commission having final authority in such questions.
Codes, 1942, §§ 6998-13, 6998-15; Laws, 1948, ch. 354, §§ 9, 9i; Laws, 1950, ch. 412, § 7; Laws, 1958, ch. 454, § 4; Laws, 1968, ch. 559, § 7; reenacted without change, Laws, 1982, ch. 473, § 15; reenacted without change, Laws, 1990, ch. 405, § 15, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-31 - Determination of wages

Except as otherwise specifically provided, the basis for compensation under this chapter shall be the average weekly wages earned by the employee at the time of the injury, such wages to be determined from the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two (52) weeks immediately preceding the date of the injury divided by fifty-two (52); but if the injured employee lost more than seven (7) days during such period, although not in the same week, then the earnings for the remainder of such fifty-two (52) weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. When the employment prior to the injury extended over a period of less than fifty-two (52) weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, provided that results just and fair to both parties will thereby be obtained. Where, by reason of the shortness of time during which the employee has been in the employment of his employer, it is impracticable to compute the average weekly wages by the above method of computation, regard shall be had to the average weekly amount which, during the first fifty-two (52) weeks prior to the injury or death, was being earned by a person in the same grade, employed at the same or similar work in the community. Wherever allowances of any character are made to an employee in lieu of wages or specified as part of the wage contract, they shall be deemed a part of his earnings.
Codes, 1942, § 6998-16; Laws, 1948, ch. 354, § 10; reenacted without change, Laws, 1982, ch. 473, § 16; reenacted without change, Laws, 1990, ch. 405, § 16, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-33 - Guardian for minor or incompetent

The commission may require the appointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive compensation payable to such person under this chapter and to exercise the powers granted to or to perform the duties required of such person under this chapter.
Codes, 1942, § 6998-17; Laws, 1948, ch. 354, § 11; reenacted without change, Laws, 1982, ch. 473, § 17; reenacted without change, Laws, 1990, ch. 405, § 17, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-35 - Limitation

(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.
Codes, 1942, § 6998-18; Laws, 1948, ch. 354, § 12; reenacted without change, Laws, 1982, ch. 473, § 18; reenacted without change, Laws, 1990, ch. 405, § 18, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-38 - Special workers' compensation account for payment

While acting as a self-insurer as authorized by Section
71-3-5
, the state highway commission is authorized and empowered to establish and maintain, from funds made available upon requisition from the state treasury, a special workmen's compensation account, and to deposit such funds therein, and to pay therefrom the workmen's compensation benefits as authorized by Section
71-3-37
, and to pay such awards as may be entered and such other costs, expenses and benefits as may be incidental to the settlement of such workmen's compensation claims. Disbursement from such special account shall be by check properly drawn against such account and signed by such personnel as may be duly authorized by the state highway commission. Payment from the special account shall be deemed payments of and from the State of Mississippi.
Laws, 1982, ch. 424; reenacted without change, Laws, 1990, ch. 405, § 20, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-39 - Recording and reporting of payments

Every insurance company which transacts the business of compensation insurance and every employer who is subject to the workmen's compensation law, but who has not insured his liability, shall keep a record of all payments made under the provisions of this law, and of the time and manner of making such payments, and shall furnish such reports based upon these records to the workmen's compensation commission as it may require by general order, upon forms approved by the commission.
Codes, 1942, § 6998-20; Laws, 1948, ch. 354, § 14; reenacted without change, Laws, 1982, ch. 473, § 20; reenacted without change, Laws, 1990, ch. 405, § 21, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-41 - Invalid agreements

No agreement by an employee to pay any portion of premium paid by his employer or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid. Any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000.00).
No agreement by an employee to waive his right to compensation under this law shall be valid.
Codes, 1942, § 6998-21; Laws, 1948, ch. 354, § 15; reenacted without change, Laws, 1982, ch. 473, § 21; reenacted without change, Laws, 1990, ch. 405, § 22, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-43 - Assignment and exemption from claims of creditors

No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid; and such compensation and benefits shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may be waived. This section prevails over Sections
75-9-406
and
75-9-408
of Article 9 of the Uniform Commercial Code to the extent, if any, that these sections may otherwise be applicable.
Codes, 1942, § 6998-22; Laws, 1948, ch. 354, § 16; reenacted without change, Laws, 1982, ch. 473, § 22; reenacted without change, Laws, 1990, ch. 405, § 23; Laws, 2001, ch. 495, § 23, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-45 - Compensation a lien against assets

Any person entitled to compensation under the provisions of this chapter shall have a lien against the assets of the carrier or employer for such compensation without limit of amount, and shall, upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both, be entitled to preference and priority in the distribution of the assets of such carrier or employer, or both.
Codes, 1942, § 6998-23; Laws, 1948, ch. 354, § 17; reenacted without change, Laws, 1982, ch. 473, § 23; reenacted without change, Laws, 1990, ch. 405, § 24, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-47 - Determination for claims for compensation

Except as otherwise provided by this chapter, the details of practice and procedure in the settlement and adjudication of claims shall be determined by rules of the commission, the text of which shall be published and be readily available to interested parties.
The commission shall have full power and authority to determine all questions relating to the payment of claims for compensation. The commission shall make or cause to be made such investigation as it deems necessary and, upon application of either party or upon its own initiative, shall order a hearing, shall make or deny an award, and shall file the same in its office.
Informal conferences and hearings in contested cases may be conducted by a duly designated representative of the commission. Upon the conclusion of any such hearing, the commission's representative shall make or deny an award, and file the decision in the office of the commission. Immediately after such filing, a notice of decision shall be sent to all interested parties. This decision shall be final unless within twenty (20) days a request or petition for review by the full commission is filed.
Codes, 1942, § 6998-24; Laws, 1948, ch. 354, § 18; Laws, 1950, ch. 412, § 9; reenacted without change, Laws, 1982, ch. 473, § 24; reenacted without change, Laws, 1990, ch. 405, § 25, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-49 - Enforcement of payment in default

(1)
In case of default by the employer in the payment of any compensation due under an award for the period of thirty (30) days after payment is due and payable or, where the employer has failed to secure the payment of compensation to his employees as required, where there is such default in payment for a period of ten (10) days after same is due, any party in interest may file with the county clerk for the county in which the injury occurred or the county in which the employer has his principal place of business a certified copy of the decision of the commission awarding compensation or ending, diminishing or increasing compensation previously awarded, from which no appeal has been taken within the time allowed therefor or, if an appeal has been taken by an employer who has not complied with the provisions of Section
71-3-75
, where he fails to deposit with the commission the amount of the award as security for its payment within ten (10) days after same is due and payable, and thereupon judgment must be entered in the circuit court by the clerk of such county in conformity therewith immediately upon the filing of such decision. If the payment in default be an installment, the commission may declare the entire award due and judgment may be entered in accordance with the provisions of this section. Such judgment shall be entered in the same manner, have the same effect, and be subject to the same proceedings as though rendered in a suit duly heard and determined by the circuit court, except that no appeal may be taken therefrom. The court shall vacate or modify such judgment to conform to any later award or decision of the commission upon presentation of a certified copy of such award or decision. The award may be so compromised by the commission as in its discretion may best serve the interest of the persons entitled to receive the compensation or benefits. Neither the commission nor any party in interest shall be required to pay any fee to any public officer for filing or recording any paper or instrument or for issuing a transcript of any judgment executed in pursuance of this section.
(2)
In case of default by a self-insurer in payment of any compensation due under an award where the default is due to the insolvency of the self-insurer, the claimant may file a claim based on the award with the Mississippi Workers' Compensation Self-insurer Guaranty Association, pursuant to the rules and regulations of said association, as established and provided for in Sections
71-3-151
through
71-3-181
.
Codes, 1942, § 6998-25; laws, 1948, ch. 354, § 19; reenacted without change, Laws, 1982, ch. 473, § 25; Laws, 1988, ch. 554, § 17; reenacted without change, Laws, 1990, ch. 405, § 26, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-51 - Court review of compensation award

The final award of the commission shall be conclusive and binding unless either party to the controversy shall, within thirty (30) days from the date of its filing in the office of the commission and notification to the parties, appeal therefrom to the Supreme Court.
Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall under its certificate transmit to the Supreme Court all documents and papers on file in the matter, together with a transcript of the evidence, the findings, and award, which shall thereupon become the record of the cause. Appeals shall be considered only upon the record as made before the commission. The Supreme Court shall always be deemed open for hearing of such appeals. The Supreme Court shall review all questions of law and of fact. If no prejudicial error be found, the matter shall be affirmed and remanded to the commission for enforcement. If prejudicial error be found, the same shall be reversed and the Supreme Court shall enter such judgment or award as the commission should have entered. An appeal from the commission to the Supreme Court shall not act as a supersedeas unless the court shall so direct, and then upon such terms as such court shall direct.
No controversy shall be heard by the commission or an award of compensation made therein while the same matter is pending either before a federal court or in any court in this state.
Any award of compensation made by the Supreme Court shall bear the same interest and penalties as do other judgments awarded in circuit court.
Codes, 1942, § 6998-26; Laws, 1948, ch. 354, § 20; Laws, 1950, ch. 412, § 10; reenacted without change, Laws, 1982, ch. 473, § 26; reenacted without change, Laws, 1990, ch. 405, § 27; Laws, 2011, ch. 389, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-53 - Continuing jurisdiction of the commission

Upon its own initiative or upon the application of any party in interest on the ground of a change in conditions or because of a mistake in a determination of fact, the commission may, at any time prior to one (1) year after date of the last payment of compensation, whether or not a compensation order has been issued, or at any time prior to one (1) year after the rejection of a claim, review a compensation case, issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation, or award compensation. Such new order shall not affect any compensation previously paid, except that an award increasing the compensation rate may be made effective from the date of the injury; and if any part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of the injury, and any payment made prior thereto in excess of such decreased rate shall be deducted from any unpaid compensation in such manner and by such method as may be determined by the commission.
Codes, 1942, § 6998-27; Laws, 1948, ch. 354, § 21; reenacted without change, Laws, 1982, ch. 473, § 27; reenacted without change, Laws, 1990, ch. 405, § 28, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-55 - Procedure before the commission

(1)
In making an investigation or inquiry or conducting a hearing, the commission shall not be bound by common law or statutory rules of evidence or by technical or formal rules or procedure, except as provided by this chapter, but may make such investigation or inquiry or conduct such hearing in such manner as best to ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.
(2)
Hearings before the commission shall be open to the public and shall be stenographically reported or recorded and transcribed. The commission shall by regulations provide for the preparation of a record of the hearings and other proceedings.
(3)
Unless otherwise ordered by the commission, hearings shall be conducted in the county where the injury occurred.
Codes, 1942, § 6998-28; Laws, 1948, ch. 354, § 22; Laws, 1950, ch. 412, § 11; reenacted without change, Laws, 1982, ch. 473, § 28; reenacted without change, Laws, 1990, ch. 405, § 29, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-57 - Witnesses and their fees

The commission shall regulate, by rules published and available to the parties, the summoning, attendance, use, and compensation of witnesses, and determine the qualifications of specialists and their scale of fees as expert witnesses. Unless otherwise provided by the commission, witnesses summoned in a proceeding before the commission or whose depositions are taken shall receive the same fees and mileage as witnesses in civil cases in courts of record.
Codes, 1942, § 6998-29; Laws, 1948, ch. 354, § 23; reenacted without change, Laws, 1982, ch. 473, § 29; reenacted without change, Laws, 1990, ch. 405, § 30, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-59 - Costs in proceedings brought without reasonable ground; penalties for pursuit of frivolous claim

(1)
If the court having jurisdiction of proceedings in respect of any claim or compensation order determined that the proceedings in respect of such claim or order have been instituted or continued without reasonable ground, the costs of such proceedings shall be assessed against the party who has so instituted or continued such proceedings.
(2)
If the full commission determines that proceedings in respect to a claim have been instituted, continued or delayed, including by way of appeal to the commission, without reasonable ground, the full commission shall require the party who has so instituted, continued or delayed such proceedings or the attorney advising such party, or both, to pay the reasonable expenses, including attorney's fees, caused by such institution, continuance or delay to the opposing party. In addition to requiring the payment of reasonable expenses, including attorney's fees, to the opposing party, the commission may levy a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) against such party, or attorney advising or assisting such party, or both, payable to the commission. Any such civil penalty levied and collected by the commission shall be deposited into the Administrative Expense Fund provided for in Section
71-3-97
and any such penalty which is not voluntarily paid may be collected by civil suit brought by the commission.
Codes, 1942, § 6998-30; Laws, 1948, ch. 354, § 24; reenacted without change, Laws, 1982, ch. 473, § 30; Laws, 1987, ch. 361, § 5; reenacted without change, Laws, 1990, ch. 405, § 31; Laws, 1993, ch. 552, § 1, eff. 4/13/1993.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-61 - Procedural authority of the commission

(1)
The commission and its hearing officers shall have power to preserve and enforce order during hearings; to issue subpoenas for, to administer oaths to, and to compel the attendance and testimony of witnesses or the production of books, papers, documents, and other evidence, or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law which may be necessary to enable them effectively to discharge the duties of their office.
(2)
If any person in proceedings before the commission disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the commission shall certify the facts to the court having jurisdiction in the place in which it is sitting, and the court shall thereupon in a summary manner hear the evidence as to the acts complained of and, if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court, or commit such person upon the same condition as if the doing of the forbidden act had occurred with reference to the process of or in the presence of the court.
Codes, 1942, § 6998-31; Laws, 1948, ch. 354, § 25; reenacted without change, Laws, 1982, ch. 473, § 31; reenacted without change, Laws, 1990, ch. 405, § 32, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-65 - Record of injury or death

Every employer shall keep a record in respect of any injury to an employee. Such record shall contain such information of disability or death in respect of such injury as the commission may by regulation require, and shall be available to inspection by the commission or by any state authority at such times and under such conditions as the commission may by regulation prescribe.
Codes, 1942, § 6998-33; Laws, 1948, ch. 354, § 27; reenacted without change, Laws, 1982, ch. 473, § 33; reenacted without change, Laws, 1990, ch. 405, § 34, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-66 - Confidentiality of records

The noncontroverted case medical reports, rehabilitation counselor reports and psychological reports of the commission, insofar as they refer to accidents, injuries and settlements, shall not be open to the public under the Mississippi Public Records Act of 1983, but only to the parties satisfying the commission of their interest in such records and the right to inspect them. Under such reasonable rules and regulations as the commission may adopt, the records of the commission as to any employee in any previous case in which such employee was a claimant shall be open to and made available to such claim to an employer or its insurance carrier which is called upon to pay compensation, medical expenses and/or funeral expenses, or to any party at interest, except that the commission may make such reasonable charge as it deems proper for furnishing information by mail and for copies of records.
Laws, 1984, ch. 369; reenacted without change, Laws, 1990, ch. 405, § 35, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-69 - Penalty for misrepresentation

Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining or wrongfully withholding any benefit or payment under this chapter is guilty of a felony and on conviction thereof may be punished by a fine of not to exceed Five Thousand Dollars ($5,000.00) or double the value of the fraud, whichever is greater, or by imprisonment not to exceed three (3) years, or by both fine and imprisonment.
Codes, 1942, § 6998-35; Laws, 1948, ch. 354, § 29; reenacted without change, Laws, 1982, ch. 473, § 35; reenacted without change, Laws, 1990, ch. 405, § 37; Laws, 1995, ch. 598, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-73 - Second Injury Trust Fund

(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 death of an employee under this chapter, the employer or, if insured, his 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) to be deposited with the State Treasurer for the benefit of said 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), and no further contributions to said 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.
(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.
Codes, 1942, § 6998-37; Laws, 1948, ch. 354, § 31; Laws, 1956, ch. 345, § 1; Laws, 1960, ch. 278; reenacted without change, Laws, 1982, ch. 473, § 37; Laws, 1983, ch. 497, § 1; Laws, 1987, ch. 361, § 6; reenacted without change, Laws, 1990, ch. 405, § 39, eff. 7/1/1990.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 27, eff. 6/23/2017.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 3 - WORKERS' COMPENSATION (§§ 71-3-1 — 71-3-225) › GENERAL PROVISIONS (§§ 71-3-1 — 71-3-129) › Section 71-3-79 - Acceptance of premium by carrier and estoppel

Acceptance of a premium on a policy securing to an employee compensation, either alone or in connection with other insurance, shall estop the carrier so accepting from pleading that the employment of such employee is not covered under this chapter or that the employment is not carried on for pecuniary gain.
When any member of a partnership, firm, or association who does or does not perform manual labor, and where there is coverage of fellow employees, elects to take coverage under the provisions of this chapter, the intent of the insured as well as acceptance by the carrier shall be shown by endorsement to the policy. Any such affirmative action by the parties shall entitle said members or officers to the benefits enjoyed by an employee under this chapter. Every executive officer elected or appointed and empowered in accordance with a charter and bylaws of a corporation, other than nonprofit charitable, fraternal, cultural, or religious corporations or associations, shall be an employee of such corporation under this chapter, provided that said executive officer may reject said coverage by giving notice in writing to the carrier of this election not to be covered as an employee.
Any such executive officer of a nonprofit charitable, fraternal, cultural, or religious corporation or association may, notwithstanding any other provision of this chapter, be brought within the coverage of its insurance contract by any such corporation or association by specifically including such executive officer in such contract of insurance. The election to bring such executive officer within the coverage shall continue for the period such contract of insurance is in effect, and during such period such executive officers thus brought within the coverage of the insurance contract shall be employees of such corporation or association under this chapter.
Codes, 1942, § 6998-40; Laws, 1948, ch. 354, § 34; Laws, 1950, ch. 412, § 14; Laws, 1964, ch. 444; reenacted without change, Laws, 1982, ch. 473, § 40; reenacted without change, Laws, 1990, ch. 405, § 42, eff. 7/1/1990.