reglab/statecodes huggingface dataset:
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 71-3-81 - Notice of coverage

Every employer who has secured compensation under the provisions of this chapter shall keep notices posted in a conspicuous place or places in and about his place or places of business, in accordance with a form prescribed by the commission, stating that such employer has secured the payment of compensation in accordance with the provisions of this chapter. Such notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of the compensation and the date of the expiration of the policy.
Codes, 1942, § 6998-41; Laws, 1948, ch. 354, § 35; reenacted without change, Laws, 1982, ch. 473, § 41; reenacted without change, Laws, 1990, ch. 405, § 43, 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 71-3-83 - Civil and criminal penalties for failure to secure payment of compensation

(1)
Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. If the employer is a corporation, the president, secretary and treasurer thereof shall be also severally liable to such fine or imprisonment as herein provided for the failure of such corporation to secure the payment of compensation; and such president, secretary and treasurer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under this chapter in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of compensation as required by this chapter.
(2)
Any uninsured employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes or destroys any property belonging to such employer after one of his employees has been injured within the purview of this chapter, and with intent to avoid the payment of compensation under this chapter to such employee or his dependents, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. If the employer is a corporation, the president, secretary and treasurer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine.
(3)
This section shall not affect any other liability of the employer under this chapter.
(4)
In addition to the criminal penalties set forth above, and under the same circumstances, terms and conditions as set forth in subsections (1) and (2), the commission may assess a civil penalty in an amount to be determined by the commission on a case by case basis, but not to exceed Ten Thousand Dollars ($10,000.00). Any 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 penalty not voluntarily paid may be collected by civil suit brought by the commission.
Codes, 1942, § 6998-42; Laws, 1948, ch. 354, § 36; reenacted without change, Laws, 1982, ch. 473, § 42; reenacted without change, Laws, 1990, ch. 405, § 44; Laws, 1993, ch. 552, § 2, 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 71-3-87 - Official bond

Members of the commission shall give bond in the sum of Ten Thousand Dollars ($10,000.00) of a surety company authorized to do business in the state, for the faithful performance of their duties. The premium upon such bonds shall be paid out of the workmen's compensation administration fund.
Codes, 1942, § 6998-44; Laws, 1948, ch. 354, § 38; reenacted without change, Laws, 1982, ch. 473, § 44; reenacted without change, Laws, 1990, ch. 405, § 46, 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 71-3-89 - Seal

The commission shall have a seal for authentication of its orders, awards, and proceedings, upon which shall be inscribed the words "workmen's compensation commission-Mississippi-seal," and it shall be judicially noticed.
Codes, 1942, § 6998-45; Laws, 1948, ch. 354, § 39; reenacted without change, Laws, 1982, ch. 473, § 45; reenacted without change, Laws, 1990, ch. 405, § 47, 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 71-3-91 - Traveling expenses

Commissioners and employees of the commission shall receive their necessary traveling expenses and costs of subsistence while traveling on official business and away from their designated station. Expense accounts shall be sworn to by the person presenting them and, upon approval by the chairman of the commission, shall be allowed and paid as provided in Section
71-3-97
.
Codes, 1942, § 6998-46; Laws, 1948, ch. 354, § 40; Laws, 1950, ch. 412, § 16; reenacted without change, Laws, 1982, ch. 473, § 46; reenacted without change, Laws, 1990, ch. 405, § 48, 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 71-3-93 - Administrative staff

The commission shall appoint such officers and employees as are necessary adequately to administer the Workers' Compensation Law, including not more than eight (8) administrative judges to be appointed by the commission with the consent of the Governor and an executive director who shall serve at the will of the commission and shall have such administrative duties as are assigned by the commission, a secretary, a statistician, a rehabilitation unit, and any other employees deemed essential to the administration of the law including court reporters whose salaries shall be the same as set for court reporters for circuit and chancery courts by Section
9-13-19
. The annual salary of the executive director shall be equal to that of an administrative judge. An administrative judge shall be a member of the Mississippi State Bar and shall have a minimum of three (3) years' experience in the practice of law.
All salaries not specifically fixed by law shall be set by the commission. The establishing of a merit system or career service for employees of the commission is declared to be in the public interest because of the length of time required for understanding the details and problems involved in administering this legislation. The commission shall establish and enforce fair and reasonable rules for the appointment, promotion and demotion of personnel. All employees of the commission with the exception of medical consultants shall devote their entire time to the duties of their office.
For the purpose of conducting hearings and making decisions upon claims, the administrative judge or administrative judges appointed by the commission shall have the authority of a commissioner.
Codes, 1942, § 6998-47; Laws, 1948, ch. 354, § 41; Laws, 1950, ch. 412, § 17; Laws, 1956, ch. 345, § 3; Laws, 1962, ch. 474, § 2; Laws, 1966, ch. 455, § 1; Laws, 1974, ch. 384; Laws, 1977, ch. 381; Laws, 1978, ch. 428, § 1; Laws, 1980, ch. 475, § 3; reenacted, Laws, 1982, ch. 473, § 47; reenacted without change, Laws, 1990, ch. 405, § 49; Laws, 1993, ch. 552, § 3, 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 71-3-95 - Payment of operating expense

(1)
The commission shall make such expenditures as may be necessary for the adequate administration of this chapter, including salaries and traveling expense, the cost of personal services, office rent at the seat of government and elsewhere, the purchase of books, periodicals, office equipment and supplies, printing and binding reports, the cost of membership in official organizations, and other purposes. All expenditures of the commission in the administration of this chapter shall be allowed and paid out of the State General Fund as provided in Section
71-3-100
, upon the presentation of itemized vouchers therefor approved by the chairman of the commission.
(2)
The commission is authorized, in its discretion, to transfer a sum or sums not to exceed Two Hundred Thousand Dollars ($200,000.00) to the Second Injury Fund. The commission is further authorized, in its discretion, to replace any funds so transferred in the event that funds become available.
Codes, 1942, § 6998-48; Laws, 1948, ch. 354, § 42; Laws, 1950, ch. 412, § 18; reenacted without change, Laws, 1982, ch. 473, § 48; Laws, 1984, ch. 497, § 2; Laws, 1987, ch. 361, § 7; reenacted without change, Laws, 1990, ch. 405, § 50, eff. 7/1/1990.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 28, 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 71-3-97 - Collection of civil penalties authorized by chapter; deposit of civil penalties into State General Fund

All civil penalties provided in this chapter, if not voluntarily paid, may be collected by civil suit brought by the commission, and shall be paid into the State General Fund.
Codes, 1942, § 6998-49; Laws, 1948, ch. 354, § 43; reenacted without change, Laws, 1982, ch. 473, § 49; reenacted without change, Laws, 1990, ch. 405, § 51, eff. 7/1/1990.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 29, 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 71-3-100 - Payment and deposit in State General Fund of funds received by Workers' Compensation Commission; funding of commission expenses

All funds received by the Workers' Compensation Commission, as established by Section
71-3-85
et seq., shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds into the State General Fund in the State Treasury.
From and after July 1, 2016, the expenses of the Workers' Compensation Commission shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized by Section
71-3-85
et seq. shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, the Workers' Compensation Commission shall not charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of Section
71-3-85
et seq.
Laws, 1973, ch. 381, § 4; reenacted, Laws, 1982, ch. 473, § 51; Laws, 1984, ch. 488, § 272; reenacted without change, Laws, 1990, ch. 405, § 53, eff. 7/1/1990.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 31, eff. 6/23/2017.
Amended by Laws, 2016, ch. 459, SB 2362, 67, eff. 7/1/2016.
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 71-3-101 - Registration of insurance companies

Each insurance company and all other carriers which desire to write workmen's compensation insurance in compliance with this chapter shall be required, before writing such insurance, to register with the workmen's compensation commission and pay a registration fee of One Hundred Dollars ($100.00). This shall be deposited by the commission in the administration expense fund.
Codes, 1942, § 6998-51; Laws, 1948, ch. 354, § 45; reenacted without change, Laws, 1982, ch. 473, § 52; reenacted without change, Laws, 1990, ch. 405, § 54, 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 71-3-103 - Annual report

The commission shall each calendar year make a report to the governor upon the operation of this chapter, including suggestions and recommendations as to improvements in the law and administration, a detailed statement of receipts and disbursements, and an exposition of industrial injury experience and compensation and medical cost.
Codes, 1942, § 6998-52; Laws, 1948, ch. 354, § 46; Laws, 1950, ch. 412, § 20; reenacted without change, Laws, 1982, ch. 473, § 53; reenacted without change, Laws, 1990, ch. 405, § 55, 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 71-3-105 - Rehabilitation

The commission shall cooperate with federal, state, and local agencies in the rehabilitation of handicapped workers, and shall promptly report to the proper authority industrial injury cases in which retraining or job placement may be needed.
Codes, 1942, § 6998-53; Laws, 1948, ch. 354, § 47; reenacted without change, Laws, 1982, ch. 473, § 54; reenacted without change, Laws, 1990, ch. 405, § 56, 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 71-3-107 - Compensation and death benefits for minors illegally employed

Compensation and death benefits shall be double the amount otherwise payable if the injured employee at the time of the injury is a minor under eighteen (18) years of age employed, permitted, or suffered to work in violation of any provision of the Mississippi labor laws. The employer alone and not the insurance carrier shall be liable for such increased compensation or increased death benefits. Any provision in an insurance policy undertaking to relieve an employer from such increased liability shall be void. The provisions of this section shall not apply, and double compensation and double death benefits shall not be payable, for death or injury to an employee under eighteen (18) years of age employed in the following programs:
(a)
Students fourteen (14) years of age and over and regularly enrolled in an accredited secondary school or college and employed between regular terms or semesters with the written consent of their parent or parents or person standing in loco parentis.
(b)
Students fourteen (14) years of age and over and employed in on-the-job training as a part of a regular program of education in an accredited secondary school with the written consent of their parent or parents or person standing in loco parentis.
Codes, 1942, § 6998-54; Laws, 1948, ch. 354, § 48; 1950, ch. 412, § 21; 1968, ch. 560, § 1; reenacted without change, Laws, 1982, ch. 473, § 55; reenacted without change, Laws, 1990, ch. 405, § 57, 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 71-3-109 - Extraterritorial application

(1)
If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of his employment while temporarily employed outside of this state, he or his dependents in case of his death shall be entitled to compensation according to the law of this state. This provision shall apply only to those injuries received by the employee within six (6) months after leaving this state unless, prior to the expiration of such six (6) months' period, the employer has filed with the commission of Mississippi notice that he has elected to extend such coverage a greater period of time.
(2)
The provisions of this section shall not apply to an employee whose departure from this state is caused by a permanent assignment or transfer.
(3)
Any employee who has been hired or is regularly employed outside of this state and his employer shall be exempted from the provisions of this chapter while such employee is temporarily within this state doing work for his employer if such employer has furnished workmen's compensation insurance coverage under the workmen's compensation or similar laws for a state other than this state so as to cover such employee's employment while in this state, provided the extra-territorial provisions of this chapter are recognized in such other state and provided employers and employees who are covered in this state are likewise exempted from the application of the workmen's compensation or similar laws of such other state. The benefits under the workmen's compensation or similar laws of such other state shall be the exclusive remedy against such employer for any injury, whether resulting in death or not, received by such employee while working for such employer in this state.
Codes, 1942, § 6998-55; Laws, 1948, ch. 354, § 49; reenacted without change, Laws, 1982, ch. 473, § 56; reenacted without change, Laws, 1990, ch. 405, § 58, 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 71-3-113 - [Repealed]

Repealed by Laws, 1990, ch 405, § 60, eff. 7/1/1990.
Laws, 1979, ch. 301, § 48; Laws, 1982, ch. 473, § 58.
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 71-3-115 - Medical Advisory Board; appointment; qualifications; expenses; recommendations

(1)
The Mississippi Workers' Compensation Commission shall appoint a medical advisory board to serve in an advisory capacity to study the possibility of the use of a medical fee schedule and to provide assistance to the commission in the performance of its functions relating to regulation of medical fees and charges pursuant to Section
71-3-15(3)
, Mississippi Code of 1972.
(2)
Such board shall consist of five (5) members, one (1) appointed from each congressional district as they existed on January 1, 1985. Members of the board shall serve at the will and pleasure of the commission. All members of the medical advisory board shall be health care providers.
(3)
Such board shall meet upon the call of the chairman of the Mississippi Workers' Compensation Commission. The board shall receive per diem and mileage as authorized by Section
25-3-69
, Mississippi Code of 1972, for attendance at called meetings to be paid from the administrative expense fund as provided in Section
71-3-97
, Mississippi Code of 1972.
(4)
The Mississippi Workers' Compensation Commission shall provide all office space and clerical assistance that might be required by the board.
(5)
The Workers' Compensation Commission shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives not later than December 15, 1987, concerning the result of the medical fee schedule study, together with any recommendations that the commission may consider necessary in regard to the regulation of medical fees and other costs. Such report shall contain any available comparative data generated by the commission or the medical advisory board.
Laws, 1987, ch. 361, § 1, eff. 3/19/1987.
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 71-3-117 - Review and evaluation of alternative systems of workers' compensation; expenses; recommendations

(1)
The Mississippi Workers' Compensation Commission is hereby authorized and directed to review and make recommendations to the Legislature concerning alternative systems of workers' compensation for the State of Mississippi. The commission shall evaluate (a) the feasibility of group self-insurance and a self-insurance guarantee fund; (b) the deregulation of compensation insurance rates, including the impact of reserving practices, return on investments and profitability on workers' compensation ratemaking; (c) structural alternatives, such as the utilization of a state fund to operate the compensation system; and (d) the provisions of vocational rehabilitation services for covered employees. The Mississippi Department of Insurance shall cooperate and assist the Workers' Compensation Commission in preparing its recommendations.
(2)
The Mississippi Workers' Compensation Commission may employ an actuary and such other staff as may be required to properly conduct this study. The expense of this study shall be paid from the administrative expense fund as provided in Section
71-3-97
, Mississippi Code of 1972.
(3)
The Mississippi Workers' Compensation Commission shall file its report with the Clerk of the House of Representatives and the Secretary of the Senate, together with recommendations for legislation, no later than December 15, 1987, with respect to the subject matter set forth in paragraphs (1)(a) and (1)(d) and no later than November 1, 1988, with respect to the subject matter set forth in paragraphs (1)(b) and (1)(c).
Laws, 1987, ch. 361, § 2, eff. 3/19/1987.
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 71-3-119 - Workers' Compensation Advisory Council; qualifications; appointment; compensation; expenses; purpose; reports

(1)
There is hereby created the Mississippi Workers' Compensation Advisory Council composed of individuals who, by their practice, experience and expertise, reflect the general composition of those involved with the workers' compensation field. The council shall consist of not more than twenty-five (25) members excluding the members of the Mississippi Workers' Compensation Commission, who shall be ex officio members. The members of such council shall be appointed by the Mississippi Workers' Compensation Commission within thirty (30) days of March 19, 1987, to a one-year term or until their successors are appointed and qualified. The members of the council shall select one of their number to be chairman. The advisory council shall consider and advise the Mississippi Workers' Compensation Commission on all matters related to the administration of the Mississippi Workers' Compensation Law. In its discretion the council may recommend to the Mississippi Workers' Compensation Commission changes it deems needed in the substance and administration of the Mississippi Workers' Compensation Law. The council shall report periodically to the Mississippi Workers' Compensation Commission regarding the performance of its duties and functions.
(2)
The members of the advisory council shall receive the per diem under Section
25-3-69
for attendance of meetings of the council and shall be reimbursed for actual and necessary mileage and travel expenses incurred in the discharge of their duties pursuant to Section
25-3-41
. The Mississippi Workers' Compensation Commission may provide personnel to aid the council in the performance of its functions. The amounts allowed to the members of the council for per diem compensation, travel and other council expenses is an expense incurred in the administration of the Mississippi Workers' Compensation Law.
Laws, 1987, ch. 361, § 3, eff. 3/19/1987.
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 71-3-123 - Report of commissioner on assigned risk plan and safety programs

The Commissioner of Insurance shall submit a report consisting of the condition of the assigned risk plan and the safety programs established by insurers in accordance with Chapter 577, Laws of 1992 to the Senate and House Insurance Committees by January 1 of each year, beginning January 1, 1993.
Laws, 1992, ch. 577, § 8, 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 71-3-127 - Use of arbitrators to resolve disputes

The Workers' Compensation Commission may utilize one or more arbitrators to resolve disputes under such procedures as prescribed by the commission in its uniform procedure rules.
Laws, 1992, ch. 577, § 10, 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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-151 - Title

Sections
71-3-151
through
71-3-181
shall be known and may be cited as the "Mississippi Workers' Compensation Self-insurer Guaranty Association Law."
Laws, 1988, ch. 554, § 1, eff. 7/1/1988.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-153 - Purpose and application

The purpose of Sections
71-3-151
through
71-3-181
is to provide a mechanism for the payment of the covered claims under the Workers' Compensation Law, to avoid excessive delay in payment and to avoid financial loss to claimants because of the insolvency of a self-insurer, to assist in the detection and prevention of self-insurer insolvencies, and to provide associations to assess the cost of such protection among self-insurers.
Sections
71-3-151
through
71-3-181
shall apply to all employers who are self-insurers under the provisions of Section
71-3-75
, Mississippi Code of 1972.
Laws, 1988, ch. 554, § 2; Laws, 2004, ch. 555, § 1, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-155 - Workers' compensation self-insurer guaranty association law to be liberally construed

Sections
71-3-151
through
71-3-181
shall be liberally construed to effect the purpose under Section
71-3-153
, which shall constitute an aid and guide to interpretation.
Laws, 1988, ch. 554, § 3, eff. 7/1/1988.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-157 - Definitions

For the purposes of Sections
71-3-151
through
71-3-181
, the following words shall have the meanings ascribed herein unless the context shall otherwise require:
(a)
"Individual association" means the Mississippi Workers' Compensation Individual Self-insurer Guaranty Association created under Section
71-3-159
.
(b)
"Group association" means the Mississippi Workers' Compensation Group Self-insurer Guaranty Association created under Section
71-3-159
.
(c)
"Commission" means the Mississippi Workers' Compensation Commission.
(d)
"Compensation" means amounts payable to claimants under the Mississippi Workers' Compensation Law as defined in Section
71-3-3(j)
, Mississippi Code of 1972.
(e)
"Covered claim" means an unpaid claim upon which compensation or medical is payable by an individual self-insurer or a group self-insurer under the Workers' Compensation Law.
(f)
"Self-insurer in default" means an individual self-insurer or a group self-insurer as defined by this chapter that has defaulted or failed for any reason to satisfy any of its obligations under the Workers' Compensation Law, including, without limitation, all obligations for payment of indemnity compensation, disability, expenses of medical, hospital, surgical, rehabilitation and other services, death benefits and funeral expenses, whether such default or failure is the result of insolvency or bankruptcy or receivership or otherwise.
(g)
"Member self-insurer" means a self-insurer as defined by this chapter who is a member of the Mississippi Workers' Compensation Individual Self-insurer Guaranty Association or the Mississippi Workers' Compensation Group Self-insurer Guaranty Association.
(h)
"Individual self-insurer" is an employer who has been authorized under Section
71-3-75(2)
, Mississippi Code of 1972, to insure under the Workers' Compensation Law.
(i)
"Group self-insurer" is a group of employers who have been authorized under Section
71-3-75(3)
, Mississippi Code of 1972, to insure under the Workers' Compensation Law.
(j)
"Person" means any individual, corporation, partnership, association or voluntary organization.
Laws, 1988, ch. 554, § 4; Laws, 2003, ch. 553, § 1; Laws, 2004, ch. 555, § 2, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-159 - Workers' Compensation Individual Self-insurer Guaranty Association and Workers' Compensation Group Self-insurer Guaranty Association

The Mississippi Workers' Compensation Self-insurer Guaranty Association created under this chapter shall be renamed as the "Mississippi Workers' Compensation Individual Self-insurer Guaranty Association" and there is created a separate nonprofit unincorporated legal entity to be known as the "Mississippi Workers' Compensation Group Self-insurer Guaranty Association." All individual self-insurers shall be and remain members of the individual association and all group self-insurers shall be and remain members of the group association as a condition of their authority under Section
71-3-75
, Mississippi Code of 1972. These associations shall perform their functions under plans of operation established and approved under Section
71-3-165
and shall exercise their powers through boards of directors established under Section
71-3-161
. However, any individual or group self-insurer composed of the state, or any agency thereof, or county or municipal governments shall not be required to be members of the individual association or the group association.
Laws, 1988, ch. 554, § 5; Laws, 2004, ch. 555, § 3, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-161 - Board of directors of associations

(1)
The boards of directors of the individual association and the group association shall each consist of not less than five (5) nor more than nine (9) persons, serving terms as established in their plans of operation. The members of each of the boards shall be selected by their respective member self-insurers, subject to the approval of the commission. Vacancies of the boards shall be filled for the remaining period of the term in the same manner as initial appointments.
(2)
In approving selections to the boards, the commission shall consider, among other things, whether all member self-insurers of their respective association are fairly represented.
(3)
Subject to board approval, members of the boards may be reimbursed from the assets of their respective associations for expenses, including, but not limited to, attorney fees, incurred by them as members of the boards of directors.
Laws, 1988, ch. 554, § 6; Laws, 2004, ch. 555, § 4, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-167 - Duties and powers of the commission

(1)
The commission shall:
(a)
Upon the request of an association or of any other party or without any request on its own motion, enter any appropriate order finding a member self-insurer to be in default and to determine the date of such default and promptly notify the association to which such member self-insurer belongs of the existence of such default and the date of such default.
(b)
Upon request of the board of directors of an association, provide such association with a statement of compensation payments of each member self-insurer of such association.
(2)
The commission may:
(a)
Require that the group association notify the member self-insurers of any group self-insurer in default and any other interested parties of the default. Such notification shall be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient.
(b)
Suspend or revoke, after notice and hearing, the authority to self-insure granted under Section
71-3-75
, Mississippi Code of 1972, of any member self-insurer who fails to pay an assessment when due, or fails to comply with the plan of operation of the association to which it belongs. As an alternative, the commission may levy a fine on any member self-insurer who fails to pay an assessment when due or fails to comply with the plan of operation. Such fine shall not exceed five percent (5%) of the unpaid assessment per month, except that no fine shall be less than One Hundred Dollars ($100.00) per month.
(c)
Revoke the designation of any servicing facility if it finds claims are being handled unsatisfactorily.
(3)
Any final action or order of the commission under Sections
71-3-151
through
71-3-181
shall be subject to judicial review in a court of competent jurisdiction.
Laws, 1988, ch. 554, § 9; Laws, 2003, ch. 553, § 4; Laws, 2004, ch. 555, § 7, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-169 - Assignment of rights under workers' compensation law to association; claims by association against insolvent self-insurer

(1)
Any person recovering from an association under Sections
71-3-151
through
71-3-181
shall be deemed to have assigned his rights under the Workers' Compensation Law to such association to the extent of his recovery from such association. Any claimant seeking the protection of Sections
71-3-151
through
71-3-181
shall cooperate with the association against which claim is made to the same extent as such person would have been required to cooperate with the member self-insurer in default. Such association shall have no cause of action under the Workers' Compensation Law against the claimant of the member self-insurer in default for any sums it has paid out except such causes of action as such member self-insurer in default would have had if such sums had been paid by such member self-insurer in default.
(2)
An association may recover from the self-insurer in default and from a group self-insurer in default all amounts paid by such association on account of covered claims of employees of the member self-insurer in default and any group self-insurer in default to which such member self-insurer in default belongs, as well as all expenses incurred by such association in evaluating, adjusting, defending or settling covered claims of such employees. It shall be presumed that all amounts paid by such association under this section are reasonable, necessary and otherwise in compliance with this chapter. There shall be added to any recovery under this section expenses of litigation of such association in obtaining such recovery, interest at the rate of eight percent (8%) per annum commencing on the date of such default and a ten percent (10%) penalty.
Laws, 1988, ch. 554, § 10; Laws, 2003, ch. 553, § 5; Laws, 2004, ch. 555, § 8, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-171 - [Repealed]

Repealed by Laws, 2003, ch. 553, § 9, eff. 7/1/2003.
Laws, 1988, ch. 554, § 11, eff. 7/1/1988.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-174 - Special assessment plans where association assumes obligations of individual or group self-insurer exceeding the assets of such association

If an association assumes any obligations of an individual self-insurer or group self-insurer under this chapter, and payments of such obligations exceed the assets of such association, such association shall within not less than sixty (60) days thereafter submit for approval by the commission a plan for special assessment of each individual self-insurer and group self-insurer who may be responsible for payment of such obligations in excess of the assets of such association. Such plan for special assessment shall also include the expenses of such association related to the processing of obligations covered by the special assessment plan. Failure to comply with a commission-approved special assessment plan of an association shall create a cause of action in favor of such association against any noncompliant member self-insurer and any noncompliant group self-insurer for recovery of payments and expenses by such association for which the noncompliant member self-insurer or noncompliant group self-insurer should have been obligated. It shall be presumed that all obligations paid by an association pursuant to a commission-approved special assessment plan, including, but not limited to, expenses associated with processing such obligations, are reasonable, necessary and otherwise in compliance with the requirements of this chapter. There shall be added to any recovery under this section expenses of litigation of such association related to such cause of action, interest at the rate of eight percent (8%) per annum beginning on the date of such noncompliance and a ten percent (10%) penalty.
Laws, 2004, ch. 555, § 10, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-175 - Association subject to examination; annual financial report

The individual association and group association shall be subject to examination and regulation by the commission. The board of directors of each association shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commission. The commission shall furnish the board of directors of an association any records of the commission which would aid in the preparation of this financial report.
Laws, 1988, ch. 554, § 13; Laws, 2004, ch. 555, § 11, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-177 - Association exempt from fees and taxes

The individual association and group association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions except taxes levied on real or personal property.
Laws, 1988, ch. 554, § 14; Laws, 2004, ch. 555, § 12, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-179 - Immunity from liability

Subject to Section
71-3-174
, there shall be no liability on the part of and no cause of action of any nature shall arise against any individual self-insurer, any group self-insurer, association, agents and employees of an association, board of directors of an association, and the commission and its employees and representatives, or any of them, for any good faith, affirmative action taken by any of them in the performance of their powers and duties under Sections
71-3-151
through
71-3-181
. This section does not apply to individual employers who are members of a group self-insurer. Such immunity shall not extend to any acts of gross negligence by any such individual self-insurer, group self-insurer, association, agents and employees of an association, board of directors of an association and the commission and its employees and representative committed in the performance of their duties hereunder.
Laws, 1988, ch. 554, § 15; Laws, 2003, ch. 553, § 7; Laws, 2004, ch. 555, § 13, eff. 7/1/2004.
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) › MISSISSIPPI WORKERS' COMPENSATION SELF-INSURER GUARANTY ASSOCIATION LAW (§§ 71-3-151 — 71-3-181) › Section 71-3-181 - Stay of proceedings involving self-insurer in default

All proceedings in which any individual self-insurer in default or group self-insurer in default is a party before the commission or in any court in this state, on order of the commission, may be stayed for a period not to exceed six (6) months from the date of the default to permit proper defense by such association of all covered claims. If any judgment, order, decision, verdict or finding is made or entered against such individual self-insurer in default or group self-insurer in default while the stay provided in this section is effective, the association to which such individual self-insurer or group self-insurer belongs may apply to have such judgment, order, decision, verdict or finding set aside by the same court or administrator that made such judgment, order, decision, verdict or finding. Such association shall be permitted to enter its appearance and defend against any covered claim which is pending on the date of default or which is filed thereafter.
Laws, 1988, ch. 554, § 16; Laws, 2003, ch. 553, § 8; Laws, 2004, ch. 555, § 14, eff. 7/1/2004.
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) › DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT (§§ 71-3-201 — 71-3-225) › Section 71-3-201 - Title

Sections
71-3-201
through
71-3-225
shall be known and may be cited as the "Drug-Free Workplace Workers' Compensation Premium Reduction Act."
Laws, 1997, ch. 455, § 1, eff. 7/1/1997.
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) › DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT (§§ 71-3-201 — 71-3-225) › Section 71-3-203 - Legislative Intent

It is the intent of the Legislature to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays and tragedies associated with work-related accidents resulting from substance abuse by employees.
Laws, 1997, ch. 455, § 2, eff. 7/1/1997.
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) › DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT (§§ 71-3-201 — 71-3-225) › Section 71-3-205 - Definitions

The following words and terms in Sections
71-3-201
through
71-3-225
shall have meanings as follows:
(a)
"Employee" means any person who works for salary, wages or other remuneration for an employer.
(b)
"Employer" means a person or entity that is subject to the Mississippi Workers' Compensation Law as found in Section
71-3-1
et seq., Mississippi Code of 1972.
Laws, 1997, ch. 455, § 3, eff. 7/1/1997.
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) › DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT (§§ 71-3-201 — 71-3-225) › Section 71-3-207 - Implementation of drug-free workplace program; qualification of employer of premium reduction

(1)
If an employer implements a drug-free workplace program substantially in accordance with Sections
71-3-201
through
71-3-225
, the employer shall qualify for certification for a five percent (5%) premium discount if offered under the employer's workers' compensation insurance policy.
(2)
For each policy of workers' compensation insurance issued or renewed in the state on or after July 1, 1997, a five percent (5%) reduction in the premium for such policy may be granted by the insurer if the insured certifies to the insurer that it has established and maintains a drug-free workplace program that complies with the requirements of Sections
71-3-201
through
71-3-225
.
(3)
The premium discount provided by this section shall be applied to an insured's workers' compensation insurance pro rata as of the date of receipt of certification by the insurer.
(4)
The Workers' Compensation Commission shall promulgate appropriate forms and procedures to allow self-certification by an insured to its insurer. Certification by an insured shall be required for each year in which a premium discount is granted.
(5)
The insured's workers' compensation insurance policy shall be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount if it is determined that such insured misrepresented the compliance of its drug-free workplace program within the provisions of Sections
71-3-201
through
71-3-225
.
(6)
The Workers' Compensation Commission shall be authorized to promulgate rules and regulations necessary for the implementation and enforcement of this section.
Laws, 1997, ch. 455, § 4, eff. 7/1/1997.
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) › DRUG-FREE WORKPLACE WORKERS' COMPENSATION PREMIUM REDUCTION ACT (§§ 71-3-201 — 71-3-225) › Section 71-3-209 - Elements of drug-free workplace program

A drug-free workplace program must contain the following elements:
(a)
Written policy statement as provided in Section
71-3-211
;
(b)
Comply with the substance abuse testing procedures as provided in Sections
71-7-1
through
71-7-33
, Mississippi Code of 1972, if testing is initiated by the employer;
(c)
Resources of employee assistance providers or other rehabilitation resources, maintained in accordance with Section
71-3-213
;
(d)
Employee education as provided in Section
71-3-215
; and
(e)
Supervisor training in accordance with Section
71-3-217
.
Laws, 1997, ch. 455, § 5, eff. 7/1/1997.