Bill Text: MS SB2835 | 2019 | Regular Session | Engrossed
Bill Title: Mississippi First Responders Health and Safety Act; create.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2019-04-16 - Approved by Governor [SB2835 Detail]
Download: Mississippi-2019-SB2835-Engrossed.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Insurance; Appropriations
By: Senator(s) Carter, Carmichael, Gollott, Blount, Moran, Branning, Jackson (11th), Seymour, Whaley, McDaniel, Blackwell
Senate Bill 2835
(As Passed the Senate)
AN ACT TO CREATE THE "MISSISSIPPI FIRST RESPONDERS HEALTH AND SAFETY ACT"; TO PROVIDE THAT WHEN A FIRST RESPONDER WHO HAS COMPLETED A CERTAIN NUMBER OF YEARS OF SERVICE IS UNABLE TO PERFORM HIS REGULAR DUTIES BY REASON OF AN OCCUPATIONAL CANCER, SUCH CANCER SHALL BE CLASSIFIED AS AN OCCUPATIONAL DISEASE OR INFIRMITY CONNECTED WITH THE DUTIES OF A FIRST RESPONDER; TO PROVIDE THAT THE AFFECTED FIRST RESPONDER OR HIS SURVIVORS SHALL BE ENTITLED TO ALL RIGHTS AND BENEFITS AS GRANTED BY STATE LAW TO WHICH ONE SUFFERING AN OCCUPATIONAL INJURY IS ENTITLED AS SERVICE-CONNECTED IN THE LINE OF DUTY; TO PROVIDE THAT THE DEVELOPMENT OF HEART AND LUNG DISEASE, HEARING LOSS, HEPATITIS B OR HEPATITIS C, TUBERCULOSIS OR HIV/AIDS, DURING EMPLOYMENT IN FIRE OR POLICE SERVICE, SHALL BE CLASSIFIED AS AN OCCUPATIONAL DISEASE; TO BRING FORWARD SECTIONS 71-3-1, 71-3-3, 71-3-5 AND 71-3-9, MISSISSIPPI CODE OF 1972, FOR PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi First Responders Health and Safety Act."
SECTION 2. (1) Because of exposure to heat, smoke and fumes or carcinogenic, poisonous, toxic or chemical substances, radar, stress, when a first responder who has completed ten (10) or more years of service is unable to perform his regular duties in the fire service in this state by reason of cancer, such cancer shall be classified as an occupational disease or infirmity connected with the duties of a first responder. The disease or infirmity shall be presumed to have been caused by or to have resulted from the work performed. This presumption shall be rebuttable by evidence meeting judicial standards, and shall be extended to a member following termination of service for a period of three (3) months for each full year of service not to exceed sixty (60) months commencing with the last actual date of service.
(2) (a) The occupational cancer referred to in subsection (1) of this section shall be limited to the types of cancer which may be caused by exposure to heat, smoke, radiation or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. The occupational cancer shall also be limited to a cancer originating in the bladder, brain, colon, liver, pancreas, skin, kidney or gastrointestinal or reproductive tract, and leukemia, lymphoma, multiple myeloma, prostate, and testicular cancer, or any other type of cancer, due to occupational exposure, for which firefighters are determined to have a statistically significant increased risk over that of the general population. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the firefighter from benefits.
(b) The cancer referred to in subsection (1) of this section shall be limited to the types of cancer which may be caused by exposure to radiation or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. The cancer shall also be limited to a cancer originating in the bladder, brain, reproductive tract, prostate, and testicular cancer, or any other type of cancer, due to occupational exposure, for which law enforcement are determined to have a statistically significant increased risk over that of the general population. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the law enforcement officer from benefits.
(c) Any such first responder must have successfully passed a physical examination upon entering into service as a firefighter or police officer, which examination failed to reveal any evidence of the condition.
(3) The affected first responder or his survivors shall be entitled to all rights and benefits as granted by state law to which one suffering an occupational injury is entitled as service-connected in the line of duty.
(4) For purposes of this act, the term "firefighter" shall mean any firefighter employed by any subdivision of the State of Mississippi on a full-time duty status, and any firefighter registered with the State of Mississippi, or a political subdivision thereof, on a volunteer firefighting status.
(5) For the purposes of this act, the term "police officer" shall mean every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations in the State of Mississippi.
(6) For the purposes of this act, the term "first responder" shall mean every firefighter and police officer as defined in subsections (4) and (5) of this section.
SECTION 3. (1) Any acute cardiovascular or stroke (ischemic or hemorrhagic) event which develops within twenty-four (24) hours of the end of the shift where training or a stressful event on the first responder's primary department shall be classified as a service-connected disease.
(2) The employee affected, or his survivors, shall be entitled to all rights and benefits as granted by the laws of the State of Mississippi to which one suffering an occupational disease is entitled as service-connected in the line of duty. Such an event shall be presumed, prima facie, to have been caused by or have resulted from the nature of the work performed whenever same is manifested within twenty-four (24) hours of the end of the shift. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the firefighter or police officer from benefits.
(3) Any such first responder must have successfully passed a physical examination upon entering into any service as a firefighter or police officer, which examination failed to reveal any evidence of the condition.
SECTION 4. (1) Any loss of hearing which is ten percent (10%) greater than that of the affected employee's comparable age group in the general population and which develops during employment in the classified fire or police service in the State of Mississippi shall, for purposes of this section only, be classified as a disease or infirmity connected with employment. The employee affected shall be entitled to medical benefits, including hearing prosthesis as granted by the laws of the State of Mississippi to which one suffering an occupational disease is entitled, regardless of whether the firefighter or police officer is on duty at the time he is stricken with the loss of hearing. Such loss of hearing shall be presumed to have developed during employment and shall be presumed to have been caused by or to have resulted from the nature of the work performed whenever same is manifested at any time after the first ten (10) years of employment in such classified service. This presumption shall be rebuttable by evidence meeting judicial standards and shall be extended to an employee following termination of service for a period of twenty-four (24) months.
(2) Each person selected for appointment to an entry level position in the classified fire or police service on July 1, 2006, or thereafter shall submit to a baseline audiology examination. The appointing authority shall develop and implement policies and procedures for the administration of the examination. The examination shall take place not later than one (1) year after the selection of the person for the appointment.
SECTION 5. (1) As an alternative to pursuing workers' compensation benefits under Sections 2, 3 and 4 of this act, upon a diagnosis of cancer, an acute cardiovascular or stroke event, or the development of Hepatitis B or Hepatitis C, Tuberculosis, HIV/AIDS, or the development of hearing loss, a first responder is entitled to the following benefits:
(a) Provided the diagnosis occurs on or after the first responder's effective date of coverage, a lump-sum benefit of Thirty-five Thousand Dollars ($35,000.00) of coverage for each diagnosis payable to the first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of cancer diagnosed that there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that either:
(i) There is metastasis; and
(ii) Surgery, radiotherapy, or chemotherapy is medically necessary; or
(iii) There is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy; or
(iv) The firefighter has terminal cancer, his or her life expectancy is twenty-four (24) months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy; or
(b) A lump-sum benefit of Ten Thousand Dollars ($10,000.00) for each diagnosis payable to the first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of cancer involved that:
(i) There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary;
(ii) There are malignant tumors which are treated by endoscopic procedures alone; or
(iii) There are malignant melanomas.
(c) A lump-sum benefit of Thirty-five Thousand Dollars ($35,000.00) for each diagnosis payable to such first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of heart disease involved that:
(i) If a first responder suffers an acute cardiovascular or stroke (ischemic or hemorrhagic) event within twenty-four (24) hours of the end of the shift where training or a stressful event occurred.
(ii) The combined total of benefits received by any first responder under subsections (2)(a),(b) and (c) of this section during his or her lifetime shall not exceed One Hundred Thousand Dollars ($100,000.00).
(d) A benefit equal to the cost of hearing prosthesis upon acceptable proof to the insurance carrier or other payor of a diagnosis of ten percent (10%) or greater hearing loss requiring the use of hearing prosthesis by a board-certified physician in the medical specialty appropriate for the type of hearing loss involved.
(e) A disability benefit payable as a result of a specific cancer, acute cardiovascular or stroke event, or development of Hepatitis B or Hepatitis C, Tuberculosis, or HIV/AIDS-related illness to begin three (3) months after the date of disability and submission to the insurance carrier or other payor of acceptable proof of disability caused by the specified disease or events such that such illness precludes the first responder from serving as a first responder:
(i) A monthly benefit equal to sixty percent (60%) of the first responder's monthly salary as an employed first responder with a fire or police department or a monthly benefit of Five Thousand Dollars ($5,000.00), whichever is less; of which the first payment shall be made three (3) months after the total disability and shall continue for up to thirty-six (36) consecutive monthly payments;
(ii) Such monthly benefit shall be subordinate to any other benefit actually paid to the first responder solely for such disability from any other source, not including private insurance purchased solely by the first responder;
(iii) Any first responder receiving the monthly benefits may be required to have his or her condition reevaluated. In the event any such reevaluation reveals that such person has regained the ability to perform duties as a first responder, then his or her monthly benefits shall cease the last day of the month of reevaluation; and
(iv) In the event that there is a subsequent recurrence of a disability caused by the specified illness or event, which precludes the first responder from serving as a first responder, he or she shall be entitled to receive any remaining monthly payments.
(f) If a first responder who qualifies for benefits under this section dies as a result of a first responder's occupational disease or acute event, his or her death shall be compensable to the same extent as the death of a first responder killed in the line of duty, and he or she shall be considered to have been killed in the line of duty and shall be eligible for the line of duty death benefits as set forth in Section 45-2-1.
(g) An eligible first responder who dies as a result of cancer, an acute cardiovascular or stroke event, or circumstances arising out of the treatment of cancer, but does not submit sufficient proof of claim prior to the first responder's death, is entitled to receive benefits specified in paragraphs (a), (b), (c), and (e) of this subsection and made available to the deceased first responder's beneficiary; and
(h) Any first responder who was simultaneously a member of more than one (1) fire or police department at the time of diagnosis shall not be entitled to receive benefits from or on behalf of more than one (1) fire or police department. The first responder's primary place of employment shall maintain coverage for the eligible first responder; and
(i) Insurance payments received by an eligible first responder under Section 5 are included in gross income for federal income tax purposes.
(2) The benefits specified in paragraphs (a), (b), (c) and (e) of subsection (1) of this section must be continued by a former employer of a first responder for five (5) years following the date that the first responder terminates employment, so long as the first responder otherwise met the criteria specified in this subsection when he or she terminated employment and was not subsequently employed as a first responder following that date.
SECTION 6. The costs of purchasing an insurance policy that provides the cancer, specified communicable diseases, and acute cardiovascular or stroke events contained in Section 5 of this act, or the costs of providing such benefits through a self-funded system compliant with Section 5 of this act, must be borne solely by the employer that employs the eligible first responder and may not be funded partially or wholly by individual first responders. In addition to any other purpose authorized, county governing authorities and municipal governing authorities may use proceeds from county and municipal taxes imposed for the purposes of providing insurance pursuant to Section 5 of this act. The computation of premium amounts by an insurer for the coverages under this paragraph shall be subject to generally accepted adjustments from insurance underwriting.
SECTION 7. (1) The state, municipality, county, or fire protection district shall, no later than January 1, 2021, show proof of insurance coverage to the Commissioner of Insurance that it meets the requirements of Section 5 of this act, or shall show satisfactory proof of the ability to pay such compensation to ensure adequate coverage for all eligible first responders. Such coverage shall remain in effect until a fire or police department no longer has any first responders who could qualify for these benefits.
(2) The Commissioner of Insurance shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of Section 5 of this act. Such regulations shall include the process by which a first responder files a claim for cancer or heart benefits, how the beneficiary of such eligible first responder files a claim for the enhanced cancer death benefit, and the process by which claimants can appeal a denial of benefits and what proof is deemed acceptable to qualify for such benefits.
(3) The Commissioner of Insurance shall adopt rules to establish firefighter cancer prevention best practices as it relates to personal protective equipment, decontamination, fire suppression, apparatus, and fire stations.
SECTION 8. (1) Because of exposure to blood and saliva of accident and crime victims, when a firefighter or police officer in the classified service, who has completed two (2) or more years of service, has contracted Hepatitis B or Hepatitis C, such disease shall be deemed an occupational disease or infirmity connected with the duties of a firefighter or police officer. The disease or infirmity shall be presumed to have been caused or to have resulted from such work performed. The presumption shall be rebuttable by evidence meeting judicial standards, and shall be extended to a member following termination of service for a period of three (3) months for each full year of service not to exceed sixty (60) months commencing with the last actual date of service. The presumption shall also be rebuttable by evidence that the otherwise eligible affected member was at the time of diagnosis of Hepatitis B or C, or within one (1) year of such diagnosis, unlawfully using controlled substances by means of intravenous injection, or lived in an intimate relationship with any person who has been diagnosed with Hepatitis B or C.
(2) The affected member or his survivors shall be entitled to all rights and benefits as granted by state or federal law to which one suffering from an occupational disease is entitled as service-connected in the line of duty.
SECTION 9. This act may also be referred to as the "Arson Investigator Danny Benton and Police Chief Henry Manuel, Sr., Act."
SECTION 10. Section 71-3-1, Mississippi Code of 1972, is brought forward as follows:
71-3-1. (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.
SECTION 11. Section 71-3-3, Mississippi Code of 1972, is brought forward as follows:
71-3-3. Unless the context otherwise requires, the definitions which follow govern the construction and meaning of the terms used in this chapter:
(a) "Person" includes an individual, firm, voluntary association or a corporation.
(b) "Injury" means accidental injury or accidental death arising out of and in the course of employment without regard to fault which results from an untoward event or events, if contributed to or aggravated or accelerated by the employment in a significant manner. Untoward event includes events causing unexpected results. An untoward event or events shall not be presumed to have arisen out of and in the course of employment, except in the case of an employee found dead in the course of employment. This definition includes injuries to artificial members, and also includes an injury caused by the willful act of a third person directed against an employee because of his employment while so employed and working on the job, and disability or death due to exposure to ionizing radiation from any process in employment involving the use of or direct contact with radium or radioactive substances with the use of or direct exposure to roentgen (X-rays) or ionizing radiation. In radiation cases only, the date of disablement shall be treated as the date of the accident. Occupational diseases, or the aggravation thereof, are excluded from the term "injury," provided that, except as otherwise specified, all provisions of this chapter apply equally to occupational diseases as well as injury.
(c) "Death," when mentioned as a basis for the right to compensation, means only death resulting from such an injury.
(d) "Employee" means any person, including a minor whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship, written or oral, express or implied, provided that there shall be excluded therefrom all independent contractors and especially any individual performing service in, and at the time of, the sale of newspapers or magazines to ultimate consumers under an arrangement under which the newspapers or magazines are to be sold by the individual at a fixed price, the individual's compensation being based on the retention of the excess of such price over the amount at which the newspapers or magazines are charged to the individual, whether or not the individual is guaranteed a minimum amount of compensation for such service or is entitled to be credited with the unsold newspapers or magazines returned. A student of an educational institution who, as a part of such educational institution's curriculum, is receiving practical training at any facility, who is under the active and direct supervision of the personnel of the facility and/or an instructor of the educational institution, and who is not receiving wages as a consequence of participation in such practical training shall not be considered an employee of such facility on account of participation in such practical training.
(e) "Employer," except when otherwise expressly stated, includes a person, partnership, association, corporation and the legal representatives of a deceased employer, or the receiver or trustee of a person, partnership, association or corporation.
(f) "Carrier" means any person authorized in accordance with the provisions of this chapter to insure under this chapter and includes self-insurers.
(g) "Self-insurer" is an employer who has been authorized under the provisions of this chapter to carry his own liability on his covered employees without insuring in a stock or mutual carrier.
(h) "Commission" means the Workers' Compensation Commission.
(i) "Disability" means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment, which incapacity and the extent thereof must be supported by medical findings.
(j) "Compensation" means the money allowance payable to an injured worker or his dependents as provided in this chapter, and includes funeral benefits provided therein.
(k) "Wages" includes the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of injury, and also the reasonable value of board, rent, housing, lodging or similar advantage received from the employer and gratuities received in the course of employment from others than the employer. The term "wages" shall not include practical training received by students of an educational institution as a part of such educational institution's curriculum.
(l) "Child" shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in the place of a parent for at least one (1) year prior to the time of injury and a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him. "Grandchild" means a child as above defined of a child as above defined. "Brother" and "sister" include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers nor married sisters unless wholly dependent on the employee. "Child," "grandchild," "brother" and "sister" include only persons who are under eighteen (18) years of age, and also persons who, though eighteen (18) years of age or over, are wholly dependent upon the deceased employee and incapable of self-support by reason of mental or physical disability, and also a child eighteen (18) years of age or older, until his twenty-third birthday, who is dependent upon the deceased and is pursuing a full-time education.
(m) "Parent" includes stepparents and parents by adoption, parents-in-law or any person who for more than three (3) years prior to the death of the deceased employee stood in the place of a parent to him, or her, if dependent on the injured employee.
(n) The term "surviving spouse" includes the decedent's legal wife or husband, living with him or her or dependent for support upon him or her at the time of death or living apart for justifiable cause or by reason of desertion at such time, provided, however, such separation had not existed for more than three (3) years without an award for separate maintenance or alimony or the filing of a suit for separate maintenance or alimony in the proper court in this state. The term "surviving spouse" shall likewise include one not a legal wife or husband but who had entered into a ceremonial marriage with the decedent at least one (1) year prior to death and who, on the date of the decedent's death, stood in the relationship of a wife or husband, provided there was no living legal spouse who had protected her or his rights for support by affirmative action as hereinabove required. The term "surviving spouse" as contemplated in this chapter shall not apply to any person who has, since his or her separation from decedent, entered into a ceremonial marriage or lived in open adultery with another.
(o) The term "adoption" or "adopted" means legal adoption prior to the time of the injury.
(p) The singular includes the plural and the masculine includes the feminine and neuter.
(q) It is expressly provided, agreed and understood in determining beneficiaries under this section that a surviving spouse suffering a mental or physical handicap and children under the age of eighteen (18) years are presumed to be dependent.
(r) "Independent contractor" means any individual, firm or corporation who contracts to do a piece of work according to his own methods without being subject to the control of his employer except as to the results of the work, and who has the right to employ and direct the outcome of the workers independent of the employer and free from any superior authority in the employer to say how the specified work shall be done or what the laborers shall do as the work progresses, one who undertakes to produce a given result without being in any way controlled as to the methods by which he attains the result.
(s) "Average weekly wage for the state" means an amount determined by the commission as of October 1 of each year based upon wage and employment statistics reported to the commission by the Mississippi Employment Security Commission. Such amount shall be based upon data for the preceding twelve-month period and shall be effective from and after January 1 of the following year.
SECTION 12. Section 71-3-5, Mississippi Code of 1972, is brought forward as follows:
71-3-5. The following shall constitute employers subject to the provisions of this chapter:
Every person, firm and private corporation, including any public service corporation but excluding, however, all nonprofit charitable, fraternal, cultural, or religious corporations or associations, that have in service five (5) or more workmen or operatives regularly in the same business or in or about the same establishment under any contract of hire, express or implied.
Any state agency, state institution, state department, or subdivision thereof, including counties, municipalities and school districts, or the singular thereof, not heretofore included under the Workers' Compensation Law, may elect, by proper action of its officers or department head, to come within its provisions and, in such case, shall notify the commission of such action by filing notice of compensation insurance with the commission. Payment for compensation insurance policies so taken may be made from any appropriation or funds available to such agency, department or subdivision thereof, or from the general fund of any county or municipality.
From and after July 1, 1990, all offices, departments, agencies, bureaus, commissions, boards, institutions, hospitals, colleges, universities, airport authorities or other instrumentalities of the "state" as such term is defined in Section 11-46-1, Mississippi Code of 1972, shall come under the provisions of the Workers' Compensation Law. Payment for compensation insurance policies so taken may be made from any appropriation or funds available to such office, department, agency, bureau, commission, board, institution, hospital, college, university, airport authority or other instrumentality of the state.
From and after October 1, 1990, counties and municipalities shall come under the provisions of the Workers' Compensation Law. Payment for compensation insurance policies so taken may be made from any funds available to such counties and municipalities.
From and after October 1, 1993, all "political subdivisions," as such term is defined in Section 11-46-1, Mississippi Code of 1972, except counties and municipalities shall come under the provisions of the Workers' Compensation Law. Payment for compensation insurance policies so taken may be made from any funds available to such political subdivisions.
From and after July 1, 1988, the "state" as such term is defined in Section 11-46-1, Mississippi Code of 1972, may elect to become a self-insurer under the provisions elsewhere set out by law, by notifying the commission of its intent to become a self-insurer. The cost of being such a self-insurer, as provided otherwise by law, may be paid from funds available to the offices, departments, agencies, bureaus, commissions, boards, institutions, hospitals, colleges, universities, airport authorities or other instrumentalities of the state.
The Mississippi Transportation Commission, the Department of Public Safety and the Mississippi Industries for the Blind may elect to become self-insurers under the provisions elsewhere set out by law by notifying the commission of their intention of becoming such a self-insurer. The cost of being such a self-insurer, as provided elsewhere by law, may be paid from funds available to the Mississippi Transportation Commission, the Department of Public Safety or the Mississippi Industries for the Blind.
The Mississippi State Senate and the Mississippi House of Representatives may elect to become self-insurers under provisions elsewhere set out by law by notifying the commission of their intention of becoming such self-insurers. The cost of being such self-insurers, as provided elsewhere by law, may be paid from funds available to the Mississippi State Senate and the Mississippi House of Representatives. The Mississippi State Senate and the Mississippi House of Representatives are authorized and empowered to provide workers' compensation benefits for employees after January 1, 1970.
Any municipality of the State of Mississippi having forty thousand (40,000) population or more desiring to do so may elect to become a self-insurer under provisions elsewhere set out by law by notifying the commission of its intention of becoming such an insurer. The cost of being such a self-insurer, as provided elsewhere by law, may be provided from any funds available to such municipality.
The commission may, under such rules and regulations as it prescribes, permit two (2) or more "political subdivisions," as such term is defined in Section 11-46-1, Mississippi Code of 1972, to pool their liabilities to participate in a group workers' compensation self-insurance program. The governing authorities of any political subdivision may authorize the organization and operation of, or the participation in such a group self-insurance program with other political subdivisions, provided such program is approved by the commission. The cost of participating in a group self-insurance program may be provided from any funds available to a political subdivision.
Domestic servants, farmers and farm labor are not included under the provisions of this chapter, but this exemption does not apply to the processing of agricultural products when carried on commercially. Any purchaser of timber products shall not be liable for workers' compensation for any person who harvests and delivers timber to such purchaser if such purchaser is not liable for unemployment tax on the person harvesting and delivering the timber as provided by United States Code Annotated, Title 26, Section 3306, as amended. Provided, however, nothing in this section shall be construed to exempt an employer who would otherwise be covered under this section from providing workers' compensation coverage on those employees for whom he is liable for unemployment tax.
Employers exempted by this section may assume, with respect to any employee or classification of employees, the liability for compensation imposed upon employers by this chapter with respect to employees within the coverage of this chapter. The purchase and acceptance by such employer of valid workers' compensation insurance applicable to such employee or classification of employees shall constitute, as to such employer, an assumption by him of such liability under this chapter without any further act on his part notwithstanding any other provisions of this chapter, but only with respect to such employee or such classification of employees as are within the coverage of the state fund. Such assumption of liability shall take effect and continue from the effective date of such workers' compensation insurance and as long only as such coverage shall remain in force, in which case the employer shall be subject with respect to such employee or classification of employees to no other liability than the compensation as provided for in this chapter.
An owner/operator, and his drivers, must provide a certificate of insurance of workers' compensation coverage to the motor carrier or proof of coverage under a self-insured plan or an occupational accident policy. Any such occupational accident policy shall provide a minimum of One Million Dollars ($1,000,000.00) of coverage. Should the owner/operator fail to provide written proof of coverage to the motor carrier, then the owner/operator, and his drivers, shall be covered under the motor carrier's workers' compensation insurance program and the motor carrier is authorized to collect payment of the premium from the owner/operator. In the event that coverage is obtained by the owner/operator under a workers' compensation policy or through a self-insured or occupational accident policy, then the owner/operator, and his drivers, shall not be entitled to benefits under the motor carrier's workers' compensation insurance program unless the owner/operator has elected in writing to be covered under the carrier's workers' compensation program or policy or if the owner/operator is covered by the carrier's plan because he failed to obtain coverage. Coverage under the motor carrier's workers' compensation insurance program does not terminate the independent contractor status of the owner/operator under the written contract or lease agreement. Nothing shall prohibit or prevent an owner/operator from having or securing an occupational accident policy in addition to any workers' compensation coverage authorized by this section. Other than the amendments to this section by Chapter 523, Laws of 2006, the provisions of this section shall not be construed to have any effect on any other provision of law, judicial decision or any applicable common law.
This chapter shall not apply to transportation and maritime employments for which a rule of liability is provided by the laws of the United States.
This chapter shall not be applicable to a mere direct buyer-seller or vendor-vendee relationship where there is no employer-employee relationship as defined by Section 71-3-3, and any insurance carrier is hereby prohibited from charging a premium for any person who is a seller or vendor rather than an employee.
Any employer may elect, by proper and written action of its own governing authority, to be exempt from the provisions of the Workers' Compensation Law as to its sole proprietor, its partner in a partnership or to its employee who is the owner of fifteen percent (15%) or more of its stock in a corporation, if such sole proprietor, partner or employee also voluntarily agrees thereto in writing. Any sole proprietor, partner or employee owning fifteen percent (15%) or more of the stock of his/her corporate employer who becomes exempt from coverage under the Workers' Compensation Law shall be excluded from the total number of workers or operatives toward reaching the mandatory coverage threshold level of five (5).
SECTION 13. Section 71-3-9, Mississippi Code of 1972, is brought forward as follows:
71-3-9. 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.
SECTION 14. This act shall take effect and be in force from and after July 1, 2019, and shall stand repealed on June 30, 2019.
