2013 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September 2013 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2013 REGULAR SESSION AND 1ST AND 2ND EXTRAORDINARY SESSIONS PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 15 (As Revised 2011) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe Publisher LexisNexis QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONS concerningthispublication, orREPRINTPERMISSION,pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCE concerningreplacementpages, shipments,billingorother matters, pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStates andCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONON OTHERMATTHEWBENDERPUBLICATIONS,pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStatesandCanada 518-487-3000 Copyright © 2013 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark ofReed Elsevier Properties, Inc., used under license. Matthew Benderis a registered trademark ofMatthew Bender Properties, Inc. 5461724 ISBN 978-0-327-09628-3 (Code set) ISBN 978-1-4224-9453-0 (Volume 15) ®' LexisNexis' Matthew Bender & Company, Inc. 701 E Water Street, Charlottesville, VA22902-5389 WWW, com lexisnexis. (Pub.44510) User's Guide Inorderto assistboththelegalprofession andthelaymaninobtainingthe maximumbenefitfromthe Mississippi Code of1972Annotated, aUser's Guide has been included in the main volume. This guide contains comments and information on the many features found within the Code intended to increase the usefulness ofthe Code to the user. iii \ PUBLISHER'S FOREWORD Statutes The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects the statute law of Mississippi as amended by the Mississippi Legislature through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary Sessions. Annotations Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources that arereadto create annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecentcases annotatedmaynotyethaveprintreporter citations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court andthe Court ofAppeals and decisions ofthe appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series American Law Reports, Federal 2nd Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Amendment Notes Amendment notes detail how the new legislation affects existing sections. Editor's Notes Editor's notes summarize subject matter and legislative history of re- pealed sections, provide information as to portions oflegislative acts thathave not been codified, or explain other pertinent information. V Publisher's Foreword Joint Legislative Committee Notes Joint Legislative Committee notes explain codification decisions and corrections ofCode errors made by the Mississippi Joint Legislative Commit- tee on Compilation, Revision, and Publication ofLegislation. Tables The StatutoryTablesvolume adds tables showingdispositionoflegislative acts through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions. Index The comprehensive Index to the Mississippi Code of 1972 Annotated is replaced annually, and we welcome customer suggestions. The foreword to the Index explains our indexing principles, suggests guidelines for successful index research, and provides methods for contacting indexers. Acknowledgements The publisher wishes to acknowledge the cooperation and assistance rendered by the Mississippi Joint Legislative Committee on Compilation, Revision, and Publication ofLegislation, as well as the offices ofthe Attorney General and Secretary ofState, in the preparation ofthis supplement. User Information Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company informa- tion. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. September 2013 LexisNexis vi SCHEDULE OF NEW SECTIONS Added in this Supplement TITLE 71. LABORAND INDUSTRY CHAPTER 5. Unemployment Compensation Article 3. Mississippi Department of Employment Security Sec. 71-5-116. Annual report tracking data from contractors to be used to improve workforce training programs. Article 7. Contributions Article 11. Benefits 71-5-545. Self-Emplo3anentAssistance Program [Repealed effective July 1, 2019]. 2013 Supplement 1 1 Digitized by tine Internet Arcliive 2014 in https://archive.org/details/govlawmscode15s2013 CODE MISSISSIPPI 1972 ANNOTATED VOLUME FIFTEEN TITLE 71 LABOR AND INDUSTRY Chapter 3. Workers' Compensation 71-3-1 Chapter 5. Unemployment Compensation 71-5-1 Chapter 7. Drug andAlcohol Testing ofEmployees 71-7-1 CHAPTER 3 Workers' Compensation General Provisions 71-3-1 GENERAL PROVISIONS Sec. 71-3-1. Citation; purpose; construction. 71-3-7. Liability for payment ofcompensation. 71-3-15. Medical services and supplies. 71-3-17. Compensation for disability. 71-3-19. Maintenance while undergoingvocational rehabilitation. 71-3-25. Compensation for death. 71-3-63. Fees for legal and other services. 71-3-121. Drug and alcohol testing; employer's right to demand or administer; presumptions; admissibility ofresults. § 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 ofinjuries and occupational diseases to workers and, in event ofinjury 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. 2013 Supplement 3 § 71-3-1 Laborand Industry (2) Wherever used in this chapter, or in any other statute or rule or regulation affecting the former Workmen's Compensation Law and any ofits functions or duties: (a) Thewords "workmen's compensation"shall mean "workers'compen- sation"; and (b) The word "commission" shall mean the Workers' Compensation Commission. (3) The primary purposes ofthe Workers' Compensation Law are to pay timely temporary and permanent disability benefits to every worker who legitimatelysuffers awork-relatedinjuryoroccupational disease arisingoutof and in the course ofhis employment, to pay reasonable and necessary medical expensesresultingfromthework-relatedinjuryoroccupational disease, andto encourage the return to work ofthe worker. SOURCES: Codes, 1942, § 6998-01; Laws, 1948, ch. 354, § 1; Laws, 1960, ch. 275; Laws, 1968,ch.559, § 1;reenactedwithoutchange.Laws, 1982,ch.473, § 1; Laws, 1984, ch. 408; reenacted without change. Laws, 1990, ch. 405, § 1; Laws, 2012, ch. 522, § 1, efffrom and after July 1, 2012. — Editor's Note Laws of2012, ch. 522, §§ 10 and 11, provide: "SECTION 10. The Workers' Compensation Commission shall promulgate a written statement specif5ringthe changes made to the Workers' Compensation Law by this act to every employer in this state subject to the Workers' Compensation Law. Within ten (10) days of receipt of this written statement from the Commission, every employer shallpostthe Commission's statementin aconspicuousplaceorplacesin andabouthis placeorplacesofbusinessandadjacenttotheNoticeofCoverageasrequiredbySection 71-3-81. "SECTION 11. This act shall take effect and be in force from and after July 1, 2012, and shall apply to injur—ies occurring on or after July 1, 2012." Amendment Notes The 2012 amendment rewrote (1) and added (3). JUDICLVL DECISIONS 3. —Construction. emerged from beneath a van, stood up, 4. Causal connection. and stated that the worker's back was 12. Temporary total disability. bothering the worker. The only contradic- tory evidence presented was by the store 3. Construction. manager, who claimed that the worker — never said thatthe workerhurtthework- 4. Causal connection. er'sback;however,themanagerdidadmit Mississippi Workers' Compensation that the worker complained ofthe work- Commission's decision that a worker suf- er's back hurting, and the administrative fered an accidental injury, pursuant to judge found that the testimony of the Miss. Code Ann. § 71-3-3(b), within the worker was definitely more credible than course and scope ofthe worker's employ- that of the store manager. Performance ment, pursuant to Miss. Code Ann. § 71- Tire & Wheel, Inc. v Rhoads, 113 So. 3d 3-1(3),wasnotcontrarytotheoverwhelm- 1262 (Miss. Ct. App. 2013). ing weight of the evidence because, althoughnoonesawtheworkerpickatire 12. Temporary total disability. up and injure the worker's back, the Temporarytotal disabilityawardforsix worker informed the worker's supervisor weeks and permanent partial disability immediately following the injury, and the award for 50 weeks and a finding that an supervisor testified that the worker employee reached maximum medical im- 4 2013 Supplement