MS HB288

Amends Mississippi Code Section 71-3-9 to clarify that workers' compensation liability is exclusive and precludes all other claims in contract and tort, including "bad faith" and intentional tort claims.

Establishes a penalty of up to one-half of one percent (1/2 of 1%) of net worth (capped at $250,000) for employers or carriers who engage in a continued course of conduct to intentionally and maliciously withhold entitled benefits without arguable reason, as determined by three workers' compensation commissioners.

Awards attorneys 25% of penalties recovered or 33-1/3% if the commissioners' determination is affirmed on appeal, in addition to other legal fees under the chapter.

Requires 2% of each penalty to be paid to the Mississippi Workers' Compensation Commission for funding education seminars and training related to workers' compensation law.

Limits damages in pending civil litigation cases involving intentional tort or "bad faith" claims to up to one-half of one percent (1/2 of 1%) of net worth (capped at $250,000), effective July 1, 2010.