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MS HB856
Bill
Status
1/30/2018
Primary Sponsor
David Baria
Click for details
AI Summary
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Amends Mississippi Code Section 71-3-71 to allow deduction of the employer's percentage of fault from net proceeds recovered in third-party lawsuits by injured employees or dependents.
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Requires courts to fix the percentage of fault attributable to the employer for the proximate cause of injuries, or the Workers' Compensation Commission in cases settled without suit.
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Establishes deduction order: reasonable collection costs first, then employer's proportional fault percentage, then remaining proceeds applied to employer/insurer liability, with any surplus going to the employee or dependents.
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Allows employers and insurers who paid compensation benefits to maintain legal action against third parties responsible for the injury or death, with similar fault deduction provisions applied.
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Effective date: July 1, 2018.
Legislative Description
Workers' Compensation Law; reduce certain repayment to employer after third party lawsuit due to attributable fault.
Last Action
Died In Committee
1/30/2018