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MS HB856

Bill

Status

Failed

1/30/2018

Primary Sponsor

David Baria

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Insurance1/11/2018

Full Bill Text

No bill text available