Key Votes

SB 2576 - Amends worker's compensation - Key Vote

Mississippi Key Votes

Fredie Carmichael voted Yea (Conference Report Vote) on this Legislation.

Read statements Fredie Carmichael made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Yea) (Executive) - (Key vote)
Legislation - Conference Report Adopted (Senate) (31-15) - (Key vote)

Title: Amends worker's compensation

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the state workers' compensation system, effective July 1, 2012.

Highlights:
  • Authorizes payment of compensation for disability or death of an employee from injury or occupational disease that results from and occurs during employment without attributing fault as to the cause of injury (Sec. 2).
  • Establishes a 60-day deadline for employees injured at work to submit medical records when filing a petition to challenge the employer that is withholding compensation (Sec. 2).
  • Specifies that when a pre-existing handicap, disease, or lesion are a contributing factor in a work-related injury, compensation will be reduced by the proportion that the pre-existing condition contributed to the injury (Sec. 2).
  • Prohibits payment of compensation if the proximate cause of the injury was caused by any of the following behaviors (Sec. 2):
    • The use of illegal drugs;
    • The use of prescription drugs improperly;
    • Intoxication due to the use of alcohol; or
    • If it was the willful intention of the employee to injure or kill himself or another.
  • Requires compensation to be paid in an immediate lump-sum payment of $1,000 to the surviving spouse if the injury causes death, in addition to other benefits and reasonable funeral expenses not exceeding $5,000 (Sec. 6).
  • Authorizes the employer to administer or require the employee to submit him or herself to drug and alcohol testing if the employer has reasonable suspicion that an employee is under the influence of alcohol, a drug used illegally, or prescription drugs used improperly at the time the claimant sustains or declares a work-related injury (Sec. 8).
  • Specifies that if the claimant has a positive drug or alcohol test indicating the presence of drugs or alcohol during the time of the injury or if the employee refuses to submit to the tests, that drugs or alcohol will be presumed to be the proximate cause of injury (Sec. 8).
  • Specifies that the burden of proof to contest the employer’s positive findings from the drug and alcohol test is placed on the employee (Sec. 8).
Legislation - Conference Report Adopted (House) (63-56) - (Key vote)

Title: Amends worker's compensation

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the state workers' compensation system, effective July 1, 2012.

Highlights:
  • Authorizes payment of compensation for disability or death of an employee from injury or occupational disease that results from and occurs during employment without attributing fault as to the cause of injury (Sec. 2).
  • Establishes a 60-day deadline for employees injured at work to submit medical records when filing a petition to challenge the employer that is withholding compensation (Sec. 2).
  • Specifies that when a pre-existing handicap, disease, or lesion are a contributing factor in a work-related injury, compensation will be reduced by the proportion that the pre-existing condition contributed to the injury (Sec. 2).
  • Prohibits payment of compensation if the proximate cause of the injury was caused by any of the following behaviors (Sec. 2):
    • The use of illegal drugs;
    • The use of prescription drugs improperly;
    • Intoxication due to the use of alcohol; or
    • If it was the willful intention of the employee to injure or kill himself or another.
  • Requires compensation to be paid in an immediate lump-sum payment of $1,000 to the surviving spouse if the injury causes death, in addition to other benefits and reasonable funeral expenses not exceeding $5,000 (Sec. 6).
  • Authorizes the employer to administer or require the employee to submit him or herself to drug and alcohol testing if the employer has reasonable suspicion that an employee is under the influence of alcohol, a drug used illegally, or prescription drugs used improperly at the time the claimant sustains or declares a work-related injury (Sec. 8).
  • Specifies that if the claimant has a positive drug or alcohol test indicating the presence of drugs or alcohol during the time of the injury or if the employee refuses to submit to the tests, that drugs or alcohol will be presumed to be the proximate cause of injury (Sec. 8).
  • Specifies that the burden of proof to contest the employer’s positive findings from the drug and alcohol test is placed on the employee (Sec. 8).
Legislation - Nonconcurrence Vote Passed (Senate) -
Legislation - Bill Passed With Amendment (House) (59-58) -
Note:

NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.

Legislation - Bill Passed With Amendment (House) (60-56) -
Legislation - Bill Passed (Senate) (39-13) - (Key vote)

Title: Amends Worker's Compensation

Vote Smart's Synopsis:

Vote to pass a bill that amends the state's workers' compensation laws.

Highlights:
  • Authorizes payment of compensation for disability or death of an employee from injury or occupational disease that results from and occurs during employment without fault (Sec. 3).
  • Defines “injury” as an accidentally injury or accidental death as a consequence of and during the time of employment without regard to fault which results from an unforeseen event or events (Sec. 2).
  • Requires the claimant to provide medical proof to his employer of the direct causal connection between the work performed according to his employment and the alleged work-related injury or work-related disease (Sec. 3).
  • Requires the claimant to file medical proof when filing a petition to challenge the employer that is not providing benefits (Sec. 3).
  • Specifies that when pre-existing handicap, disease, or lesion are a contributing factor in a work-related injury, compensation will be reduced by the proportion that the pre-existing condition contributed to the injury (Sec. 3).
  • Prohibits payment of compensation if the proximate cause of the injury was caused by the use of drugs illegally, the use of prescription drugs improperly or intoxication due to the use of alcohol, or if it was the willful intention of the employee to injure or kill himself or another (Sec. 3).
  • Requires compensation to be paid in an immediate lump-sum payment of $1,000 to the surviving spouse if the injury causes death, in addition to other benefits and reasonable funeral expenses not exceeding $5,000 (Sec. 7).
  • Authorizes the employer to administer or require the employee to submit him or herself to drug and alcohol testing if the employer has reasonable suspicion that an employee is under the influence of alcohol, a drug used illegally, or prescription drugs used improperly at the time the claimant sustains or declares a work-related injury (Sec. 9).
  • Specifies that if the claimant has a positive drug or alcohol test indicating the presence of drugs or alcohol during the time of the injury or if the employee refuses to submit to the tests, that drugs or alcohol will be presumed to be the proximate cause of injury (Sec. 9).
  • Specifies that the burden of proof to contest the employer’s positive findings from the drug and alcohol test is placed on the employee (Sec. 9).
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Introduced (Senate) -

Title: Amends Worker's Compensation

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