§ 71-3-151. Title
Sections 71-3-151 through 71-3-181 shall be known and may be cited as the “Mississippi Workers’ Compensation Self-insurer Guaranty Association Law.”
§ 71-3-153. Purpose and application
The purpose of Sections 71-3-151 through 71-3-181 is to provide a mechanism for the payment of the covered claims under the Workers’ Compensation Law, to avoid excessive delay in payment and to avoid financial loss to claimants because of the insolvency of a self-insurer, to assist in the detection and prevention of self-insurer insolvencies, and […]
§ 71-3-155. Workers’ compensation self-insurer guaranty association law to be liberally construed
Sections 71-3-151 through 71-3-181 shall be liberally construed to effect the purpose under Section 71-3-153, which shall constitute an aid and guide to interpretation.
§ 71-3-157. Definitions
For the purposes of Sections 71-3-151 through 71-3-181, the following words shall have the meanings ascribed herein unless the context shall otherwise require: “Individual association” means the Mississippi Workers’ Compensation Individual Self-insurer Guaranty Association created under Section 71-3-159. “Group association” means the Mississippi Workers’ Compensation Group Self-insurer Guaranty Association created under Section 71-3-159. “Commission” means […]
§ 71-3-159. Workers’ Compensation Individual Self-insurer Guaranty Association and Workers’ Compensation Group Self-insurer Guaranty Association
The Mississippi Workers’ Compensation Self-insurer Guaranty Association created under this chapter shall be renamed as the “Mississippi Workers’ Compensation Individual Self-insurer Guaranty Association” and there is created a separate nonprofit unincorporated legal entity to be known as the “Mississippi Workers’ Compensation Group Self-insurer Guaranty Association.” All individual self-insurers shall be and remain members of the […]
§ 71-3-161. Board of directors of associations
The boards of directors of the individual association and the group association shall each consist of not less than five (5) nor more than nine (9) persons, serving terms as established in their plans of operation. The members of each of the boards shall be selected by their respective member self-insurers, subject to the approval […]
§ 71-3-163. Powers, duties and obligations of the associations
Each association shall: Be obligated to the extent of its covered claims existing prior to the date of default and arising within thirty (30) days after the date of default. In no event shall an association be obligated to a claimant in an amount in excess of the obligation of the defaulting member self-insurer of […]
§ 71-3-165. Plan of operation of associations
Each association shall submit to the commission a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the commission. If at any time an association fails to […]
§ 71-3-167. Duties and powers of the commission
The commission shall: Upon the request of an association or of any other party or without any request on its own motion, enter any appropriate order finding a member self-insurer to be in default and to determine the date of such default and promptly notify the association to which such member self-insurer belongs of the […]
§ 71-3-169. Assignment of rights under workers’ compensation law to association; claims by association against insolvent self-insurer
Any person recovering from an association under Sections 71-3-151 through 71-3-181 shall be deemed to have assigned his rights under the Workers’ Compensation Law to such association to the extent of his recovery from such association. Any claimant seeking the protection of Sections 71-3-151 through 71-3-181 shall cooperate with the association against which claim is […]
§ 71-3-173. Examination of association members; powers and duties of the board of directors; detection and prevention of insolvency of members of association
To aid in the detection and prevention of individual self-insurer insolvencies and group self-insurer insolvencies: The board of directors of an association may, upon majority vote, request that the commission order an examination of any of its member self-insurers and group self-insurers which the board in good faith believes may be in a financial condition […]
§ 71-3-174. Special assessment plans where association assumes obligations of individual or group self-insurer exceeding the assets of such association
If an association assumes any obligations of an individual self-insurer or group self-insurer under this chapter, and payments of such obligations exceed the assets of such association, such association shall within not less than sixty (60) days thereafter submit for approval by the commission a plan for special assessment of each individual self-insurer and group […]
§ 71-3-175. Association subject to examination; annual financial report
The individual association and group association shall be subject to examination and regulation by the commission. The board of directors of each association shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commission. The commission shall furnish the board of […]
§ 71-3-177. Association exempt from fees and taxes
The individual association and group association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions except taxes levied on real or personal property.
§ 71-3-179. Immunity from liability
Subject to Section 71-3-174, there shall be no liability on the part of and no cause of action of any nature shall arise against any individual self-insurer, any group self-insurer, association, agents and employees of an association, board of directors of an association, and the commission and its employees and representatives, or any of them, […]
§ 71-3-181. Stay of proceedings involving self-insurer in default
All proceedings in which any individual self-insurer in default or group self-insurer in default is a party before the commission or in any court in this state, on order of the commission, may be stayed for a period not to exceed six (6) months from the date of the default to permit proper defense by […]