Mississippi Code, Volume 15

2011·41.2 MB·English

by  State of Mississippi

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TABLE OF CONTENTS
VOLUME
15
TITLE 71
LABORAND INDUSTRY
BEGINNING
CHAP. SECTION
1. Employer and Employee 71-1-1
3. Workers'Compensation , 71-3-1
5. Unemployment Compensation 71-5-1
7. Drug andAlcohol Testing ofEmployees 71-7-1
9. Medical SavingsAccountAct 71-9-1
11. Employment ProtectionAct 71-11-1

Digitized by the Internet Archive
2013
in
http://archive.org/details/govlawmscode197215
CODE
MISSISSIPPI
1972
ANNOTATED
ADOPTEDAS THE OFFICIALCODE OFTHE
STATE OFMISSISSIPPI
BYTHE
1972 SESSION OFTHE LEGISLATURE
VOLUME FIFTEEN
LABOR AND INDUSTRY
§§ 71-1-1 to 71-11-3
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
TO THE END OF THE 2011 REGULAR LEGISLATE SESSION
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PREFACE
The Mississippi Code of 1972, which became effective on November 1,
1973, is the culmination of nearly four years of effort on the part of the
Legislature, the Attorney General's office and the publishers, which brings
together provisions ofgeneral statutory law having a common subject matter
into a more orderly and logical framework of code titles and chapters, and
employing a modern and effective section numbering system. A major by-
product ofthe code revision will be the state-owned magnetic computer tape
containingthe Mississippi Code of1972, whichwill be ofinvaluable assistance
to the Legislature and to the state.
The enabling act for the code was a recommendation of the Mississippi
State Bar, whichresultedinthe consideration andpassageofSenate Bill 1964,
Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams.
The Code Committee provided for in that act was comprised of A. F.
Summer, Attorney General, Heber Ladner, Secretary ofState, Representative
Edgar J. Stephens, Jr., Chairman, HouseAppropriations Committee, Senator
William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre-
sentative H. L. Meredith, Jr., Chairman, House Judiciary"A"andJudiciary en
banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and
Judiciary en banc Committees, Representative Ney McKinley Gore, Jr.,
Chairman, HouseJudiciary"B"Committee, andSenatorWilliam E.Alexander,
Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby
Robert Penton and Senator Herman B. Decell, Chairman ofHouse and Senate
Judiciary "B" Committees, respectively, became members of the Committee,
replacing Representative Gore and Senator Collins, SenatorAlexanderhaving
been appointed ^Chairman of Senate Judiciary "A" and Judiciary en banc
Committees. The DeputyAttorney General, Delos H. Burks, served the Code
Committee as Secretary. SpecialAssistantAttorneyGeneral FredJ. Lotterhos,
under the supervision of the Attorney General, was assigned the principal
responsibility for the supervision ofthe recodification, including the consider-
ation and treatment ofsome 16,000 sections ofcode manuscript.
Final legislative approval was given to the Mississippi Code of 1972 by
passage of Senate Bill 2034, Laws of 1972, which was signed by Governor
William L. Waller onApril 26, 1972. A copy ofthat act is set out in Volume 1,
following the Publisher's Foreword.
The Code Committee is of the opinion that the recodification has been
thoroughly and well accomplished, and will result in a greatly improved
repository ofthe general statutory law ofthe state.
A. F. Summer
Attorney General
hi

PUBLISHER'S FOREWORD
This 2011 Replacement Volume 15 of the Mississippi Code of 1972
Annotated, represents material appearing in the original 1973 Volume 15A
and the 2000 Replacement Volume 15, and reflects amendments, repeals, and
new Code provisions enacted by the Mississippi Legislature through the 2011
Regular Session.
This volume contains the text ofTitle 71, ofthe Mississippi Code of 1972
Annotated, as amended through the 2011 Regular Legislative Session.
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Many ofthese cases were decided under
the former statutes in effect prior to the enactment ofthe Code of1972. These
earlier cases have been moved to pertinent sections of the Code where they
may be useful in interpreting the current statutes. Annotations to collateral
research references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sourcesthatarereadto create annotationsforthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. Aconsequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecentcases annotatedmaynotyethaveprintreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Courtandthe CourtofAppealswithdecisiondates uptoAugust
17, 2010, and decisions ofthe appropriate federal courtswithdecision dates up
to May 27, 2010. These cases will be printed in the following reporters:
Southern Reporter, 3rd Series
United State's Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series
American Law Reports, Federal Series
Mississippi College Law Review
Mississippi Law Journal
Finally, published Opinions of the Attorney General and opinions ofthe
Ethics Commission have been examined for annotations.
A comprehensive Index appears at the end ofthis volume.
Visit the LexisNexis website at http://www.lexisnexis.com for an online
bookstore, technical support, customer support, and other company informa-
tion.
Publisher's Foreword
For further information or assistance, please call us toll-free at (800)
833-9844, fax us toll-free at [phone], e-mail us at
[email protected], or write to: Mississippi Code Editor,
LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389.
August 2011 LexisNexis
VI