Mississippi Code
Miss. Code Ann. § 71-3-13 (2024)
Maximum and minimum recovery
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) Compensation for disability or in death cases shall not exceed sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state per week, nor shall it be less than Twenty-five Dollars ($25.00) per week except in partial dependency cases and in partial disability cases.
- (2) Maximum recovery: The total recovery of compensation hereunder, exclusive of medical payments under Section 71-3-15, arising from the injury to an employee or the death of an employee, or any combination of such injury or death, shall not exceed the multiple of four hundred fifty (450) weeks times sixty-six and two-thirds percent (66-2/3%) of the average weekly wage for the state.
Codes, 1942, § 6998-07; Laws, 1948, ch. 354, § 6b; Laws, 1950, ch. 412, § 4; Laws, 1958, ch. 454, § 2; Laws, 1960, ch. 279; Laws, 1968, ch. 559, § 4; Laws, 1972, ch. 522, § 2; Laws, 1976, ch. 459, § 1; Laws, 1979, ch. 442, § 1; Laws, 1981, ch. 341, § 1; reenacted, Laws, 1982, ch. 473, § 7; Laws, 1984, ch. 402, § 1; Laws, 1988, ch. 446, § 2; reenacted without change, Laws, 1990, ch. 405, § 7; Laws, 1992, ch. 577, § 2, eff. 5/15/1992.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1986–2022 · leading case: Nationwide Mut. Ins. Co. v. Garriga, 636 So. 2d 658 (Miss. 1994).
Nationwide Mut. Ins. Co. v. Garriga, 636 So. 2d 658 (Miss. 1994). “See Miss. Code Ann. §§ 71-3-13 to -21 (Supp. 1992).”
Wilson v. Serv. Broadcasters, Inc.(WDAM), 483 So. 2d 1339 (Miss. 1986). “Code Ann. § 71-3-25 (Supp. 1985) based on an average weekly wage of $52.”
Dulaney v. Nat'l Pizza Co., 733 So. 2d 301 (Miss. Ct. App. 1998). “Miss.Code Ann. § 71-3-13(1) (Rev.1995) & 1990 Miss.”
Sturgis v. Int'l Paper Co., 525 So. 2d 813 (Miss. 1988). “The Workers Compensation Commission (the Commission) found Stur-gis entitled to: [Permanent total disability benefits in the amount of $98.”
Stuart's, Inc. v. Brown, 543 So. 2d 649 (Miss. 1989). “[4] Payment of benefits in the maximum amount allowed under the law in the ordinary case of permanent, total disability *652 compensates the worker and her family for substantially less than half their actual pecuniary losses.”
City of Picayune v. Bennett, 724 So. 2d 1078 (Miss. Ct. App. 1998). “Miss.Code Ann. § 71-3-13(2) (Rev.1995). The remainder of Wetzel’s fee, about $10,000, would constitute a lien against the amounts already paid to his client.”
Stuart's, Inc. v. Brown, 543 So. 2d 649 (Miss. 1989). “Because of these, we know that a major portion of the worker’s quantifiable pecuniary loss (plus all of the non-pecuniary losses) will fall upon her shoulders and those of her family. 4 Payment of benefits in the maximum amount allowed under the law in the ordinary case of…”
Darryl Keys v. Military Dep't Gulfport & Mississippi State Agencies Workers' Comp. Trust, 345 So. 3d 1206 (Miss. Ct. App. 2022). “” Miss. Code Ann. § 71-3-13 (2) (Rev. 2021).”
Bradford Seafood Co. v. Alexander, 785 So. 2d 321 (Miss. Ct. App. 2001). “Miss.Code Ann. § 71-3-13(2) provides the, "Maximum and minimum recovery.”
Miss. Code Ann. § 71-3-13(1): 1 case
Dulaney v. Nat'l Pizza Co., 733 So. 2d 301 (Miss. Ct. App. 1998). “Miss.Code Ann. § 71-3-13(1) (Rev.1995) & 1990 Miss.”
Miss. Code Ann. § 71-3-13(2): 2 cases
City of Picayune v. Bennett, 724 So. 2d 1078 (Miss. Ct. App. 1998). “Miss.Code Ann. § 71-3-13(2) (Rev.1995). The remainder of Wetzel’s fee, about $10,000, would constitute a lien against the amounts already paid to his client.”
Bradford Seafood Co. v. Alexander, 785 So. 2d 321 (Miss. Ct. App. 2001). “Miss.Code Ann. § 71-3-13(2) provides the, "Maximum and minimum recovery.”
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