Mississippi Code

Miss. Code Ann. § 71-3-21 (2026)

Temporary partial disability

✓ current as of July 2026

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In case of temporary partial disability resulting in decrease of earning capacity, there shall be paid to the injured employee sixty-six and two-thirds percent (66-2/3%) of the difference between the injured employee's average weekly wages before the injury and his wage-earning capacity after the injury in the same or other employment, subject to the maximum limitations as to weekly benefits as set up in this chapter, payable during the continuance of such disability but in no case exceeding four hundred fifty (450) weeks or an amount greater than 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, § 6998-11; Laws, 1948, ch. 354, § 8e; Laws, 1950, ch. 412, § 6; Laws, 1958, ch. 454, § 3; Laws, 1968, ch. 559, § 6; Laws, 1972, ch. 522, § 4; Laws, 1976, ch. 459, § 3; Laws, 1979, ch. 442, § 3; Laws, 1981, ch. 341, § 3; reenacted, Laws, 1982, ch. 473, § 11; Laws, 1984, ch. 402, § 3; Laws, 1988, ch. 446, § 4; reenacted without change, Laws, 1990, ch. 405, § 11, eff. 7/1/1990.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2002–2025 · leading case: Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002).

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Howard Indus., Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002). · cites it 2× “" Miss.Code Ann. § 71-3-21 (Rev.2000). ¶ 22.”

Enmon Enter. v. Snyder, 175 So. 3d 541 (Miss. Ct. App. 2015). “1995). Benefits for temporary partial disability are payable when the employee is able to work, but is not earning full pay and is there *547 fore suffering a partial, yet temporary, decrease in wage[-]earning capacity.”

Mueller Indus., Inc. & Stonington Ins. Co. v. Shannon Waits (Miss. Ct. App. 2025). · cites it 3× “” Miss. Code Ann. § 71-3-21 (Rev. 2000). (Emphasis added).”

Angela T. Lairy, Turner & Assocs., PLLC, Carolyn T. Karriem & the Est. of Bennie L. Turner v. Lori Chandler (Miss. Ct. App. 2021). · cites it 2× “2012) (compensation for temporary total disability); Miss. Code Ann. § 71-3-21 (Rev. 2011) (compensation for temporary partial disability).”

Angela T. Lairy, Turner & Assocs., PLLC, Carolyn T. Karriem & the Est. of Bennie L. Turner v. Lori Chandler (Miss. 2022). “2021) (compensation for temporary total disability); Miss. Code Ann. § 71-3-21 (Rev. 2021) (compensation for temporary partial disability).”

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