Mississippi Code
Miss. Code Ann. § 71-3-43 (2024)
Assignment and exemption from claims of creditors
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid; and such compensation and benefits shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may be waived. This section prevails over Sections 75-9-406 and 75-9-408 of Article 9 of the Uniform Commercial Code to the extent, if any, that these sections may otherwise be applicable.
Codes, 1942, § 6998-22; Laws, 1948, ch. 354, § 16; reenacted without change, Laws, 1982, ch. 473, § 22; reenacted without change, Laws, 1990, ch. 405, § 23; Laws, 2001, ch. 495, § 23, eff. 1/1/2002.
Notes of Decisions
Cited in 3
cases, 1986–2003 · leading case: Green v. State, 631 So. 2d 167 (Miss. 1994).
Green v. State, 631 So. 2d 167 (Miss. 1994). “First, Miss. Code Ann. § 71-3-43 (1972), provides that workers' compensation is exempt from all creditors' claims and from levy, execution, attachment or other remedy for recovery of a debt.”
Goodman v. Coast Materials Co., 858 So. 2d 923 (Miss. Ct. App. 2003). “at 477 , quoting Miss.Code Ann. § 71-3-43 (1972). ¶ 31. We have the reverse.”
Ward v. Royal Ins. Co. of Am., 662 F. Supp. 1079 (S.D. Miss. 1986). “The plaintiff next argues that any release which purports, in connection with a lump sum settlement of a workers’ compensation claim, to discharge anything more than an employer’s liability for workers’ compensation benefits is invalid under Miss.Code Ann. § 71-3-43 (1972). This…”
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