Mississippi § 25-15-405 - Alternative benefits to workers' compensation for first responders who have completed a certain number of years of service upon diagnosis of certain cancers caused by occupational hazards [Effective July 1, 2021].

§ 25-15-405. Alternative benefits to workers' compensation for first responders who have completed a certain number of years of service upon diagnosis of certain cancers caused by occupational hazards [Effective July 1, 2021].

As an alternative to pursuing workers’ compensation benefits, upon a diagnosis of cancer, a first responder is entitled to the following benefits: Provided the diagnosis occurs on or after the first responder’s effective date of coverage, a lump-sum benefit of Thirty-five Thousand Dollars ($35,000.00) of coverage for each diagnosis payable to the first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of cancer diagnosed that the cancer was caused by an occupational hazard and that there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that either: There is metastasis, and surgery, radiotherapy or chemotherapy is medically necessary; There is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy; or The first responder has terminal cancer, his or her life expectancy is twenty-four (24) months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy. Provided the diagnosis occurs on or after the first responder’s effective date of coverage, a lump-sum benefit of Six Thousand Two Hundred Fifty Dollars ($6,250.00) for each diagnosis payable to the first responder upon acceptable proof to the insurance carrier or other payor of a diagnosis by a board-certified physician in the medical specialty appropriate for the type of cancer involved that: There is carcinoma in situ such that surgery, radiotherapy or chemotherapy has been determined to be medically necessary; There are malignant tumors which are treated by endoscopic procedures alone; or There are malignant melanomas. The combined total of benefits received by any first responder under paragraphs (a) and (b) of this subsection (1) during his or her lifetime shall not exceed Fifty Thousand Dollars ($50,000.00). Provided the date of disability occurs on or after the first responder’s effective date of coverage, a disability benefit payable as a result of a specific cancer to begin six (6) months after the date of disability and submission to the insurance carrier or other payor of acceptable proof of disability caused by the specified disease or events such that the illness precludes the first responder from serving as a first responder: For nonvolunteer first responders, a monthly benefit equal to sixty percent (60%) of the first responder’s monthly salary as an employed first responder with a fire or police department or a monthly benefit of Five Thousand Dollars ($5,000.00), whichever is less, of which the first payment shall be made six (6) months after the total disability and shall continue for thirty-six (36) consecutive monthly payments unless the first responder regains the ability to perform his or her duties as determined by reevaluation under subparagraph (iv) of this paragraph, at which time the payments shall cease the last day of the month of reevaluation; For volunteer firefighters, a monthly benefit of One Thousand Five Hundred Dollars ($1,500.00) of which the first payment shall be made six (6) months after the total disability and shall continue for thirty-six (36) consecutive monthly payments unless the first responder regains the ability to perform his or her duties as determined by reevaluation under subparagraph (iv) of this paragraph, at which time the payments shall cease the last day of the month of reevaluation; Such monthly benefit shall be subordinate to any other benefit actually paid to the first responder solely for such disability from any other source, not including private insurance purchased solely by the first responder; Any first responder receiving the monthly benefits may be required to have his or her condition reevaluated. In the event any such reevaluation reveals that such person has regained the ability to perform duties as a first responder, then his or her monthly benefits shall cease the last day of the month of reevaluation; and In the event that there is a subsequent recurrence of a disability caused by a specified cancer, which precludes the first responder from serving as a first responder, he or she shall be entitled to receive any remaining monthly payments. An eligible first responder who dies as a result of a compensable type of cancer, or circumstances arising out of the treatment of a compensable type of cancer, but does not submit sufficient proof of claim prior to the first responder’s death, is entitled to receive benefits specified in paragraphs (a) and (b) of this subsection (1) and made available to the deceased first responder’s beneficiary or beneficiaries. Any first responder who was simultaneously a member of more than one (1) fire or police department at the time of diagnosis shall not be entitled to receive benefits from or on behalf of more than one (1) fire or police department. The first responder’s primary place of employment shall maintain coverage for the eligible first responder; and An otherwise eligible first responder shall be precluded from the benefits listed under this section if he or she has filed for workers’ compensation for the same diagnosis of cancer.