Boteler, 012375 MSAGO, 1975-0020

• Case Date: January 23, 1975
• Court: Mississippi

Mr. E. L. Boteler, Jr. No. 1975-0020 Mississippi Attorney General Opinions January 23, 1975          Mr. E. L. Boteler, Jr.          Director          Mississippi State Highway Department          P. O. Box 1850          Jackson, Mississippi 39205          Dear Mr. Boteler:          Attorney General Summer has received your letter of request and has assigned it to me for research and reply. In your letter you state the following:

         The State Highway Department, as you are aware, is a self-insurer under the Mississippi Workmen's Compensation Act by reason of the special act of the Legislature. In addition to being covered by workmen's compensation benefits, employees accumulate sick leave and annual leave.

         I would be pleased to have your official opinion as to whether the Department can pay salary for annual and sick leave and not pay workmen's compensation benefits until such time as leave has been exhausted.          If an employee so chooses, he may take his annual and sick leave, and receive his salary therefor, previous to receiving workmen's compensation benefits. It is my opinion that this is not in conflict with the provision of Section 71-3-37(2), Mississippi Code of 1972, that the first installment payment is due on the fourteenth day after the employer has notice of the injury, as it refers tocompensation then due, and it follows that no compensation isdue...