PURPOSE: This rule clarifies when an employee is eligible for normal disability benefits under section 104.110.1., RSMo.

1. (1) An employee will be considered disabled and eligible for normal disability benefits provided the following conditions are met:

   1. (A) The employee is found to be wholly incapable of performing the duties of his/her present position or any other position in the employee’s department for which the employee is suited; and
   2. (B) The employee has not retained or regained his/her earning capacity.
2. (2) Earning capacity as used in this rule means the employee’s ability to perform any occupation for which the employee is or may reasonably become qualified for by training, education, or experience, including a rehabilitative program, to the extent that the employee can earn at least fifty percent (50%) of his/her current annualized rate of pay for the position held by the employee on the date preceding the date of the employee’s disability.

AUTHORITY: sections 104.110, RSMo (Supp. 1995) and 104.210.2. and 536.023.3., RSMo (1994). Emergency rule filed Aug. 18, 1995, effective Aug. 28, 1995, expired Feb. 23, 1996. Original rule filed Aug. 18, 1995, effective Feb. 25, 1996. *Original authority 104.110, RSMo (1955), amended 1961, 1969, 1972, 1976, 1979, 1984, 1986, 1988; 104.210, RSMo (1955), amended 1983, 1988; and 536.023, RSMo (1975), amended 1976.