PURPOSE: This rule states the policy of the commission on continuances of hearing, attorney fees and agreements or contracts for settlements.

1. (1) Continuance. Continuances or further hearings are not favored by the commission. The parties are expected to submit all matters in controversy for decision at a single hearing before the commission. The parties cannot agree to a continuance of any case set for hearing before the commission without the consent of the commission. The purpose of the Workers’ Compensation Law is to give a speedy determination of the rights of the employee.

2. (2) Attorney Fees.

   1. (A) All attorney fees to be charged the employee for the prosecution of the employee’s claim for compensation, including compromise settlements of the employee’s claims, shall be submitted to the commission or to the administrative law judge for approval, depending upon whether the commission or the division has jurisdiction of the claim at the time the final award is issued.
   2. (B) The limitation as to fees shall apply to the combined charges of attorneys who knowingly combine their efforts towards the enforcement or collection of any compensation claim.
   3. (C) No attorney fee shall be received or charged for services rendered in connection with a lump sum advance payment, or an agreement to compromise and settle liability, without the approval of the commission or the administrative law judge, as the case may be.
3. (3) Compromise Settlements. All agreements or contracts for settlement that provide for the payment of less than the full amount of compensation due or to become due, and which undertake to release the employer from all 8 CSR 20-3

further liability, will be approved by the commission only where it appears that a reasonable doubt exists as to liability and as to the rights of parties, and that approval would be for the best interest of the parties. All compromise and contracts for settlement must conform strictly to the requirements of section 287.390, RSMo.

1. (4) Every compromise agreement or contract for settlement, in addition to the requirements of section 287.390, RSMo, shall be accompanied by—

   1. (A) A statement or stipulation agreed to by the parties which would contain the facts upon which they are in agreement;
   2. (B) The claims, facts or findings, or both, which are in dispute between the parties;
   3. (C) The latest medical reports in the possession of the parties bearing on the case;
   4. (D) A written statement showing whether or not the employee has returned to work and, if so, when;
   5. (E) A separate statement signed by the employee, or dependents in death cases, in which the employee would state under oath that s/he understands that by agreeing to the settlement that s/he is forever closing out this present claim under the Missouri Workers’ Compensation Law; that s/he will receive no further compensation or medical aid by reason of this accident; that s/he understands that s/he has a right to prosecute his/her claim before the commission to a final determination; and that the award of the commission might allow him/her more or less money than is provided by the proposed settlement and that s/he requests the commission to approve the settlement;

   6. (F) Inclusion in the stipulation or agreement of the amount of compensation previously paid, weekly rate of compensation and the amount of medical aid that has been provided; and it may include the following statement: “It is agreed by all parties hereto that the filing of its document is the filing of an application for adjustment of claim on behalf of the employee, and that the commission, in its discretion, may set the matter for hearing as a regular application, reserving to the parties the right to put in issue any of the facts admitted herein; and that if hearing is held with this document used as an application, the employer-insurer shall have available to them all defenses that were available as of date of filing of this document; and that the commission may thereafter either approve the compromise agreement and settlement or disapprove same and issue findings and award after review of the evidence has been made and the matter regularly submitted for decision”; and Relations Commission

      *Original authority: 286.060, RSMo 1945, amended

   7. (G) A signature of the stipulation or con- 1947, 1980, 1995. tract by the employee, or dependent in death cases, by his/her attorney or the representative of the claimant, if any, together with a statement over their signatures as to the agreement between them as to the attorney fee they request the commission to allow the attorney for the employee and be signed by a minor claimant, the minor claimant’s parents or legal guardian and be signed by the employer-insurer or their attorney.

AUTHORITY: section 286.060, RSMo 1986.* This version of rule filed Dec. 18, 1975, effective Dec. 28, 1975. *Original authority: 286.060, RSMo 1945, amended 1947, 1980.