PURPOSE: This rule sets forth the requirements for administrative functions of the division, including acceptance and withdrawal from Chapter 287, RSMo, filing of documents, storage of documents, requests for documents, and maintenance of division records.

1. (1) Any employer exempted by section 287.090, RSMo, or any employer who is not covered by the provisions of Chapter 287, RSMo, because of section 287.030, RSMo, who desires to operate under the provisions 8 CSR 50-2

of Chapter 287, RSMo, may do so by the purchase of a workers’ compensation insurance policy evidenced by the carrier filing a proof of coverage form with the division or its designee.

1. (A) An employer who has elected to be covered under the provisions of Chapter 287, RSMo, may elect to withdraw that election by filing with the division, or its designee, on a form prescribed by the division.
2. (B) Employers that meet the statutory exception for two (2) owner corporations set out in section 287.090.5, RSMo, may elect to withdraw from coverage under Chapter 287, RSMo, by filing an election to withdraw with the division, or its designee, on a form prescribed by the division.

1. (2) Any forms filed with the division under any statutory provision or rule that do not meet division standards for filing based on completeness or legibility for imaging will be returned.
2. (3) Transcripts for cases on appeal and other division duties performed by court reporters shall have priority over requests for transcripts in cases not on appeal. Requests for transcripts not on appeal will be prepared by the court reporter that recorded the hearing after all other duties are performed. Requests for parts of transcripts already prepared will not be accepted and in such cases the entire transcript must be purchased at the rate set out in this section.

3. (4) All requests for copies of documents or other records must be in writing. The following standards will be used to determine if documents can be produced.

   1. (A) The Claim for Compensation, Answer to Claim for Compensation, Compromise Settlement, Award and Minute Sheet forms may be obtained by written request. These documents are considered open records.
   2. (B) The Report of Injury and subsequent medical reports are considered closed records pursuant to section 287.380.4, RSMo. To obtain closed records the requesting person must be a party to the workers’ compensation case or an attorney who has filed an entry of appearance representing a party. The requesting person may receive copies of records of prior cases in which the requesting person was also a party to the prior case.
   3. (C) Written requests must state the requesting party’s relationship to the case as employee, employer, insurer, or attorney for the employee, employer/insurer or the Second 8CSR 50-2—LABOR & IND. RELATIONS

Injury Fund. The request must state specifically which documents are being requested. The following information must be provided when available:

1. 1. Employee’s name;
2. 2. Employee’s Social Security number;
3. 3. Missouri Division of Workers’

Compensation injury number;

1. 4. Date of injury; and
2. 5. Employer’s name.
3. (D) Other documents and information may be obtained by a written request. Each request will be evaluated to determine if any requested documents or information are confidential. The division will supply information for all nonconfidential requests.
4. (E) Documents and other records will be provided in response to a Subpoena Duces Tecum or Release of Information form signed by the employee.
5. (F) The division will charge for copies of documents and any specific or general statistical information and certification of documents according to a policy statement establishing fees for these services published by the division. The division shall review this on an annual basis.

1. (5) The following documents can be submitted for electronic processing: any form required by the division; medical reports that are relevant to the case; and correspondence and notices relevant to the case. Depositions and medical records cannot be submitted for processing. Any document submitted as an exhibit at a hearing will be included in the record.

   1. (A) Division forms must be submitted as an original document. Other documents submitted must be the original or where the original is unavailable, a clear, legible photocopy will be accepted. Handwritten documents will only be accepted if clearly written in black ink. Facsimiles will not be accepted for electronic processing. A minimum font size of ten (10) points is required for any computer generated form.
   2. (B) Any required division form for which any party creates a computer generated form must be approved by the division before such documents may be used or filed.
   3. (C) The division will accept required information by electronic filing. Any party who desires to file information electronically must receive approval from the division and must comply with all division standards for the electronic filing of information. To obtain approval for electronic filing, a party must contact the division and meet all current standards.
   4. (D) The division and the Labor and Industrial Relations Commission will accept up to and including five (5) pages by facsimile. This provision does not affect subsection

2. (A) of this section prohibiting facsimiles of documents for electronic processing.

   1. (E) Any document stored electronically by the division shall be considered an original document and when reproduced in paper form shall be acceptable for all legal purposes. All documents submitted on or after January 1, 1994, for injuries occurring after that date, will be processed and stored electronically.
   2. (F) The division shall have the discretion after five (5) years to destroy Reports of Injuries filed in which no compensation, exclusive of medical costs, was due or paid, together with the papers attendant to the filing of such reports. The division shall have the discretion after ten (10) years from the date of the termination of compensation to destroy records in compensable cases.

AUTHORITY: section 287.650, RSMo Supp. 1997.* Original rule filed Dec. 23, 1953, effective Jan. 3, 1954. Amended: Filed Jan. 15, 1960, effective Jan. 26, 1960. Amended: Filed Sept. 4, 1963, effective Sept. 15, 1963. Amended: Filed Aug. 26, 1975, effective Sept. 5, 1975. Rescinded and readopted: Filed May 29, 1998, effective Feb. 28, 1999.

*Original authority 1939, amended 1949, 1961, 1980, 1993, 1995.