Mo. Rev. Stat. ch. 287 – Workers' Compensation Law | Midpage

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Revised Statutes of Missouri

Chapter 287

Mo. Rev. Stat. ch. 287

Workers' Compensation Law

287.010Citation of law 287.020Definitions — intent to abrogate earlier case law 287.021Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined 287.030Employer defined 287.035Partners, sole proprietors may elect to receive benefits for themselves — employees, effect — insurer's liability — intent of law — withdrawal of employee from coverage, procedure 287.037Member of limited liability company to receive coverage, rejection of coverage, rescission of rejection — S corporation, certain shareholders may elect or reject coverage 287.040Liability of employer — contractors, subcontractors 287.041For-hire motor carrier not an employer of a lessor — definition 287.043Abrogation of case law regarding definition of owner 287.060Employers and employees affected by this act 287.061Occupational or business license for construction contractors, city or county — duty to require proof of workers' compensation coverage, when, effect 287.063Occupational diseases, presumption of exposure — last employer liable — statute of limitations, starts running, when 287.067Occupational disease defined — repetitive motion, loss of hearing, radiation injury, communicable disease, others — posttraumatic stress disorder (PTSD)287.070Occupational diseases directly related to cleanup of an illegal drug manufacturing lab 287.090Exempt employers and occupations — election to accept — withdrawal — notification required of insurance companies 287.100Legislative intent relative to other laws expressed 287.110Scope of chapter as to injuries and diseases covered 287.120Liability of employer set out — compensation increased or reduced, when — use of alcohol or controlled substances or voluntary recreational activities, injury from — effect on compensation — mental injuries, requirements, firefighter stress not affected 287.123Insurers to establish safety engineering and management services program — requirements — division to maintain registry 287.124Department of labor and industrial relations, certification of employer safety programs, when 287.126Toll-free telephone number for workers' compensation information, division to establish 287.127Notice, employer to post, contents — division to develop, distribute, and publish notice, when — penalty 287.128Unlawful acts, penalties — fraud or noncompliance, complaint may be filed, effect — fraud and noncompliance unit established, purpose, confidentiality of records — annual report, contents 287.129False billing practices of health care provider, defined, effect — department of commerce and insurance, powers — penalty 287.130Employer's liability joint and several — contribution allowable 287.135Managed care services, department to establish program to certify organizations, procedures — effect on fees and services 287.140Employer to provide medical and other services, transportation, artificial devices, reactivation of claim — duties of health care providers — refusal of treatment, effect — medical evidence — division, commission responsibilities — notice to health care provider of workers' compensation claim, contents, effect — use of employee leave time 287.141Physical rehabilitation, defined, division of workers' compensation to administer — procedure 287.143Vocational rehabilitation services, not mandatory — testing and assessment 287.144Definitions 287.145Rehabilitation practitioners, providers, certification of, how 287.146Employee authorized to receive vocational rehabilitation, when — duties of director 287.148Loss of suitable, gainful employment, how determined — severe injury, defined — plan, duration, costs allowed 287.149Benefits to be paid, when — reduction of benefits, when 287.150Subrogation to rights of employee or dependents against third person, effect of recovery — construction design professional, immunity from liability, when, exception — waiver of subrogation rights on certain contracts void, employer's lien on subrogation recovery, when — third party liability, subrogation, effect on 287.160Waiting period — compensation, how paid — interest, how computed — not credit to employer for wages or benefits paid, exception 287.170Temporary total disability, amount to be paid — method of payment — disqualification, when — post injury misconduct defined — benefits not payable, when 287.180Temporary partial disability, amount to be paid — method of payment 287.190Permanent partial disability, amount to be paid — permanent partial disability defined — permanent total and partial total disability require certification by physician on compensability — award reduced when 287.195Claims for hernia, proof required 287.197Occupational deafness — tests, claims, awards, liability of employer, effect of hearing aid 287.200Permanent total disability, amount to be paid — suspension of payments, when — toxic exposure, treatment of claims 287.203Termination of compensation by employer, employee right to hearing — assessment of costs 287.210Physical examination of employee — exchange of medical records — admissibility of physician's, coroner's records — autopsy may be ordered 287.215Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence — statement, what is not to be included 287.220Compensation and payment of compensation for disability — second injury fund created, services covered, actuarial studies required — failure of employer to insure, penalty — records open to public, when — concurrent employers, effect — priority of payment of liabilities of fund, exceptions 287.223Missouri mesothelioma risk management fund created — definitions — issuance of payments, when — board of trustees, appointment, meetings, duties 287.230Payment of compensation at death of employee — exceptions — abrogation of case law 287.240Death benefits and burial expenses, amount, to whom paid and when paid — dependent defined — death benefits, how distributed — record of dependents, employer to keep — dependents to report to division, procedure 287.241Death benefits, inconsistent with section 287.240, when 287.243Line of duty compensation — definitions — claim procedure — distribution — no subrogation rights for employers or insurers — grievance procedures — sunset date — fund created, use of moneys — rulemaking authority 287.245Volunteer firefighters, grants for workers' compensation insurance premiums — or critical illness benefits pool 287.250Compensation, computation of — average weekly wage, division or commission may determine, when — additional compensation for persons under twenty-one, when — multiple employers, computation of coverage — weekly wage — compromise settlement 287.252Cafeteria plan payroll deductions, not to reduce computation of employee compensation 287.253Monetary bonus, effect on benefits 287.260Compensation to have priority — not assignable — exceptions 287.266Payments made to public assistance recipients to be a debt due state, recovery by state — attorney's fees — assignment of rights — apportionment by judge, when 287.270Benefits from other sources no bar to compensation, exception, professional athletes 287.280Employer's entire liability to be covered, self-insurer or approved carrier — exception — group of employers may qualify as self-insurers, requirements — rules — confidential records 287.282Employee leasing arrangements, coverage required 287.290Employee not to pay cost of insurance 287.300Employer's liability primary or secondary — notice and service, when sufficient 287.310Policies to be approved by department — deductible plans authorized, requirements 287.335Determinations review board, created, purpose — code classifications, classification system, review of, duties 287.340Insurance companies must keep reserve 287.350Insurance companies to make report 287.360Director may suspend or revoke permits and ask for a receiver 287.370Compensation in lieu of insurance, how provided 287.380Employer or insurer to make report to division, requirements — information not to be disclosed — failure to report, penalty 287.390Compromise settlements, how made — validity, effect, settlement with minor dependents — employee entitled to one hundred percent of offer, when — maximum medical improvement, rating from second physician, when 287.400Accident — duty of division — employer 287.410Powers and functions of the division of workers' compensation 287.420Written notice of injury to be given to employer — exceptions 287.430Limitation as to action, exception 287.440Limitation begins to run, when 287.450Failure to agree on compensation — division to hold hearings 287.460Division hearings, findings sent to parties and insurer — mediation services, division to establish procedures, requirements 287.470Commission may review and change award 287.480Application for review, time limit — when deemed filed — bond required, when 287.490Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising before August 13, 1980 287.495Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980 287.500Circuit court may act upon memorandum — procedure 287.510Temporary or partial awards may be made 287.520Notice — manner of serving 287.530Commission or division may commute compensation, when and how 287.540Compensation commuted — funds, how paid out 287.550Proceedings before commission to be informal and summary 287.560Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid 287.570Contempt — penalty 287.580Death, pending proceedings — action shall not abate 287.590Division may be sued — official seal 287.600Oath of office 287.610Additional administrative law judges, appointment and qualification, limit on number — annual evaluations — review committee, retention vote — jurisdiction, powers — continuing training required — performance audits required — rules 287.615Employees of division — compensation — selection 287.620Attorney general legal adviser 287.630Forms, other material furnished by commission and division 287.640Necessary offices to be provided, where — salaries — traveling expenses, how paid — hearings, where held 287.642Public information programs, division to establish 287.650Division to make rules and regulations — power to destroy reports, when — rules 287.655Dismissal of claims, when, how, effect 287.660Fees 287.670No fees for services of public officers 287.680Annual report to governor 287.690Premium tax on insurance carriers, purpose, rate, how determined 287.700Returns delinquent — duty of director 287.710Tax returns — payments — use of proceeds — funds and interest not to lapse 287.713Director, report of expenditures 287.715Annual surcharge required for second injury fund, amount, how computed, collection — violation, penalty — supplemental surcharge, amount, expiration date 287.716Surcharge on deductible plan policyholders, when, calculation of — notification of policyholders 287.717Surcharge collection, procedure — failure to pay, interest assessed, when 287.720Companies withdrawing from state liable for taxes imposed — department of revenue empowered to collect 287.730Employer carrying own risk must pay tax 287.740Compliance with provisions obligatory — penalty for violation 287.745Delinquent taxes, interest, rate — overpayment of taxes, credit 287.750Sufficiency of notice 287.760Insurance carriers exempt from other tax, when 287.780Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined 287.790Penalty not specifically provided — misdemeanor 287.800Law to be strictly construed 287.801Review of claims, by whom 287.804Waiver of compensation by employee, procedure 287.808Burden of proof 287.810Change of administrative law judge, procedure, limitations 287.811Discovery in workers' compensation cases, sections not to effect 287.812Definitions 287.813Retirement, administrative law judges and legal advisors — participation in state employees' retirement system required, when 287.815Retirement, age and service qualifications 287.820Benefits, amount, how payable — exemption from execution, certain judgment claims to be unassignable, exception — contributions to health care plan — consultants appointment, compensation, annual increases, how computed 287.825Death of member before or after retirement — benefits of beneficiaries 287.830Retirement with less than twelve years service — benefits 287.835Removal from office bars benefits — intentional killing of administrative law judge or legal advisor bars survivor benefits, when 287.840Practice of law after retirement — restrictions 287.845Administration of retirement system and funds 287.846Retirement benefit plan exclusive, exception — transfer of funds from other system 287.850Life insurance benefits 287.855Disability benefits 287.856Administrative law judges and legal advisors serving in Armed Forces may elect to purchase creditable prior service — contributions, payment period — surviving spouse may receive refund 287.860Guaranty association, created, all self-insured to be members — powers — withdrawing member, duties 287.862Board of directors, members, appointment, qualifications — director to be member — terms, vacancies — expense reimbursement 287.865Moneys not deemed state moneys — use of funds — reports to director, when — additional powers of corporation — assessments, division shall levy, amount — no dividends to be paid — bankruptcy, dissolution, or insolvency of self-insured member, procedure 287.867Insolvency fund, created — purposes, audit of 287.870Plan of operation, submitted to division, when — purpose, contents — effective, when 287.872Powers and duties of division 287.875Assignment of recovery rights to corporation, when — receiver or liquidator, rights — corporation to file statements with receiver, when 287.877Insolvent member, board may determine, how — notice to division, when 287.880Liability, limitation of 287.882Automatic stay of proceedings, when, duration 287.885Limitations on actions 287.886Severability clause 287.892Workers' compensation insurers to report cost data to department 287.894Insurers to report medical claims data to division of workers' compensation, contents — consolidated health plan, duties — purpose — costs — penalty for failure to comply 287.896Residual market, department to develop plan — insurers to participate, rates, procedures — duties of director 287.921Conversion of Missouri employers mutual insurance company to a private mutual insurance corporation, when — procedure 287.922Effective date 287.930Definitions 287.932Act not applicable, when — unfair trade practices, when 287.935Insurer and advisory organization not to make agreement restraining trade — insurer must use uniform experience rating plan — exceptions 287.937Director may conduct examinations — insurer and advisory organizations to maintain records, purpose — cost of examination — outstate examination may be accepted 287.940Penalties for violations, director may impose — each day a separate violation, when — license may be suspended or revoked, when 287.942Competitive market presumed to exist, when — reasonable degree of competition, factors 287.945Director to monitor degree of competition, purpose 287.947Insurers to file rate information in competitive market with the director, purpose — noncompetitive market, information filed — form of filing — public inspection 287.950Competitive market, rates not to be excessive, inadequate, unfairly discriminatory 287.952Rate standards in noncompetitive market, factors 287.955Insurers to adhere to uniform classification system, plan — director to designate advisory organization, purpose, duties — risk premium modification plan, requirements 287.957Experience rating plan, contents 287.960Disapproval of rate, when, how — procedures, director's powers — effect 287.962Hearings, when, conduct of — findings made, when — right to judicial determination 287.965Aggrieved party may file application with director, hearing held, when — findings, effect of 287.967Advisory organization must obtain license, restrictions — license, application — designation of by director, duration 287.970Advisory organization not to file rates on behalf of insurer, exception 287.972Advisory organization's permitted activities — director may allow pure premium rate data to be distributed 287.975Pure premium rate, schedule of rates, filed with director, when — payroll differential, advisory organization to collect data, when, purpose — construction group, submission to advisory organization