Chapter 287 - Workers' Compensation Law

Sections

(View Entire Chapter) August 28, 2008

287.010.	Citation of law.
287.020.	Definitions--intent to abrogate earlier case law.
287.021.	Sheriffs and deputy sheriffs to be covered by workers' compensation--average earnings defined.
287.030.	Employer defined.
287.035.	Partners, sole proprietors may elect to receive benefits for themseles--employees, effect--insurer's liability--intent of law--withdrawal of employee from coverage, procedure.
287.037.	Member of limited liability company to receive coverage, rejection of coverage, recission of rejection.
287.040.	Liability of employer--contractors, subcontractors.
287.041.	For-hire motor carrier not an employer of a lessor--definition.
287.043.	Abrogation of case law regarding definition of owner.
287.060.	Employers and employees affected by this act.
287.061.	Occupational or business license for construction contractors, city or county--duty to require proof of workers' compensation coverage, when, effect.
287.063.	Occupational diseases, presumption of exposure--last employer liable--statue of limitations, starts running, when
287.067.	Occupational disease defined--repetitive motion, loss of hearing, radiation injury, communicable disease, others.
287.070.	Occupational diseases directly related to cleanup of an illegal drug manufacturing lab.
287.090.	Exempt employers and occupations--election to accept--withdrawal--notification required of insurance companies. l
287.100.	Legislative intent relative to other laws expressed.
287.110.	Scope of chapter as to injuries and diseases covered.
287.120.	Liability 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.
287.123.	Insurers to establish safety engineering and management services program--requirements--division to maintain registry.
287.124.	Department of labor and industrial relations, certification of employer safety programs, when.
287.126.	Toll-free telephone number for workers' compensation information, division to establish.
287.127.	Notice, employer to post, contents--division to provide notice, when--penalty.
287.128.	Unlawful acts, penalties--fraud or noncompliance, complaint may be filed, effect--fraud and noncompliance unit established, purpose, confidentiality of records--annual report, contents.
287.129.	False billing practices of health care provider, defined, effect--department of insurance, financial institutions and professional registration, powers--penalty.
287.130.	Employer's liability joint and several--contribution allowable.
287.135.	Managed care services, department to establish program to certify organizations, procedures--effect on fees and services.
287.140.	Employer to provide medical and other services, transportation, artificial devices, reactivaiton 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.
287.141.	Physical rehabilitation, defined, division of workers' compensation to administer--procedure.
287.143.	Vocational rehabilitation services, not mandatory--testing and assessment.
287.144.	Definitions.
287.145.	Rehabilitation practitioners, providers, certification of, how.
287.146.	Employee authorized to receive vocational rehabilitation, when--duties of director.
287.148.	Loss of suitable, gainful employment, how determined--severe injury, defined--plan, duration, costs allowed.
287.149.	Benefits to be paid, when--reduction of benefits, when.
287.150.	Subrogation 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.
287.160.	Waiting period--compensation, how paid--interest, how computed--not credit to employer for wages or benefits paid, exception.
287.170.	Temporary total disability, amount to be paid--method of payment--disqualification, when--post injury misconduct defined.
287.180.	Temporary partial disability, amount to be paid--method of payment.
287.190.	Permanent 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.
287.195.	Claims for hernia, proof required.
287.197.	Occupational deafness--tests, claims, awards, liability of employer, effect of hearing aid.
287.200.	Permanent total disability, amount to be paid--suspension of payments, when.
287.203.	Termination of compensation by employer, employee right to hearing--assessment of costs.
287.210.	Physical examination of employee--exchange of medical records--admissibility of physician's, coroner's records--autopsy may be ordered.
287.215.	Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence--statement, what is not to be included.
287.220.	Compensation 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.
287.230.	Payment of compensation at death of employee--exceptions--abrogation of case law.
287.240.	Death 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.
287.241.	Death benefits, inconsistent with section 287.240, when.
287.250.	Compensation, 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.
287.252.	Cafeteria plan payroll deductions, not to reduce computation of employee compensation.
287.253.	Monetary bonus, effect on benefits.
287.260.	Compensation to have priority--not assignable--exceptions.
287.266.	Payments made to public assistance recipients to be a debt due state, recovery by state--attorney's fees--assignment of rights--apportionment by judge, when.
287.270.	Benefits from other sources no bar to compensation, exception, professional athletes.
287.280.	Employer's entire liability to be covered, self-insurer or approved carrier--exception--group of employers may qualify as self-insurers--uniform experience rating plan--failure to insure, effect--rules--confidential records.
287.282.	Employee leasing arrangements, coverage required.
287.290.	Employee not to pay cost of insurance.
287.300.	Employer's liability primary or secondary--notice and service, when sufficient.
287.310.	Policies to be approved by department--deductible plans authorized, requirements.
287.335.	Determinations review board, created, purpose--code classifications, classification system, review of, duties.
287.340.	Insurance companies must keep reserve.
287.350.	Insurance companies to make report.
287.360.	Director may suspend or revoke permits and ask for a receiver.
287.370.	Compensation in lieu of insurance, how provided.
287.380.	Employer or insurer to make report to division, requirements--information not to be disclosed--failure to report, penalty.
287.390.	Compromise settlements, how made--validity, effect, settlement with minor dependents--employee entitled to one hundred percent of offer, when.
287.400.	Accident--duty of division--employer.
287.410.	Powers and functions of the division of workers' compensation.
287.420.	Written notice of injury to be given to employer--exceptions.
287.430.	Limitation as to action, exception.
287.440.	Limitation begins to run, when.
287.450.	Failure to agree on compensation--division to hold hearings.
287.460.	Division hearings, findings sent to parties and insurer--mediation services, division to establish procedures, requirements.
287.470.	Commission may review and change award.
287.480.	Application for review, time limit--when deemed filed--bond required, when.
287.490.	Final award conclusive unless an appeal is taken--grounds for setting aside--disputes governed by this section, claims arising before August 13, 1980.
287.495.	Final award conclusive unless an appeal is taken--grounds for setting aside--disputes governed by this section, claims arising on or after August 13, 1980.
287.500.	Circuit court may act upon memorandum--procedure.
287.510.	Temporary or partial awards may be made.
287.520.	Notice--manner of serving.
287.530.	Commission or division may commute compensation, when and how.
287.540.	Compensation commuted--funds, how paid out.
287.550.	Proceedings before commission to be informal and summary.
287.560.	Division or commission may administer oaths, issue process, take depositions--depositions may be taken by electronic means--costs, how paid.
287.570.	Contempt--penalty.
287.580.	Death, pending proceedings--action shall not abate.
287.590.	Division may be sued--official seal.
287.600.	Oath of office.
287.610.	Additional administrative law judges, appointment and qualification, limit on number--annual evaluations--performance audit standards, review committee, retention vote--jurisdiction, powers--continuing training required--performance audits required--rules.
287.615.	Employees of division--compensation--selection.
287.616.	(Repealed L. 2005 S.B. 1 & 130 § A)
287.620.	Attorney general legal adviser.
287.630.	Forms, other material furnished by commission and division.
287.640.	Necessary offices to be provided, where--salaries--traveling expenses, how paid--hearings, where held.
287.642.	Public information programs, division to establish.
287.650.	Division to make rules and regulations--power to destroy reports, when--rules.
287.655.	Dismissal of claims, when, how, effect.
287.660.	Fees.
287.670.	No fees for services of public officers.
287.680.	Annual report to governor.
287.690.	Premium tax on insurance carriers, purpose, rate, how determined--use of funds for employers mutual insurance company, purpose.
287.700.	Returns delinquent--duty of director.
287.710.	Tax returns--payments--use of proceeds--funds and interest not to lapse.
287.713.	Director, report of expenditures.
287.715.	Annual surcharge required for second injury fund, amount, how computed, collection--violation, penalty.
287.716.	Surcharge on deductible plan policyholders, when, calculation of--notification of policyholders.
287.717.	Surcharge collection, procedure--failure to pay, interest assessed, when.
287.720.	Companies withdrawing from state liable for taxes imposed--department of revenue empowered to collect.
287.730.	Employer carrying own risk must pay tax.
287.740.	Compliance with provisions obligatory--penalty for violation.
287.745.	Delinquent taxes, interest, rate--overpayment of taxes, credit.
287.750.	Sufficiency of notice.
287.760.	Insurance carriers exempt from other tax, when.
287.780.	Discrimination because of exercising compensation rights prohibited--civil action for damages.
287.790.	Penalty not specifically provided--misdemeanor.
287.800.	Law to be strictly construed.
287.801.	Review of claims, by whom.
287.804.	Waiver of compensation by employee, procedure.
287.808.	Burden of proof.
287.810.	Change of administrative law judge, procedure, limitations.
287.811.	Discovery in workers' compensation cases, sections not to effect.
287.812.	Definitions.
287.813.	Retirement, administrative law judges and legal advisors--participation in state employees' retirement system required, when.
287.815.	Retirement, age and service qualifications.
287.820.	Benefits, 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.
287.825.	Death of member before or after retirement--benefits of beneficiaries.
287.830.	Retirement with less than twelve years service--benefits.
287.835.	Removal from office bars benefits--intentional killing of administrative law judge or legal advisor bars survivor benefits, when.
287.840.	Practice of law after retirement--restrictions.
287.845.	Administration of retirement system and funds.
287.846.	Retirement benefit plan exclusive, exception--transfer of funds from other system.
287.850.	Life insurance benefits.
287.855.	Disability benefits.
287.856.	Administrative law judges and legal advisors serving in armed forces may elect to purchase creditable prior service--contributions, payment period--surviving spouse may receive refund.
287.860.	Guaranty association, created, all self-insured to be members--powers--withdrawing member, duties.
287.862.	Board of directors, members, appointment, qualifications--director to be member--terms, vacancies--expense reimbursement.
287.865.	Moneys 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 on self-insured member, procedure.
287.867.	Insolvency fund, created--purposes, audit of.
287.870.	Plan of operation, submitted to division, when--purpose, contents--effective, when.
287.872.	Powers and duties of division.
287.875.	Assignment of recovery rights to corporation, when--receiver or liquidator, rights--corporation to file statements with receiver, when.
287.877.	Insolvent member, board may determine, how--notice to division, when.
287.880.	Liability, limitation of.
287.882.	Automatic stay of proceedings, when, duration.
287.885.	Limitations on actions.
287.886.	Severability clause.
287.892.	Workers' compensation insurers to report cost data to department.
287.894.	Insurers to report medical claims data to division of workers' compensation, contents--consolidated health plan, duties--purpose--costs--penalty for failure to comply.
287.896.	Residual market, department to develop plan--insurers to participate, rates, procedures--duties of director.
287.900.	Citation of law--definitions.
287.902.	Missouri employers mutual insurance company, created, powers, purpose.
287.905.	Board, created--members, appointment, qualifications, terms--chairman.
287.907.	Administrator, hiring of, qualifications, compensation--powers of board, generally.
287.909.	Administrator, duties of, bond required--immunity from liability, board and employees.
287.910.	Rates, board to determine, how.
287.912.	Investment policy, board to determine--administrator to make investments, how.
287.915.	Agents may sell policies, commissions.
287.917.	Workplace safety program, administrator to formulate--safety plan, contents--rates may be reduced, when.
287.919.	Company not to receive state appropriation, exception--revenue bonds, authorization, terms, execution, procedures.
287.920.	Audit required, when, procedure--report, contents, governor and general assembly to receive--administrator to formulate budget--department, duties--subscribers to be provided policy, when.
287.930.	Definitions.
287.932.	Act not applicable, when--unfair trade practices, when.
287.935.	Insurer and advisory organization not to make agreement restraining trade--insurer must use uniform experience rating plan--exceptions.
287.937.	Director may conduct examinations--insurer and advisory organizations to maintain records, purpose--cost of examination--outstate examination may be accepted.
287.940.	Penalties for violations, director may impose--each day a separate violation, when--license may be suspended or revoked, when.
287.942.	Competitive market presumed to exist, when--reasonable degree of competition, factors.
287.945.	Director to monitor degree of competition, purpose.
287.947.	Insurers to file rate information in competitive market with the director, purpose--noncompetitive market, information filed--form of filing--public inspection.
287.950.	Competitive market, rates not to be excessive, inadequate, unfairly discriminatory.
287.952.	Rate standards in noncompetitive market, factors.
287.955.	Insurers to adhere to uniform classification system, plan--director to designate advisory organization, purpose, duties.
287.957.	Experience rating plan, contents.
287.960.	Disapproval of rate, when, how--procedures, director's powers--effect.
287.962.	Hearings, when, conduct of--findings made, when--right to judicial determination.
287.965.	Aggrieved party may file application with director, hearing held, when--findings, effect of.
287.967.	Advisory organization must obtain license, restrictions--license, application--designation of by director, duration.
287.970.	Advisory organization not to file rates on behalf of insurer, exception.
287.972.	Advisory organization's permitted activities--director may allow pure premium rate data to be distributed.
287.975.	Pure premium rate, schedule of rates, filed with director, when--payroll differential, advisory organization to collect data, when, purpose.

For map and directions, click here.

Andrew H. Marty, Esq.

Chapter 287 - Workers' Compensation Law

Sections