Workers' Compensation Law

  1. Law
  2. Missouri Revised Statutes
  3. Labor and Industrial Relations
  4. Workers' Compensation Law

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Section
287.010

Citation of law.

Section
287.020

Definitions — intent to abrogate earlier case law.

Section
287.021

Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined.

Section
287.030

Employer defined.

Section
287.035

Partners, sole proprietors may elect to receive benefits for themselves — employees, effect — insurer's liability — intent of law — withdrawal of employee from coverage, procedure.

Section
287.037

Member of limited liability company to receive coverage, rejection of coverage, rescission of rejection — S corporation, certain shareholders may elect or reject coverage.

Section
287.040

Liability of employer — contractors, subcontractors.

Section
287.041

For-hire motor carrier not an employer of a lessor — definition.

Section
287.043

Abrogation of case law regarding definition of owner.

Section
287.060

Employers and employees affected by this act.

Section
287.061

Occupational or business license for construction contractors, city or county — duty to require proof of workers' compensation coverage, when, effect.

Section
287.063

Occupational diseases, presumption of exposure — last employer liable — statute of limitations, starts running, when.

Section
287.067

Occupational disease defined — repetitive motion, loss of hearing, radiation injury, communicable disease, others.

Section
287.070

Occupational diseases directly related to cleanup of an illegal drug manufacturing lab.

Section
287.090

Exempt employers and occupations — election to accept — withdrawal — notification required of insurance companies.

Section
287.100

Legislative intent relative to other laws expressed.

Section
287.110

Scope of chapter as to injuries and diseases covered.

Section
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.

Section
287.123

Insurers to establish safety engineering and management services program — requirements — division to maintain registry.

Section
287.124

Department of labor and industrial relations, certification of employer safety programs, when.

Section
287.126

Toll-free telephone number for workers' compensation information, division to establish.

Section
287.127

Notice, employer to post, contents — division to develop, distribute, and publish notice, when — penalty.

Section
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.

Section
287.129

False billing practices of health care provider, defined, effect — department of commerce and insurance, powers — penalty.

Section
287.130

Employer's liability joint and several — contribution allowable.

Section
287.135

Managed care services, department to establish program to certify organizations, procedures — effect on fees and services.

Section
287.140

Employer 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.

Section
287.141

Physical rehabilitation, defined, division of workers' compensation to administer — procedure.

Section
287.143

Vocational rehabilitation services, not mandatory — testing and assessment.

Section
287.144

Definitions.

Section
287.145

Rehabilitation practitioners, providers, certification of, how.

Section
287.146

Employee authorized to receive vocational rehabilitation, when — duties of director.

Section
287.148

Loss of suitable, gainful employment, how determined — severe injury, defined — plan, duration, costs allowed.

Section
287.149

Benefits to be paid, when — reduction of benefits, when.

Section
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 — third party liability, subrogation, effect on.

Section
287.160

Waiting period — compensation, how paid — interest, how computed — not credit to employer for wages or benefits paid, exception.

Section
287.170

Temporary total disability, amount to be paid — method of payment — disqualification, when — post injury misconduct defined — benefits not payable, when.

Section
287.180

Temporary partial disability, amount to be paid — method of payment.

Section
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.

Section
287.195

Claims for hernia, proof required.

Section
287.197

Occupational deafness — tests, claims, awards, liability of employer, effect of hearing aid.

Section
287.200

Permanent total disability, amount to be paid — suspension of payments, when — toxic exposure, treatment of claims.

Section
287.203

Termination of compensation by employer, employee right to hearing — assessment of costs.

Section
287.210

Physical examination of employee — exchange of medical records — admissibility of physician's, coroner's records — autopsy may be ordered.

Section
287.215

Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence — statement, what is not to be included.

Section
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 — priority of payment of liabilities of fund, exceptions.

Section
287.223

Missouri mesothelioma risk management fund created — definitions — issuance of payments, when — board of trustees, appointment, meetings, duties.

Section
287.230

Payment of compensation at death of employee — exceptions — abrogation of case law.

Section
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.

Section
287.241

Death benefits, inconsistent with section 287.240, when.

Section
287.243

Line 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.

Section
287.245

Volunteer firefighters, grants for workers' compensation insurance premiums — or cancer benefits pool.

Section
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.

Section
287.252

Cafeteria plan payroll deductions, not to reduce computation of employee compensation.

Section
287.253

Monetary bonus, effect on benefits.

Section
287.260

Compensation to have priority — not assignable — exceptions.

Section
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.

Section
287.270

Benefits from other sources no bar to compensation, exception, professional athletes.

Section
287.280

Employer's entire liability to be covered, self-insurer or approved carrier — exception — group of employers may qualify as self-insurers, requirements — rules — confidential records.

Section
287.282

Employee leasing arrangements, coverage required.

Section
287.290

Employee not to pay cost of insurance.

Section
287.300

Employer's liability primary or secondary — notice and service, when sufficient.

Section
287.310

Policies to be approved by department — deductible plans authorized, requirements.

Section
287.335

Determinations review board, created, purpose — code classifications, classification system, review of, duties.

Section
287.340

Insurance companies must keep reserve.

Section
287.350

Insurance companies to make report.

Section
287.360

Director may suspend or revoke permits and ask for a receiver.

Section
287.370

Compensation in lieu of insurance, how provided.

Section
287.380

Employer or insurer to make report to division, requirements — information not to be disclosed — failure to report, penalty.

Section
287.390

Compromise 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.

Section
287.400

Accident — duty of division — employer.

Section
287.410

Powers and functions of the division of workers' compensation.

Section
287.420

Written notice of injury to be given to employer — exceptions.

Section
287.430

Limitation as to action, exception.

Section
287.440

Limitation begins to run, when.

Section
287.450

Failure to agree on compensation — division to hold hearings.

Section
287.460

Division hearings, findings sent to parties and insurer — mediation services, division to establish procedures, requirements.

Section
287.470

Commission may review and change award.

Section
287.480

Application for review, time limit — when deemed filed — bond required, when.

Section
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.

Section
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.

Section
287.500

Circuit court may act upon memorandum — procedure.

Section
287.510

Temporary or partial awards may be made.

Section
287.520

Notice — manner of serving.

Section
287.530

Commission or division may commute compensation, when and how.

Section
287.540

Compensation commuted — funds, how paid out.

Section
287.550

Proceedings before commission to be informal and summary.

Section
287.560

Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid.

Section
287.570

Contempt — penalty.

Section
287.580

Death, pending proceedings — action shall not abate.

Section
287.590

Division may be sued — official seal.

Section
287.600

Oath of office.

Section
287.610

Additional administrative law judges, appointment and qualification, limit on number — annual evaluations — review committee, retention vote — jurisdiction, powers — continuing training required — performance audits required — rules.

Section
287.615

Employees of division — compensation — selection.

Section
287.620

Attorney general legal adviser.

Section
287.630

Forms, other material furnished by commission and division.

Section
287.640

Necessary offices to be provided, where — salaries — traveling expenses, how paid — hearings, where held.

Section
287.642

Public information programs, division to establish.

Section
287.650

Division to make rules and regulations — power to destroy reports, when — rules.

Section
287.655

Dismissal of claims, when, how, effect.

Section
287.660

Fees.

Section
287.670

No fees for services of public officers.

Section
287.680

Annual report to governor.

Section
287.690

Premium tax on insurance carriers, purpose, rate, how determined — use of funds for employers mutual insurance company, purpose.

Section
287.700

Returns delinquent — duty of director.

Section
287.710

Tax returns — payments — use of proceeds — funds and interest not to lapse.

Section
287.713

Director, report of expenditures.

Section
287.715

Annual surcharge required for second injury fund, amount, how computed, collection — violation, penalty — supplemental surcharge, amount.

Section
287.716

Surcharge on deductible plan policyholders, when, calculation of — notification of policyholders.

Section
287.717

Surcharge collection, procedure — failure to pay, interest assessed, when.

Section
287.720

Companies withdrawing from state liable for taxes imposed — department of revenue empowered to collect.

Section
287.730

Employer carrying own risk must pay tax.

Section
287.740

Compliance with provisions obligatory — penalty for violation.

Section
287.745

Delinquent taxes, interest, rate — overpayment of taxes, credit.

Section
287.750

Sufficiency of notice.

Section
287.760

Insurance carriers exempt from other tax, when.

Section
287.780

Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined.

Section
287.790

Penalty not specifically provided — misdemeanor.

Section
287.800

Law to be strictly construed.

Section
287.801

Review of claims, by whom.

Section
287.804

Waiver of compensation by employee, procedure.

Section
287.808

Burden of proof.

Section
287.810

Change of administrative law judge, procedure, limitations.

Section
287.811

Discovery in workers' compensation cases, sections not to effect.

Section
287.812

Definitions.

Section
287.813

Retirement, administrative law judges and legal advisors — participation in state employees' retirement system required, when.

Section
287.815

Retirement, age and service qualifications.

Section
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.

Section
287.825

Death of member before or after retirement — benefits of beneficiaries.

Section
287.830

Retirement with less than twelve years service — benefits.

Section
287.835

Removal from office bars benefits — intentional killing of administrative law judge or legal advisor bars survivor benefits, when.

Section
287.840

Practice of law after retirement — restrictions.

Section
287.845

Administration of retirement system and funds.

Section
287.846

Retirement benefit plan exclusive, exception — transfer of funds from other system.

Section
287.850

Life insurance benefits.

Section
287.855

Disability benefits.

Section
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.

Section
287.860

Guaranty association, created, all self-insured to be members — powers — withdrawing member, duties.

Section
287.862

Board of directors, members, appointment, qualifications — director to be member — terms, vacancies — expense reimbursement.

Section
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 of self-insured member, procedure.

Section
287.867

Insolvency fund, created — purposes, audit of.

Section
287.870

Plan of operation, submitted to division, when — purpose, contents — effective, when.

Section
287.872

Powers and duties of division.

Section
287.875

Assignment of recovery rights to corporation, when — receiver or liquidator, rights — corporation to file statements with receiver, when.

Section
287.877

Insolvent member, board may determine, how — notice to division, when.

Section
287.880

Liability, limitation of.

Section
287.882

Automatic stay of proceedings, when, duration.

Section
287.885

Limitations on actions.

Section
287.886

Severability clause.

Section
287.892

Workers' compensation insurers to report cost data to department.

Section
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.

Section
287.896

Residual market, department to develop plan — insurers to participate, rates, procedures — duties of director.

Section
287.900

Citation of law — definitions.

Section
287.902

Missouri employers mutual insurance company, created, powers, purpose.

Section
287.905

Board, created — members, appointment, qualifications, terms — chairman.

Section
287.907

Administrator, hiring of, qualifications, compensation — powers of board, generally.

Section
287.909

Administrator, duties of, bond required — immunity from liability, board and employees.

Section
287.910

Rates, board to determine, how.

Section
287.912

Investment policy, board to determine — administrator to make investments, how.

Section
287.915

Agents may sell policies, commissions.

Section
287.917

Workplace safety program, administrator to formulate — safety plan, contents — rates may be reduced, when.

Section
287.919

Company not to receive state appropriation, exception — revenue bonds, authorization, terms, execution, procedures.

Section
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.

Section
287.930

Definitions.

Section
287.932

Act not applicable, when — unfair trade practices, when.

Section
287.935

Insurer and advisory organization not to make agreement restraining trade — insurer must use uniform experience rating plan — exceptions.

Section
287.937

Director may conduct examinations — insurer and advisory organizations to maintain records, purpose — cost of examination — outstate examination may be accepted.

Section
287.940

Penalties for violations, director may impose — each day a separate violation, when — license may be suspended or revoked, when.

Section
287.942

Competitive market presumed to exist, when — reasonable degree of competition, factors.

Section
287.945

Director to monitor degree of competition, purpose.

Section
287.947

Insurers to file rate information in competitive market with the director, purpose — noncompetitive market, information filed — form of filing — public inspection.

Section
287.950

Competitive market, rates not to be excessive, inadequate, unfairly discriminatory.

Section
287.952

Rate standards in noncompetitive market, factors.

Section
287.955

Insurers to adhere to uniform classification system, plan — director to designate advisory organization, purpose, duties — risk premium modification plan, requirements.

Section
287.957

Experience rating plan, contents.

Section
287.960

Disapproval of rate, when, how — procedures, director's powers — effect.

Section
287.962

Hearings, when, conduct of — findings made, when — right to judicial determination.

Section
287.965

Aggrieved party may file application with director, hearing held, when — findings, effect of.

Section
287.967

Advisory organization must obtain license, restrictions — license, application — designation of by director, duration.

Section
287.970

Advisory organization not to file rates on behalf of insurer, exception.

Section
287.972

Advisory organization's permitted activities — director may allow pure premium rate data to be distributed.

Section
287.975

Pure premium rate, schedule of rates, filed with director, when — payroll differential, advisory organization to collect data, when, purpose — construction group, submission to advisory organization.