Missouri Revised Statutes

Chapter 287
Workers' Compensation Law

(View Entire Chapter)

August 28, 2013

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
themselves--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, rescission 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--statute 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.
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,
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, 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.
287.141. 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--third party liability, subrogation, effect on.
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--toxic exposure, treatment of claims.
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--priority of payment
of liabilities of fund.
287.223. Missouri mesothelioma risk management fund
created--definitions--issuance of payments, when--board of
trustees, appointment, meetings, duties.
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,
287.241. Death benefits, inconsistent with section 287.240, when.
287.243. Line of duty compensation--definitions--claim procedure--no
subrogation rights for employers or insurers--grievance
procedures--sunset date--fund created, use of moneys--rulemaking
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
287.310. Policies to be approved by department--deductible plans authorized,
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,
287.390. Compromise settlements, how made--validity, effect, settlement with
minor dependents--employee entitled to one hundred percent of offer,
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,
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
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--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,
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
287.713. Director, report of expenditures.
287.715. Annual surcharge required for second injury fund, amount, how
computed, collection--violation, penalty--supplemental surcharge,
287.716. Surcharge on deductible plan policyholders, when, calculation
of--notification of policyholders.
287.717. Surcharge collection, procedure--failure to pay, interest assessed,
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,
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 of 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,
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,
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
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--risk premium
modification plan, requirements.
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
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,
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.

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