There is a newer version of the Missouri Revised Statutes
2016 Missouri Revised Statutes
TITLE XVIII LABOR AND INDUSTRIAL RELATIONS (285-295)
Chapter 287 Workers' Compensation Law
- Chapter Cross References
- 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.
- 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 provide 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 insurance, financial institutions and professional registration, 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.
- 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.
- 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--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.
- 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--uniform experience rating plan--failure to insure, effect--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.
- 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.
- 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.
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