HB 2138 -- Workers' Compensation

Co-Sponsors:  Secrest, Hartzler (124), Pouche, Patek, Scott,
Froelker, Loudon

This bill makes several changes to the workers' compensation and
employment security laws.  In its main provisions, the bill:

(1)  Reduces the term of office for members of the Labor and
Industrial Relations Commission appointed after August 28, 2000,
from 6 to 4 years;

(2)  Establishes a lifetime term limit of 8 years for members of
the commission;

(3)  Establishes a Governor's review procedure for members of
the commission;

(4)  Creates a Medical Review Oversight Committee for Workers'
Compensation and Employment Security within the Labor and
Industrial Relations Commission to operate as part of the appeal
process in cases involving medical issues or positive chemical
test results.  The bill also details:

(a)  Membership and term requirements of the committee members;

(b)  Meeting and audit requirements;

(c)  Duties and responsibilities of the committee;

(d)  Requirements for requesting a case review by the committee;
and

(e)  Review and recommendation procedures before and by the
committee;

(5)  Nullifies employment security compensation and death
benefits for employees if an injury was sustained due to
alcohol- or drug-related causes;

(6)  Makes various changes throughout the employment security
laws to incorporate the function of the medical review oversight
committee;

(7)  Requires all proceedings to be conducted pursuant to the
rules of evidence;

(8)  Requires the division to approve every settlement between
an employer and employee, regardless of whether a party was
represented by an attorney, if the amount equals or exceeds the
physician's rating; and

(9)  Prohibits administrative law judges, legal advisors, state
employees, appointed commissioners, or committee members from
referring any party to an attorney, physician, or other provider
of services, except when appointing a physician pursuant to
Section 287.210, RSMo.