HB 1014 -- Workers' Compensation

Co-Sponsors:  Secrest, Marble, Naeger, Hanaway, Bartelsmeyer,
St. Onge, Shields

This bill makes various 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, 2001,
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)  Makes various changes throughout the employment security
laws to incorporate the function of the Medical Review Oversight
Committee;

(6)  Eliminates benefits entirely if an employee's injury was
sustained in conjunction with the use of alcohol or drugs.
Under current law, workers' compensation and death benefits are
reduced 15% if the employee's injury was sustained in
conjunction with the use of alcohol or drugs;

(7)  Requires all proceedings to be conducted impartially
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;

(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;

(10)  Changes construction of the workers' compensation laws
from "liberal" to "impartial," deletes the provision declaring
substantial compliance with the laws will be sufficient, and
declares it to be the specific intent of the legislature that
the common law rule of liberal construction based on the
supposed remedial basis of workers' compensation laws does not
apply;

(11)  Allows administrative law judges to dismiss workers'
compensation claims without hearings upon written request from
employees.  Claims pending for 3 years without a hearing
automatically must be dismissed with prejudice.  Employees under
active medical care are exempted from this provision;

(12)  Requires employees who fail to keep 2 consecutive,
regularly scheduled medical appointments for treatment or
evaluation purposes to reimburse the physician for his or her
time; and

(13)  Requires that work be the dominant substantial factor in
causing an injury before it will be considered work-related.
Under current workers' compensation laws, an injury is work-
related if work was a substantial factor in its cause.  The bill
also limits workers' compensation recovery for the aggravation
of a pre-existing condition to the extent that the work-related
injury causes increased disability.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am