HB 467 -- Workers' Compensation

Co-Sponsors:  Burnett, Johnson (90), Young, Walsh, Carnahan,
Muckler, Bland

This bill makes several changes to the workers' compensation law.
The bill:

(1)  Extends benefits to all partners and sole proprietors;

(2)  Prohibits members of limited liability companies from
electing to reject workers' compensation coverage;

(3)  Clarifies that though an employer may not be liable under
the provisions regarding contractors, subcontractors, and
landlords, they are not immune from civil actions brought by an
employee or an employee's dependents;

(4)  Extends the definition of "occupational disease" to include
diseases of the immune system and diseases of the blood and
vascular system, extends the definition of "disability due to
exposure" to include contact with bodily fluids of another person
as an incidence of employment and contact with used needles,
syringes, or other medical apparatus, and extends exposure to
psychological stress to include peace officers, emergency medical
technicians, and other health care workers.  If a direct causal
link is established, a rebuttable presumption of a compensable
injury or disease is created;

(5)  Extends coverage to real estate agents and direct sellers;

(6)  Requires insurance companies to provide detailed claim and
financial information to the Division of Workers' Compensation
when required, to operate a physical office within the state, and
to have all Missouri claims adjusted by a person in this state;

(7)  Prohibits corporations with no more than two owners who are
also the only employees from withdrawing from workers'
compensation provisions;

(8)  Requires a fiscal note to be written as to the savings
created by any amendments to the workers' compensation law that
reduce the amount of compensation benefits received by injured
employees or their dependents and requires a commensurate
reduction in the premium charged to employers;

(9)  Extends workers' compensation law to include all injuries
and occupational disease contracted outside of Missouri if the
employee is a resident of this state at the time;

(10)  Restricts employers' immunity from civil suits in some
cases;

(11)  Requires that the statute of limitations begin running when
an employer obtains knowledge of an injury.  If liability is not
rejected within 90 days after the date of the filing of a claim
for compensation, the injury is presumed compensable;

(12)  Allows an employee to select a medical provider at the
employer's expense if the employer is notified before the
examination;

(13)  Makes changes regarding evaluation of vocational
rehabilitation services;

(14)  Defines "suitable, substantial, and gainful employment"
with reference to vocational rehabilitation;

(15)  Sets the date at which interest penalties can be charged
for weekly benefit payments at 30 days past the due date;

(16)  Increases the maximum weekly compensation paid to 200% of
the state average weekly wage and the minimum to 50% of the state
average weekly wage after August 28, 2003;

(17)  Increases the frequency range for hearing loss due to
industrial noise from 2,000 to 4,000 cycles per second;

(18)  Requires that within 30 days of notice of an employee's
compensable death that employers pay dependents an advancement of
compensation of $25,000;

(19)  Entitles dependents of employees who die of compensable
injuries to $2,000 per semester scholarships to Missouri
accredited postsecondary institutions for five years;

(20)  Requires employers to conduct reasonable investigations of
all claims for workers' compensation prior to denying these
claims;

(21)  Requires employers or insurers requesting depositions of
employees or dependents to provide additional benefits; and

(22)  Defines "medical legal expense."

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am