HS HCS HB 321 -- WORKERS' COMPENSATION (Wilson, 130)

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

(1)  Redefines "accident" to a specific, identifiable, traumatic
event during a single work shift;

(2)  Requires that an injury or occupational disease be
compensable only if an accident or occupational exposure was the
dominant factor in causing the condition or disability, rather
than a substantial factor;

(3)  Restricts benefits for the aggravation of pre-existing
conditions to those cases where a work-related injury causes
increased permanent disability and reduces compensation by the
amount of permanent partial disability that was pre-existing;

(4)  Exempts from coverage personal health conditions that
manifest themselves at work when an accident is not the dominant
factor in the need for medical treatment and injuries from
unknown causes.  Deterioration from aging is currently listed as
not compensable; the substitute adds deterioration from normal
activities of day-to-day living;

(5)  Requires members of the Labor and Industrial Relations Board
to be confirmed by the Senate within 30 days after the next
regular session begins;

(6)  Increases the penalty when violation of drug and alcohol
rules is involved by reducing benefits by 50% rather than 15% and
requires that intoxication at or above the legal blood level be
conclusively presumed to be the proximate cause of injury;

(7)  Requires employees on disability to submit to examinations
at the request of the state if there is a second injury claim;

(8)  Requires that voluntary settlements be approved unless they
are manifestly unjust;

(9)  Requires administrative law judges to receive the advice and
consent of the Senate and limits appointed terms to four years;

(10)  Requires an audit of the Division of Workers' Compensation
when the maximum tax rate for the Workers' Compensation Fund or
the Second Injury Fund fails to meet the expenses of the previous
year;

(11)  Requires that if the surcharge for the Second Injury Fund
is not calculated by October 31 of a given year, then the new
rate cannot go into effect less than 60 days from the
determination;

(12)  Allows an employee to opt out of workers' compensation for
religious reasons, but he or she must sign a waiver agreeing not
to take future civil actions against the employer; and

(13)  Adds certified peace officers to the list of those for whom
certain diseases caused by exposure to smoke, gases, carcinogens,
inadequate oxygen, and psychological stress are recognized as
occupational diseases.

FISCAL NOTE:  Loss to Workers' Compensation Administrative Fund
of $0 or Unknown in FY 2004, FY 2005, and FY 2006.  Estimated Net
Effect on Second Injury Fund of an Unknown cost to an Unknown
income in FY 2004, FY 2005, and FY 2006.  Estimated Net Effect on
General Revenue of an Unknown cost to an Unknown income in FY
2004, FY 2005, and FY 2006.  Estimated Net Effect on Various
State Funds of an Unknown cost to an Unknown income in FY 2004,
FY 2005, and FY 2006.  Estimated Net Savings to Conservation
Commission Fund of Unknown in FY 2004, FY 2005, and FY 2006.
Estimated Net Savings to Highway Fund of Unknown in FY 2004, FY
2005, and FY 2006.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am