HB 1640 -- Workers' Compensation Benefits

Sponsor:  Johnson (90)

This bill makes changes to the laws regarding workers'
compensation.  The bill:

(1)  Requires that in the case of a serious injury involving a
disability, the Director of the Division of Workers' Compensation
is to request the payment of 50% of the applicable temporary-
total disability compensation rate per weekly benefit from the
Second Injury Fund to the employee while being rehabilitated.
The employee will remain employed at the same wage rate, and no
employee entitlements or rights will be reduced while the
employee is unable to work;

(2)  Reduces from 120 days to 60 days the period of time between
the employee's application for vocational rehabilitation services
and the director's determination that the injury results in loss
of employment;

(3)  Reduces from 90 days to 10 days the period of time between
the employer's retention of a rehabilitation practitioner and the
practitioner's determination that rehabilitation services are
necessary;

(4)  Allows the director the discretion of extending the
rehabilitation services treatment period;

(5)  Provides that disputed unpaid weekly benefit payments or a
disputed lump-sum payment, currently deemed past due 30 days
after the administrative law judge's order, are deemed past due
30 days after the payment is due; and

(6)  Increases, effective August 28, 2004, the temporary-total
disability amount the employer is required to pay to 66 2/3% of
the employee's average weekly earnings at the time of the injury,
except that the amount must not exceed 200% of the state average
weekly wage or be less than 66 2/3% of the federal hourly minimum
wage rate multiplied by a 40-hour work week.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am