HB 1662 -- Workers' Compensation

Sponsor:  Cunningham (86)

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

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

(2)  Defines "dominant factor" to mean the accident is the
prevailing factor in relation to any other factors contributing
to the resulting medical condition;

(3)  Requires that an accident injury be compensable only if the
accident was the dominant factor in causing the resulting medical
condition;

(4)  Codifies that Missouri does not apply the Positional Risk
Analysis or Positional Risk Doctrine;

(5)  Excludes as compensable any personal health condition
manifested during employment in which the accident was not the
dominant factor resulting in the need for medical treatment;

(6)  Excludes as compensable an injury resulting directly or
indirectly from idiopathic causes;

(7)  Requires that a cardiovascular, pulmonary, respiratory, or
other disease or cerebrovascular accident or myocardial
infraction suffered by a worker is an injury only if the accident
is the dominant factor in causing the resulting medical
condition;

(8)  Excludes as compensable any aggravation of a pre-existing
condition, except that the injury causes increased permanent
disability;

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

(10)  Requires that if the exposure to repetitive motion which is
found to cause the injury is for a period of less than three
months and exposure to repetitive motion with a prior employer
was the dominant factor in causing the injury, the prior employer
is liable for the occupational disease; and

(11)  Requires that the Labor and Industrial Relations Commission
and all officials within the Division of Employment Security
apply an impartial standard of review when weighing evidence and
resolving factual conflicts.

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