HB 148 -- Workers' Compensation

Sponsor:  Hunter

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

(1)  Requires that any member appointed or serving on the Labor
and Industrial Relations Commission receive Senate confirmation
within 30 days after the Senate convenes for regular session or
immediately resign from the commission;

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

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

(4)  Requires that an accident injury be compensable only if the
accident was the dominant factor in causing the mental or
physical condition;

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

(6)  Excludes as compensable any injury resulting from idiopathic
causes;

(7)  Requires that cardiovascular, pulmonary, respiratory, or
other disease or cerebrovascular accident or myocardial
infarction suffered by a worker is an injury if the accident is
the dominate 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;

(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;

(11)  Requires that certified peace officers exposed to certain
occupational hazards resulting in certain diseases be recognized
as disabled by an occupational disease;

(12)  Requires that employees failing to obey any rule or policy
related to a drug-free workplace or the use of alcohol forfeit
compensation and death benefits except in certain cases;

(13)  States that in cases involving an employee who voluntarily
used alcohol to a percentage of blood alcohol over the legal
intoxication level, it will be presumed that the alcohol use was
the proximate cause of any injury;

(14)  Requires that a disabled employee submit to a reasonable
medical examination at the request of the state if there is a
second injury claim;

(15)  Requires that an administrative law judge, associate legal
advisor, legal advisor, or the commission approve a settlement
agreement unless the agreement was found to be unjust;

(16)  Requires that the Division of Workers' Compensation appoint
administrative law judges with the advice and consent of the
Senate;

(17)  Requires that administrative law judges' terms be staggered
and limited to two terms, subject to reappointment;

(18)  Requires that the balance amount in the Workers'
Compensation Fund be sufficient to cover 100% of the previous
year's expenses.  Beginning October 31, 2005, in any year in
which collections from the maximum 2% tax rate are not sufficient
to cover the previous year's expenses, the State Auditor is to
audit the division and report the audit findings to the Speaker
of the House of Representatives and the President Pro Tem of the
Senate;

(19)  Requires that, beginning October 31, 2005, the director of
the division is to estimate the amount of benefits payable from
the Second Injury Fund during the ensuing calender year and
calculate the surcharge to be imposed during the ensuing year on
all workers' compensation policyholders and authorized
self-insurers;

(20)  Requires that, beginning January 1, 2006, the surcharge
will be set and calculated against a percentage, not to exceed
3%, of the policyholder's or self-insured's net deposits that
will generate 100% of the ensuing year's projected requirements
less any remaining balance from the previous year;

(21)  Requires that in any year in which collections from the
maximum 3% tax rate are insufficient to meet the fund balance
requirements of the previous year's expenses, the State Auditor
is to audit the division and report the audit findings to the
Speaker of the House of Representatives and the President Pro Tem
of the Senate;

(22)  Requires that failure by the division director to calculate
the surcharge by October 31 will result in any increase in the
surcharge not becoming effective for any calender quarter
beginning less than 60 days from the date of the calculation; and

(23)  Requires that the provisions of law regarding workers'
compensation be impartially construed.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm