STATE STATUTES & CODES

MISSOURI STATUTES AND CODES

Chapter 287 Workers' Compensation Law

• 287.010. Citation of law.
• 287.020. Definitions--intent to abrogate earlier case law.
• 287.021. Sheriffs and deputy sheriffs to be covered by workers' compensation--average earnings defined.
• 287.030. Employer defined.
• 287.035. Partners, sole proprietors may elect to receive benefits for themselves--employees, effect--insurer's liability--intent of law--withdrawal of employee from coverage, procedure.
• 287.037. Member of limited liability company to receive coverage, rejection of coverage, rescission of rejection.
• 287.040. Liability of employer--contractors, subcontractors.
• 287.041. For-hire motor carrier not an employer of a lessor--definition.
• 287.043. Abrogation of case law regarding definition of owner.
• 287.060. Employers and employees affected by this act.
• 287.061. Occupational or business license for construction contractors, city or county--duty to require proof of workers' compensation coverage, when, effect.
• 287.063. Occupational diseases, presumption of exposure--last employer liable--statute of limitations, starts running, when.
• 287.067. Occupational disease defined--repetitive motion, loss of hearing, radiation injury, communicable disease, others.
• 287.070. Occupational diseases directly related to cleanup of an illegal drug manufacturing lab.
• 287.090. Exempt employers and occupations--election to accept--withdrawal--notification required of insurance companies.
• 287.100. Legislative intent relative to other laws expressed.
• 287.110. Scope of chapter as to injuries and diseases covered.
• 287.120. Liability of employer set out--compensation increased or reduced, when--use of alcohol or controlled substances or voluntary recreational activities, injury from--effect on compensation--ment
• 287.123. Insurers to establish safety engineering and management services program--requirements--division to maintain registry.
• 287.124. Department of labor and industrial relations, certification of employer safety programs, when.
• 287.126. Toll-free telephone number for workers' compensation information, division to establish.
• 287.127. Notice, employer to post, contents--division to provide notice, when--penalty.
• 287.128. Unlawful acts, penalties--fraud or noncompliance, complaint may be filed, effect--fraud and noncompliance unit established, purpose, confidentiality of records--annual report, contents.
• 287.129. False billing practices of health care provider, defined, effect--department of insurance, financial institutions and professional registration, powers--penalty.
• 287.130. Employer's liability joint and several--contribution allowable.
• 287.135. Managed care services, department to establish program to certify organizations, procedures--effect on fees and services.
• 287.140. Employer to provide medical and other services, transportation, artificial devices, reactivation of claim--duties of health care providers--refusal of treatment, effect--medical evidence--div
• 287.141. Physical rehabilitation, defined, division of workers' compensation to administer--procedure.
• 287.143. Vocational rehabilitation services, not mandatory--testing and assessment.
• 287.144. Definitions.
• 287.145. Rehabilitation practitioners, providers, certification of, how.
• 287.146. Employee authorized to receive vocational rehabilitation, when--duties of director.
• 287.148. Loss of suitable, gainful employment, how determined--severe injury, defined--plan, duration, costs allowed.
• 287.149. Benefits to be paid, when--reduction of benefits, when.
• 287.150. Subrogation to rights of employee or dependents against third person, effect of recovery--construction design professional, immunity from liability, when, exception--waiver of subrogation rig
• 287.160. Waiting period--compensation, how paid--interest, how computed--not credit to employer for wages or benefits paid, exception.
• 287.170. Temporary total disability, amount to be paid--method of payment--disqualification, when--post injury misconduct defined.
• 287.180. Temporary partial disability, amount to be paid--method of payment.
• 287.190. Permanent partial disability, amount to be paid--permanent partial disability defined--permanent total and partial total disability require certification by physician on compensability--award
• 287.195. Claims for hernia, proof required.
• 287.197. Occupational deafness--tests, claims, awards, liability of employer, effect of hearing aid.
• 287.200. Permanent total disability, amount to be paid--suspension of payments, when.
• 287.203. Termination of compensation by employer, employee right to hearing--assessment of costs.
• 287.210. Physical examination of employee--exchange of medical records--admissibility of physician's, coroner's records--autopsy may be ordered.
• 287.215. Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence--statement, what is not to be included.
• 287.220. Compensation and payment of compensation for disability--second injury fund created, services covered, actuarial studies required--failure of employer to insure, penalty--records open to publ
• 287.230. Payment of compensation at death of employee--exceptions--abrogation of case law.
• 287.240. Death benefits and burial expenses, amount, to whom paid and when paid--dependent defined--death benefits, how distributed--record of dependents, employer to keep--dependents to report to div
• 287.241. Death benefits, inconsistent with section 287.240, when.
• 287.243. Line of duty compensation--definitions--claim procedure--no subrogation rights for employers or insurers--grievance procedures--sunset date--fund created, use of moneys--rulemaking authority.
• 287.250. Compensation, computation of--average weekly wage, division or commission may determine, when--additional compensation for persons under twenty-one, when--multiple employers, computation of c
• 287.252. Cafeteria plan payroll deductions, not to reduce computation of employee compensation.
• 287.253. Monetary bonus, effect on benefits.
• 287.260. Compensation to have priority--not assignable--exceptions.
• 287.266. Payments made to public assistance recipients to be a debt due state, recovery by state--attorney's fees--assignment of rights--apportionment by judge, when.
• 287.270. Benefits from other sources no bar to compensation, exception, professional athletes.
• 287.280. Employer's entire liability to be covered, self-insurer or approved carrier--exception--group of employers may qualify as self-insurers--uniform experience rating plan--failure to insure,
• 287.282. Employee leasing arrangements, coverage required.
• 287.290. Employee not to pay cost of insurance.
• 287.300. Employer's liability primary or secondary--notice and service, when sufficient.
• 287.310. Policies to be approved by department--deductible plans authorized, requirements.
• 287.335. Determinations review board, created, purpose--code classifications, classification system, review of, duties.
• 287.340. Insurance companies must keep reserve.
• 287.350. Insurance companies to make report.
• 287.360. Director may suspend or revoke permits and ask for a receiver.
• 287.370. Compensation in lieu of insurance, how provided.
• 287.380. Employer or insurer to make report to division, requirements--information not to be disclosed--failure to report, penalty.
• 287.390. Compromise settlements, how made--validity, effect, settlement with minor dependents--employee entitled to one hundred percent of offer, when.
• 287.400. Accident--duty of division--employer.
• 287.410. Powers and functions of the division of workers' compensation.
• 287.420. Written notice of injury to be given to employer--exceptions.
• 287.430. Limitation as to action, exception.
• 287.440. Limitation begins to run, when.
• 287.450. Failure to agree on compensation--division to hold hearings.
• 287.460. Division hearings, findings sent to parties and insurer--mediation services, division to establish procedures, requirements.
• 287.470. Commission may review and change award.
• 287.480. Application for review, time limit--when deemed filed--bond required, when.
• 287.490. Final award conclusive unless an appeal is taken--grounds for setting aside--disputes governed by this section, claims arising before August 13, 1980.
• 287.495. Final award conclusive unless an appeal is taken--grounds for setting aside--disputes governed by this section, claims arising on or after August 13, 1980.
• 287.500. Circuit court may act upon memorandum--procedure.
• 287.510. Temporary or partial awards may be made.
• 287.520. Notice--manner of serving.
• 287.530. Commission or division may commute compensation, when and how.
• 287.540. Compensation commuted--funds, how paid out.
• 287.550. Proceedings before commission to be informal and summary.
• 287.560. Division or commission may administer oaths, issue process, take depositions--depositions may be taken by electronic means--costs, how paid.
• 287.570. Contempt--penalty.
• 287.580. Death, pending proceedings--action shall not abate.
• 287.590. Division may be sued--official seal.
• 287.600. Oath of office.
• 287.610. Additional administrative law judges, appointment and qualification, limit on number--annual evaluations--performance audit standards, review committee, retention vote--jurisdiction, powers--
• 287.615. Employees of division--compensation--selection.
• 287.616. (Repealed L. 2005 S.B. 1 & 130 § A)
• 287.620. Attorney general legal adviser.
• 287.630. Forms, other material furnished by commission and division.
• 287.640. Necessary offices to be provided, where--salaries--traveling expenses, how paid--hearings, where held.
• 287.642. Public information programs, division to establish.
• 287.650. Division to make rules and regulations--power to destroy reports, when--rules.
• 287.655. Dismissal of claims, when, how, effect.
• 287.660. Fees.
• 287.670. No fees for services of public officers.
• 287.680. Annual report to governor.
• 287.690. Premium tax on insurance carriers, purpose, rate, how determined--use of funds for employers mutual insurance company, purpose.
• 287.700. Returns delinquent--duty of director.
• 287.710. Tax returns--payments--use of proceeds--funds and interest not to lapse.
• 287.713. Director, report of expenditures.
• 287.715. Annual surcharge required for second injury fund, amount, how computed, collection--violation, penalty.
• 287.716. Surcharge on deductible plan policyholders, when, calculation of--notification of policyholders.
• 287.717. Surcharge collection, procedure--failure to pay, interest assessed, when.
• 287.720. Companies withdrawing from state liable for taxes imposed--department of revenue empowered to collect.
• 287.730. Employer carrying own risk must pay tax.
• 287.740. Compliance with provisions obligatory--penalty for violation.
• 287.745. Delinquent taxes, interest, rate--overpayment of taxes, credit.
• 287.750. Sufficiency of notice.
• 287.760. Insurance carriers exempt from other tax, when.
• 287.780. Discrimination because of exercising compensation rights prohibited--civil action for damages.
• 287.790. Penalty not specifically provided--misdemeanor.
• 287.800. Law to be strictly construed.
• 287.801. Review of claims, by whom.
• 287.804. Waiver of compensation by employee, procedure.
• 287.808. Burden of proof.
• 287.810. Change of administrative law judge, procedure, limitations.
• 287.811. Discovery in workers' compensation cases, sections not to effect.
• 287.812. Definitions.
• 287.813. Retirement, administrative law judges and legal advisors--participation in state employees' retirement system required, when.
• 287.815. Retirement, age and service qualifications.
• 287.820. Benefits, amount, how payable--exemption from execution, certain judgment claims to be unassignable, exception--contributions to health care plan--consultants appointment, compensation, annua
• 287.825. Death of member before or after retirement--benefits of beneficiaries.
• 287.830. Retirement with less than twelve years service--benefits.
• 287.835. Removal from office bars benefits--intentional killing of administrative law judge or legal advisor bars survivor benefits, when.
• 287.840. Practice of law after retirement--restrictions.
• 287.845. Administration of retirement system and funds.
• 287.846. Retirement benefit plan exclusive, exception--transfer of funds from other system.
• 287.850. Life insurance benefits.
• 287.855. Disability benefits.
• 287.856. Administrative law judges and legal advisors serving in armed forces may elect to purchase creditable prior service--contributions, payment period--surviving spouse may receive refund.
• 287.860. Guaranty association, created, all self-insured to be members--powers--withdrawing member, duties.
• 287.862. Board of directors, members, appointment, qualifications--director to be member--terms, vacancies--expense reimbursement.
• 287.865. Moneys not deemed state moneys--use of funds--reports to director, when--additional powers of corporation--assessments, division shall levy, amount--no dividends to be paid--bankruptcy, disso
• 287.867. Insolvency fund, created--purposes, audit of.
• 287.870. Plan of operation, submitted to division, when--purpose, contents--effective, when.
• 287.872. Powers and duties of division.
• 287.875. Assignment of recovery rights to corporation, when--receiver or liquidator, rights--corporation to file statements with receiver, when.
• 287.877. Insolvent member, board may determine, how--notice to division, when.
• 287.880. Liability, limitation of.
• 287.882. Automatic stay of proceedings, when, duration.
• 287.885. Limitations on actions.
• 287.886. Severability clause.
• 287.892. Workers' compensation insurers to report cost data to department.
• 287.894. Insurers to report medical claims data to division of workers' compensation, contents--consolidated health plan, duties--purpose--costs--penalty for failure to comply.
• 287.896. Residual market, department to develop plan--insurers to participate, rates, procedures--duties of director.
• 287.900. Citation of law--definitions.
• 287.902. Missouri employers mutual insurance company, created, powers, purpose.
• 287.905. Board, created--members, appointment, qualifications, terms--chairman.
• 287.907. Administrator, hiring of, qualifications, compensation--powers of board, generally.
• 287.909. Administrator, duties of, bond required--immunity from liability, board and employees.
• 287.910. Rates, board to determine, how.
• 287.912. Investment policy, board to determine--administrator to make investments, how.
• 287.915. Agents may sell policies, commissions.
• 287.917. Workplace safety program, administrator to formulate--safety plan, contents--rates may be reduced, when.
• 287.919. Company not to receive state appropriation, exception--revenue bonds, authorization, terms, execution, procedures.
• 287.920. Audit required, when, procedure--report, contents, governor and general assembly to receive--administrator to formulate budget--department, duties--subscribers to be provided policy, when.
• 287.930. Definitions.
• 287.932. Act not applicable, when--unfair trade practices, when.
• 287.935. Insurer and advisory organization not to make agreement restraining trade--insurer must use uniform experience rating plan--exceptions.
• 287.937. Director may conduct examinations--insurer and advisory organizations to maintain records, purpose--cost of examination--outstate examination may be accepted.
• 287.940. Penalties for violations, director may impose--each day a separate violation, when--license may be suspended or revoked, when.
• 287.942. Competitive market presumed to exist, when--reasonable degree of competition, factors.
• 287.945. Director to monitor degree of competition, purpose.
• 287.947. Insurers to file rate information in competitive market with the director, purpose--noncompetitive market, information filed--form of filing--public inspection.
• 287.950. Competitive market, rates not to be excessive, inadequate, unfairly discriminatory.
• 287.952. Rate standards in noncompetitive market, factors.
• 287.955. Insurers to adhere to uniform classification system, plan--director to designate advisory organization, purpose, duties.
• 287.957. Experience rating plan, contents.
• 287.960. Disapproval of rate, when, how--procedures, director's powers--effect.
• 287.962. Hearings, when, conduct of--findings made, when--right to judicial determination.
• 287.965. Aggrieved party may file application with director, hearing held, when--findings, effect of.
• 287.967. Advisory organization must obtain license, restrictions--license, application--designation of by director, duration.
• 287.970. Advisory organization not to file rates on behalf of insurer, exception.
• 287.972. Advisory organization's permitted activities--director may allow pure premium rate data to be distributed.
• 287.975. Pure premium rate, schedule of rates, filed with director, when--payroll differential, advisory organization to collect data, when, purpose.

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