287.141. Physical rehabilitation, defined, division of workers' compensation to administer--procedure. - Missouri Statutes

Physical rehabilitation, defined, division of workers' compensationto administer--procedure.

287.141. 1. The purpose of this section is to restore theinjured person as soon as possible and as nearly as possible to acondition of self-support and maintenance as an able-bodiedworker by physical rehabilitation. The provisions of thischapter relating to physical rehabilitation shall be under thecontrol of and administered by the director of the division ofworkers' compensation. The division of workers' compensationshall make such rules and regulations as may be necessary tocarry out the purposes of this section, subject to the approvalof the labor and industrial relations commission of Missouri.

2. The division of workers' compensation shall continuouslystudy the problems of physical rehabilitation and shallinvestigate all rehabilitation facilities, both private andpublic, and upon such investigation shall approve as qualifiedall such facilities, institutions and physicians as are capableof rendering competent physical rehabilitation service forseriously injured industrial workers. Rehabilitation facilitiesshall include medical, surgical, hospital and physicalrestoration services. No facility or institution shall beconsidered as qualified unless it is equipped to provide physicalrehabilitation services for persons suffering either from somespecialized type of disability or general type of disabilitywithin the field of industrial injury, and unless such facilityor institution is operated under the supervision of a physicianqualified to render physical rehabilitation service and isstaffed with trained and qualified personnel and has received acertificate of qualification from the division of workers'compensation. No physician shall be considered as qualifiedunless he has had the experience prescribed by the division.

3. In any case of serious injury involving disabilityfollowing the period of rendition of medical aid as provided bysubsection 1 of section 287.140, where physical rehabilitation isnecessary if the employer or insurer shall offer such physicalrehabilitation to the injured employee and such physicalrehabilitation is accepted by the employee, then in such case thedirector of the division of workers' compensation shall beimmediately notified thereof and thereupon enter his approval tosuch effect, and the director of the division of workers'compensation shall requisition the payment of forty dollars perweek benefit from the second injury fund in the state treasury tobe paid to the employee while he is actually being rehabilitated,and shall immediately notify the state treasurer thereof byfurnishing him with a copy of his order. But in no case shallthe period of physical rehabilitation extend beyond twenty weeksexcept in unusual cases and then only by a special order of thedivision of workers' compensation for such additional period asthe division may authorize.

4. In all cases where physical rehabilitation is offered andaccepted or ordered by the division, the employer or insurershall have the right to select any physician, facility, orinstitution that has been found qualified by the division ofworkers' compensation as above set forth.

5. If the parties disagree as to such physicalrehabilitation treatment, where such treatment appears necessary,then either the employee, the employer, or insurer may file arequest with the division of workers' compensation for an orderfor physical rehabilitation and the director of the divisionshall hear the parties within ten days after the filing of therequest. The director of the division shall forthwith notify theparties of the time and place of the hearing, and the hearingshall be held at a place to be designated at the discretion ofthe division. The director of the division may conduct suchhearing or he may direct one of the administrative law judges toconduct same. Such hearing shall be informal in all respects.The director of the division shall, after considering allevidence at such hearing, within ten days make his order in thematter, either denying such request or ordering the employer orinsurer within a reasonable time, to furnish physicalrehabilitation, and ordering the employee to accept the same, atthe expense of the employer or insurer. When the order requiresphysical rehabilitation, it shall also include an order torequisition the payment of forty dollars per week out of thesecond injury fund in the state treasury to the injured employeeduring such time as such employee is actually receiving physicalrehabilitation.

6. In every case where physical rehabilitation shall beordered, the director of the division may, in his discretion,order the employer or insurer to furnish transportation to theinjured employee to such rehabilitation facility or institution.

7. As used in this section, the term "physicalrehabilitation" shall be deemed to include medical, surgical andhospital treatment in the same respect as required to befurnished under subsection 1 of section 287.140.

8. An appeal from any order of the division of workers'compensation hereby created to the appellate court may be takenand governed in all respects in the same manner as appeals inworkers' compensation cases generally under section 287.495.

(L. 1951 p. 613, A.L. 1969 p. 391, A.L. 1971 H.B. 59, A.L. 1974 S.B. 417, A.L. 1975 H.B. 941, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1980 H.B. 1396, A.L. 1983 H.B. 243 & 260)