287.160. Waiting period--compensation, how paid--interest, how computed--not credit to employer for wages or benefits paid, exception. - Missouri Statutes

Waiting period--compensation, how paid--interest, how computed--notcredit to employer for wages or benefits paid, exception.

287.160. 1. Except as provided in section 287.140, no compensationshall be payable for the first three days or less of disability duringwhich the employer is open for the purpose of operating its business orenterprise unless the disability shall last longer than fourteen days. Ifthe disability lasts longer than fourteen days, payment for the first threedays shall be made retroactively to the claimant.

2. Compensation shall be payable as the wages were paid prior to theinjury, but in any event at least once every two weeks. If an injuredemployee claims benefits pursuant to this section, an employer may, if theemployee agrees in writing, pay directly to the employee any benefits duepursuant to section 287.170. The employer shall continue such paymentsuntil the insurer starts making the payments or the claim is contested byany party. Where the claim is found to be compensable the employer'sworkers' compensation insurer shall indemnify the employer for any paymentsmade pursuant to this subsection. If the employee's claim is found to befraudulent or noncompensable, after a hearing, the employee shall reimbursethe employer, or the insurer if the insurer has indemnified the employer,for any benefits received either by a:

(1) Lump sum payment;

(2) Refund of the compensation equivalent of any accumulated sick ordisability leave;

(3) Payroll deduction; or

(4) Secured installment plan.

If the employee is no longer employed by such employer, the employer maygarnish the employee's wages or execute upon any property, except realestate, of the employee. Nothing in this subsection shall be construed torequire any employer to make payments directly to the employee.

3. Where weekly benefit payments that are not being contested by theemployer or his insurer are due, and if such weekly benefit payments aremade more than thirty days after becoming due, the weekly benefit paymentsthat are late shall be increased by ten percent simple interest per annum.Provided, however, that if such claim for weekly compensation is contestedby the employee, and the employer or his insurer have not paid the disputedweekly benefit payments or lump sum within thirty days of when theadministrative law judge's order becomes final, or from the date of adecision by the labor and industrial relations commission, or from the dateof the last judicial review, whichever is later, interest on such disputedweekly benefit payments or lump sum so ordered, shall be increased by tenpercent simple interest per annum beginning thirty days from the date ofsuch order. Provided, however, that if such claims for weekly compensationare contested solely by the employer or insurer, no interest shall bepayable until after thirty days after the award of the administrative lawjudge. The state of Missouri or any of its political subdivisions, as anemployer, is liable for any such interest assessed against it for failureto promptly pay on any award issued against it under this chapter.

4. Compensation shall be payable in accordance with the rules givenin sections 287.170, 287.180, 287.190, 287.200, 287.240, and 287.250.

5. The employer shall not be entitled to credit for wages or such paybenefits paid to the employee or his dependents on account of the injury ordeath except as provided in section 287.270.

(RSMo 1939 § 3702, A.L. 1947 V. II p. 446, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1957 p. 560, A.L. 1959 S.B. 167, A.L. 1961 p. 423, A.L. 1965 p. 414, A.L. 1967 p. 384, A.L. 1969 p. 393, A.L. 1971 H.B. 25 & 364, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1984 H.B. 1106, A.L. 1990 S.B. 751, A.L. 1992 H.B. 975, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al.)

Prior revision: 1929 § 3312

(1975) Held, sums paid by self-insured employer to employee following injury where sums paid "on account of the injury" disability benefits paid employee were no "insurance of the injured employee" and employer is entitled to full amount paid to employee even if it exceeds amount which could have been allowed for total temporary disability. Cowan v. Southwestern Bell Telephone Co. (A.), 529 S.W.2d 485.