287.170. Temporary total disability, amount to be paid--method of payment--disqualification, when--post injury misconduct defined. - Missouri Statutes

Temporary total disability, amount to be paid--method ofpayment--disqualification, when--post injury misconduct defined.

287.170. 1. For temporary total disability the employer shall paycompensation for not more than four hundred weeks during the continuance ofsuch disability at the weekly rate of compensation in effect under thissection on the date of the injury for which compensation is being made. Theamount of such compensation shall be computed as follows:

(1) For all injuries occurring on or after September 28, 1983, butbefore September 28, 1986, the weekly compensation shall be an amount equal tosixty-six and two-thirds percent of the injured employee's average weeklyearnings as of the date of the injury; provided that the weekly compensationpaid under this subdivision shall not exceed an amount equal to seventypercent of the state average weekly wage, as such wage is determined by thedivision of employment security, as of the July first immediately precedingthe date of injury;

(2) For all injuries occurring on or after September 28, 1986, butbefore August 28, 1990, the weekly compensation shall be an amount equal tosixty-six and two-thirds percent of the injured employee's average weeklyearnings as of the date of the injury; provided that the weekly compensationpaid under this subdivision shall not exceed an amount equal to seventy-fivepercent of the state average weekly wage, as such wage is determined by thedivision of employment security, as of the July first immediately precedingthe date of injury;

(3) For all injuries occurring on or after August 28, 1990, but beforeAugust 28, 1991, the weekly compensation shall be an amount equal to sixty-sixand two-thirds percent of the injured employee's average weekly earnings as ofthe date of the injury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to one hundred percent of thestate average weekly wage;

(4) For all injuries occurring on or after August 28, 1991, the weeklycompensation shall be an amount equal to sixty-six and two-thirds percent ofthe injured employee's average weekly earnings as of the date of the injury;provided that the weekly compensation paid under this subdivision shall notexceed an amount equal to one hundred five percent of the state average weeklywage;

(5) For all injuries occurring on or after September 28, 1981, theweekly compensation shall in no event be less than forty dollars per week.

2. Temporary total disability payments shall be made to the claimant bycheck or other negotiable instruments approved by the director which will notresult in delay in payment and shall be forwarded directly to the claimantwithout intervention, or, when requested, to claimant's attorney ifrepresented, except as provided in section 454.517, RSMo, by any other partyexcept by order of the division of workers' compensation.

3. An employee is disqualified from receiving temporary total disabilityduring any period of time in which the claimant applies and receivesunemployment compensation.

4. If the employee is terminated from post-injury employment based uponthe employee's post-injury misconduct, neither temporary total disability nortemporary partial disability benefits under this section or section* 287.180are payable. As used in this section, the phrase "post-injury misconduct"shall not include absence from the workplace due to an injury unless theemployee is capable of working with restrictions, as certified by a physician.

(RSMo 1939 § 3704, A.L. 1947 V. II p. 438, 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. 1987 H.B. 564, A.L. 1990 S.B. 751, A.L. 1998 H.B. 1237, et al., A.L. 2005 S.B. 1 & 130)

Prior revision: 1929 § 3313

*Word "section" does not appear in original rolls.