287.200. Permanent total disability, amount to be paid--suspension of payments, when. - Missouri Statutes

Permanent total disability, amount to be paid--suspension of payments,when.

287.200. 1. Compensation for permanent total disability shall bepaid during the continuance of such disability for the lifetime of theemployee at the weekly rate of compensation in effect under this subsectionon the date of the injury for which compensation is being made. The word"employee" as used in this section shall not include the injured worker'sdependents, estate, or other persons to whom compensation may be payable asprovided in subsection 1 of section 287.020. The amount of suchcompensation 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 equalto sixty-six and two-thirds percent of the injured employee's averageweekly earnings during the year immediately preceding the injury, as of thedate of the injury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to seventy percent of thestate average weekly wage, as such wage is determined by the division ofemployment security, as of the July first immediately preceding the date ofinjury;

(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 during the year immediately preceding the injury, as of the dateof the injury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to seventy-five percent of thestate average weekly wage, as such wage is determined by the division ofemployment security, as of the July first immediately preceding the date ofinjury;

(3) For all injuries occurring on or after August 28, 1990, butbefore August 28, 1991, 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 weeklycompensation paid under this subdivision shall not exceed an amount equalto one hundred percent of the state average weekly wage;

(4) For all injuries occurring on or after August 28, 1991, theweekly compensation shall be an amount equal to sixty-six and two-thirdspercent of the injured employee's average weekly earnings as of the date ofthe injury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to one hundred five percent ofthe state average weekly wage;

(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. Permanent total disability benefits that have accrued through thedate of the injured employee's death are the only permanent totaldisability benefits that are to be paid in accordance with section 287.230.The right to unaccrued compensation for permanent total disability of aninjured employee terminates on the date of the injured employee's death inaccordance with section 287.230, and does not survive to the injuredemployee's dependents, estate, or other persons to whom compensation mightotherwise be payable.

3. All claims for permanent total disability shall be determined inaccordance with the facts. When an injured employee receives an award forpermanent total disability but by the use of glasses, prostheticappliances, or physical rehabilitation the employee is restored to hisregular work or its equivalent, the life payment mentioned in subsection 1of this section shall be suspended during the time in which the employee isrestored to his regular work or its equivalent. The employer and thedivision shall keep the file open in the case during the lifetime of anyinjured employee who has received an award of permanent total disability.In any case where the life payment is suspended under this subsection, thecommission may at reasonable times review the case and either the employeeor the employer may request an informal conference with the commissionrelative to the resumption of the employee's weekly life payment in thecase.

(RSMo 1939 § 3706, 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 pp. 397, 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. 1990 S.B. 751, A.L. 2008 H.B. 1883)

Prior revision: 1929 § 3316

Effective 6-26-08