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. - Missouri Statutes

Line of duty compensation--definitions--claim procedure--nosubrogation rights for employers or insurers--grievanceprocedures--sunset date--fund created, use of moneys--rulemakingauthority.

287.243. 1. This section shall be known and may be cited as the"Line of Duty Compensation Act".

2. As used in this section, unless otherwise provided, the followingwords shall mean:

(1) "Air ambulance pilot", a person certified as an air ambulancepilot in accordance with sections 190.001 to 190.245, RSMo, andcorresponding regulations applicable to air ambulances adopted by thedepartment of health and senior services, division of regulation andlicensure, 19 CSR 30-40.005, et seq.;

(2) "Air ambulance registered professional nurse", a person licensedas a registered professional nurse in accordance with sections 335.011 to335.096, RSMo, and corresponding regulations adopted by the state board ofnursing, 20 CSR 2200-4, et seq., who provides registered professionalnursing services as a flight nurse in conjunction with an air ambulanceprogram that is certified in accordance with sections 190.001 to 190.245,RSMo, and the corresponding regulations applicable to such programs;

(3) "Emergency medical technician", a person licensed in emergencymedical care in accordance with standards prescribed by sections 190.001 to190.245, RSMo, and by rules adopted by the department of health and seniorservices under sections 190.001 to 190.245, RSMo;

(4) "Firefighter", any person, including a volunteer firefighter,employed by the state or a local governmental entity as an employer definedunder subsection 1 of section 287.030, or otherwise serving as a member orofficer of a fire department either for the purpose of the prevention orcontrol of fire or the underwater recovery of drowning victims;

(5) "Killed in the line of duty", when a person defined in thissection loses one's life as a result of an injury received in the activeperformance of his or her duties within the ordinary scope of his or herrespective profession while the individual is on duty and but for theindividual's performance, death would have not occurred. The term excludesdeath resulting from the willful misconduct or intoxication of the lawenforcement officer, emergency medical technician, air ambulance pilot, airambulance registered professional nurse, or firefighter. The division ofworkers' compensation shall have the burden of proving such willfulmisconduct or intoxication;

(6) "Law enforcement officer", any person employed by the state or alocal governmental entity as a police officer, peace officer certifiedunder chapter 590, RSMo, or serving as an auxiliary police officer or insome like position involving the enforcement of the law and protection ofthe public interest at the risk of that person's life;

(7) "Local governmental entity", includes counties, municipalities,townships, board or other political subdivision, cities under specialcharter, or under the commission form of government, fire protectiondistricts, ambulance districts, and municipal corporations;

(8) "State", the state of Missouri and its departments, divisions,boards, bureaus, commissions, authorities, and colleges and universities;

(9) "Volunteer firefighter", a person having principal employmentother than as a firefighter, but who is carried on the rolls of a regularlyconstituted fire department either for the purpose of the prevention orcontrol of fire or the underwater recovery of drowning victims, the membersof which are under the jurisdiction of the corporate authorities of a city,village, incorporated town, or fire protection district. Volunteerfirefighter shall not mean an individual who volunteers assistance withoutbeing regularly enrolled as a firefighter.

3. (1) A claim for compensation under this section shall be filed bythe estate of the deceased with the division of workers' compensation notlater than one year from the date of death of a law enforcement officer,emergency medical technician, air ambulance pilot, air ambulance registeredprofessional nurse, or firefighter. If a claim is made within one year ofthe date of death of a law enforcement officer, emergency medicaltechnician, air ambulance pilot, air ambulance registered professionalnurse, or firefighter killed in the line of duty, compensation shall bepaid, if the division finds that the claimant is entitled to compensationunder this section.

(2) The amount of compensation paid to the claimant shall betwenty-five thousand dollars, subject to appropriation, for death occurringon or after June 19, 2009.

4. Notwithstanding subsection 3 of this section, no compensation ispayable under this section unless a claim is filed within the timespecified under this section setting forth:

(1) The name, address, and title or designation of the position inwhich the law enforcement officer, emergency medical technician, airambulance pilot, air ambulance registered professional nurse, orfirefighter was serving at the time of his or her death;

(2) The name and address* of the claimant;

(3) A full, factual account of the circumstances resulting in or thecourse of events causing the death at issue; and

(4) Such other information that is reasonably required by thedivision.

When a claim is filed, the division of workers' compensation shall make aninvestigation for substantiation of matters set forth in the application.

5. The compensation provided for under this section is in additionto, and not exclusive of, any pension rights, death benefits, or othercompensation the claimant may otherwise be entitled to by law.

6. Neither employers nor workers' compensation insurers shall havesubrogation rights against any compensation awarded for claims under thissection. Such compensation shall not be assignable, shall be exempt fromattachment, garnishment, and execution, and shall not be subject to setoffor counterclaim, or be in any way liable for any debt, except that thedivision or commission may allow as lien on the compensation, reasonableattorney's fees for services in connection with the proceedings forcompensation if the services are found to be necessary. Such fees aresubject to regulation as set forth in section 287.260.

7. Any person seeking compensation under this section who isaggrieved by the decision of the division of workers' compensationregarding his or her compensation claim, may make application for a hearingas provided in section 287.450. The procedures applicable to theprocessing of such hearings and determinations shall be those establishedby this chapter. Decisions of the administrative law judge under thissection shall be binding, subject to review by either party under theprovisions of section 287.480.

8. Pursuant to section 23.253, RSMo, of the Missouri sunset act:

(1) The provisions of the new program authorized under this sectionshall automatically sunset six years after June 19, 2009, unlessreauthorized by an act of the general assembly; and

(2) If such program is reauthorized, the program authorized underthis section shall automatically sunset twelve years after the effectivedate of the reauthorization of this section; and

(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.

9. The provisions of this section, unless specified, shall not besubject to other provisions of this chapter.

10. There is hereby created in the state treasury the "Line of DutyCompensation Fund", which shall consist of moneys appropriated to the fundand any voluntary contributions, gifts, or bequests to the fund. The statetreasurer shall be custodian of the fund and shall approve disbursementsfrom the fund in accordance with sections 30.170 and 30.180, RSMo. Uponappropriation, money in the fund shall be used solely for paying claimsunder this section. Notwithstanding the provisions of section 33.080,RSMo, to the contrary, any moneys remaining in the fund at the end of thebiennium shall not revert to the credit of the general revenue fund. Thestate treasurer shall invest moneys in the fund in the same manner as otherfunds are invested. Any interest and moneys earned on such investmentsshall be credited to the fund.

11. The division shall promulgate rules to administer this section,including but not limited to the appointment of claims to multipleclaimants, record retention, and procedures for information requests. Anyrule or portion of a rule, as that term is defined in section 536.010,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly under chapter 536, RSMo, to review,to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after June 19, 2009, shall be invalid andvoid.

(L. 2009 H.B. 580)

Effective 6-19-09

Sunset date 8-28-15, unless reauthorized

Termination date 9-01-16, unless reauthorized

*Words "names and addresses" appear in original rolls.