537.678. Percentage of fund to be used to assist uncompensated tort victims--filing of claims, procedure. - Missouri Statutes

Percentage of fund to be used to assist uncompensated tortvictims--filing of claims, procedure.

537.678. 1. Seventy-four percent of all payments received by thetort victims' compensation fund regardless of source or designation shall,upon appropriation, be appropriated to the division of workers'compensation to assist uncompensated tort victims and shall be used for noother purpose. Notwithstanding the provisions of section 33.080, RSMo, anybalance remaining in the budget of the division of workers' compensationfor compensation of uncompensated tort victims shall not be transferred togeneral revenue but shall remain in the fund. Moneys in the tort victims'compensation fund shall not be used to pay any portion of a refund mandatedby article X, section 18 of the constitution.

2. The division of workers' compensation shall, pursuant to theprovisions of sections 537.678 to 537.693, have jurisdiction to determineand award compensation to or on behalf of uncompensated tort victims. Therequirement that the uncompensated tort victim has obtained a finaljudgment may be waived by the division based upon the tort-feasor'sbankruptcy, inability to identify the tort-feasor or inability to obtainservice of process on the tort-feasor after making a good faith effort todo so or the claim against tort-feasor has been settled for the insurancepolicy limits available to cover the liability of such tort-feasor and suchpolicy limits are inadequate in light of the injury suffered by the tortvictim. The division is not required to award compensation, nor is itrequired to award the full amount claimed. The division shall base itsaward of compensation upon independent verification obtained during itsinvestigation. In no case shall the amount paid to the individual exceedthe lesser of either the net award granted by the court or jury, or theamount remaining in the tort victims' compensation fund, provided, however,that no award shall exceed three hundred thousand dollars.

3. Claims shall be made by filing an application for compensationwith the division. The division shall furnish an application form whichshall include:

(1) The name and address of the uncompensated tort victim;

(2) If the claimant is not the uncompensated tort victim, the nameand address of the claimant and relationship to the victim, the name andaddress of any dependents of the victim, and the extent to which each is sodependent;

(3) The date and nature of the tort on which the application forcompensation is based;

(4) The date and court in which a judgment was rendered against thetort-feasor, including the judgment amount specifying medical costs, ifavailable. If no final judgment was obtained and the claimant isrequesting a waiver pursuant to subsection 2 of this section, theapplication shall include a statement establishing the basis for a waiver;

(5) The nature and extent of the injuries sustained by the victim,the names and addresses of those giving medical and hospital treatment tothe victim and whether death resulted;

(6) The loss to the claimant or a dependent resulting from the injuryor death;

(7) The amount of benefits, payments or awards, if any, payable fromany source that the claimant or dependent has received or for which theclaimant or dependent is eligible as a result of the injury or death;

(8) Releases by the claimant authorizing any reports, documents andother information relating to the matters specified pursuant to thissection to be obtained by the division; and

(9) Any other information as the division determines is necessary.

4. In addition to the application, the division may require that theclaimant submit materials substantiating the facts stated in theapplication.

5. If the division finds that an application does not contain therequired information or that the facts stated therein have not beensubstantiated, it shall notify the claimant in writing of the specificadditional items or information or materials required and that the claimanthas thirty days from the date of mailing in which to furnish those items tothe division. Unless a claimant requests and is granted an extension oftime by the division, the division may reject, without prejudice torefiling of another application for the same matter, the claim of theclaimant for failure to file the additional information or materials withinthe specified time. Extensions of time to file such additional informationshall be freely granted.

6. The claimant may file an amended application or additionalsubstantiating materials to correct inadvertent errors or omissions at anytime before the division has completed its consideration of the originalapplication.

7. Any state or local agency, including a prosecuting attorney or lawenforcement agency, shall make available without cost to the fund, allreports, files and other appropriate information that the division requestsin order to make a determination that a claimant is eligible for an awardpursuant to sections 537.675 to 537.693.

8. Any notice required pursuant to sections 537.675 to 537.693, withthe exception of the lien notice required by subsection 3 of section537.675, shall be sent by first class mail, postage prepaid, to the party'slast known address or to the last known address of the party's attorney orother legal representative.

(L. 2001 H.B. 107)