Missouri Workers’ Compensation Laws and Regulations

Missouri Workers’ Comp Drug Testing Laws

Missouri Workers’ Compensation Rules
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Division 20 – Labor and Industrial

Division 50 – Workers' Compensation Rules

Missouri Workers’ Compensation Statutes
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287.945. Director to monitor degree of
competition, purpose.


287.010. Citation of law.


287.020. Definitions


287.021. Sheriffs and deputy sheriffs to be
covered by workers’ compensation


287.030. Employer defined.


287.035. Partners, sole proprietors may elect
to receive benefits for themselves


287.037. Member of limited liability company
to receive coverage, rejection of coverage, rescission of rejection.


287.040. Liability of employer–contractors,
subcontractors.


287.041. For-hire motor carrier not an
employer of a lessor–definition.


287.043. Abrogation of case law regarding
definition of owner.


287.060. Employers and employees affected by
this act.


287.061. Occupational or business license for
construction contractors


287.063. Occupational diseases, presumption of
exposure–last employer liable –statute of limitations, starts running, when.


287.067. Occupational disease
defined–repetitive motion, loss of hearing, radiation injury, communicable
disease, others.


287.070. Occupational diseases directly
related to cleanup of an illegal drug manufacturing lab.


287.090. Exempt employers and
occupations–election to accept–withdrawal –notification required of insurance
companies.


287.100. Legislative intent relative to other
laws expressed.


287.110. Scope of chapter as to injuries and
diseases covered.


287.120. 1. Liability of employer set
out–compensation increased or reduced, when–use of alcohol or controlled
substances or voluntary recreational activities, injury from–effect on
compensation –mental injuries, requirements, firefighter stress not a


287.123. Insurers to establish safety
engineering and management services program–requirements–division to maintain
registry.


287.124. Department of labor and industrial
relations, certification of employer safety programs, when.


287.126. Toll-free telephone number for
workers’ compensation information, division to establish.


287.127. 1. Notice, employer to post,
contents–division to provide notice, when –penalty.


287.128. 1. Unlawful acts, penalties–fraud or
noncompliance, complaint may be filed, effect–fraud and noncompliance unit
established, purpose, confidentiality of records–annual report, contents.


287.129. 1. False billing practices of health
care provider, defined, effect –department of insurance, powers–penalty.


287.130. Employer’s liability joint and
several–contribution allowable.


287.135. 1. Managed care services, department
to establish program to certify organizations, procedures–effect on fees and
services.


287.140. 1. Employer to provide medical and
other services, transportation, artificial devices, reactivation of
claim–duties of health care providers–refusal of treatment, effect–medical
evidence –division, commission responsibilities–notice to heal


287.141. 1. Physical rehabilitation, defined,
division of workers’ compensation to administer–procedure.


287.143. Vocational rehabilitation services,
not mandatory–testing and assessment.


287.144. Definitions.


287.145. Rehabilitation practitioners,
providers, certification of, how.


287.146. 1. Employee authorized to receive
vocational rehabilitation, when –duties of director.


287.148. 1. Loss of suitable, gainful
employment, how determined–severe injury, defined–plan, duration, costs
allowed.


287.149. Benefits to be paid, when–reduction
of benefits, when.


287.150. Subrogation to rights of employee or
dependents against third person, effect of recovery–construction design
professional, immunity from liability, when, exception–waiver of subrogation
rights on certain contracts void, employer’s lien on subro


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


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


287.180. Temporary partial disability, amount
to be paid–method of payment.


287.190. Permanent partial disability, amount
to be paid–permanent partial disability defined–permanent total and partial
total disability require certification by physician on compensability–award
reduced when.


287.195 Claims for hernia, proof required.


287.197. Occupational deafness–tests, claims,
awards, liability of employer, effect of hearing aid.


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


287.203. Termination of compensation by
employer, employee right to hearing–assessment of costs.


287.210. Physical examination of
employee–exchange of medical records –admissibility of physician’s, coroner’s
records–autopsy may be ordered.


287.215. Injured employee to be furnished copy
of his statement, otherwise inadmissible as evidence–statement, what is not to
be included.


287.220. Compensation and payment of
compensation for disability–second injury fund created, services covered,
actuarial studies required–failure of employer to insure, penalty–records open
to public, when –concurrent employers, effect.


287.230. Payment of compensation at death of
employee–exceptions.


287.240. Death benefits and burial expenses,
amount, to whom paid and when paid–dependent defined–death benefits, how
distributed–record of dependents, employer to keep–dependents to report to
division, procedure.


287.241. Death benefits, inconsistent with
section 287.240, when.


287.243. 1. This section shall be known and
may be cited as the


287.250. Compensation, computation of–average
weekly wage, division or commission may determine, when–additional compensation
for persons under twenty-one, when–multiple employers, computation of coverage
–weekly wage–compromise settlement.


287.252. Cafeteria plan payroll deductions,
not to reduce computation of employee compensation.


287.253. Monetary bonus, effect on benefits.


287.260. Compensation to have priority–not
assignable–exceptions.


287.266. Payments made to public assistance
recipients to be a debt due state, recovery by state–attorney’s
fees–assignment of rights –apportionment by judge, when.


287.270. Benefits from other sources no bar to
compensation, exception, professional athletes.


287.280. Employer’s entire liability to be
covered, self-insurer or approved carrier–exception–group of employers may
qualify as self-insurers –uniform experience rating plan–failure to insure,
effect–rules –confidential records.


287.282. Employee leasing arrangements,
coverage required.


287.290. Employee not to pay cost of
insurance.


287.300. Employer’s liability primary or
secondary–notice and service, when sufficient.


287.310. Policies to be approved by department
of insurance–deductible plans authorized, requirements.


287.335. Determinations review board, created,
purpose–code classifications, classification system, review of, duties.


287.340. Insurance companies must keep
reserve.


287.350. Insurance companies to make report.


287.360. Director of insurance may suspend or
revoke permits and ask for a receiver.


287.370. Compensation in lieu of insurance,
how provided.


287.380. Employer or insurer to make report to
division, requirements –information not to be disclosed–failure to report,
penalty.


287.390. Compromise settlements, how
made–validity, effect, settlement with minor dependents–employee entitled to
one hundred percent of offer, when.


287.400. Accident–duty of division–employer.


287.410. Powers and functions of the division
of workers’ compensation.


287.420. Written notice of injury to be given
to employer–exceptions.


287.430. Limitation as to action, exception.


287.440. Limitation begins to run, when.


287.450. Failure to agree on
compensation–division to hold hearings.


287.460. Division hearings, findings sent to
parties and insurer–mediation services, division to establish procedures,
requirements.


287.470. Commission may review and change
award.


287.480. Application for review, time
limit–when deemed filed–bond required, when.


287.490. Final award conclusive unless an
appeal is taken–grounds for setting aside–disputes governed by this section,
claims arising before August 13, 1980.


287.495. Final award conclusive unless an
appeal is taken–grounds for setting aside–disputes governed by this section,
claims arising on or after August 13, 1980.


287.500. Circuit court may act upon
memorandum–procedure.


287.510. Temporary or partial awards may be
made.


287.520. Notice–manner of serving.


287.530. Commission or division may commute
compensation, when and how.


287.540. Compensation commuted–funds, how
paid out.


287.550. Proceedings before commission to be
informal and summary.


287.560. Division or commission may administer
oaths, issue process, take depositions–depositions may be taken by electronic
means–costs, how paid.


287.570. Contempt–penalty.


287.580. Death, pending proceedings–action
shall not abate.


287.590. Division may be sued–official seal.


287.600. Oath of office.


287.610. Additional administrative law judges,
appointment and qualification, limit on number–annual evaluations–performance
audit standards, review committee, retention vote–jurisdiction,
powers–continuing training required–performance audits requir


287.615. Employees of
division–compensation–selection.


287.620. Attorney general legal adviser.


287.630. Forms, other material furnished by
commission and division.


287.640. Necessary offices to be provided,
where–salaries–traveling expenses, how paid–hearings, where held.


287.642. Public information programs, division
to establish.


287.650. Division to make rules and
regulations–power to destroy reports, when–rules.


287.655. Dismissal of claims, when, how,
effect.


287.660. Fees.


287.670. No fees for services of public
officers.


287.680. Annual report to governor.


287.690. Premium tax on insurance carriers,
purpose, rate, how determined–use of funds for employers mutual insurance
company, purpose.


287.700. Returns delinquent–duty of director
of insurance.


287.710. Tax returns–payments–use of
proceeds–funds and interest not to lapse.


287.713. Director, report of expenditures.


287.715. Annual surcharge required for second
injury fund, amount, how computed, collection–violation, penalty.


287.716. Surcharge on deductible plan
policyholders, when, calculation of–notification of policyholders.


287.717. Surcharge collection,
procedure–failure to pay, interest assessed, when.


287.720. Companies withdrawing from state
liable for taxes imposed–department of revenue empowered to collect.


287.730. Employer carrying own risk must pay
tax.


287.740. Compliance with provisions
obligatory–penalty for violation.


287.745. Delinquent taxes, interest,
rate–overpayment of taxes, credit.


287.750. Sufficiency of notice.


287.760. Insurance carriers exempt from other
tax, when.


287.780. Discrimination because of exercising
compensation rights prohibited –civil action for damages.


287.790. Penalty not specifically
provided–misdemeanor.


287.800. Law to be strictly construed.


287.801. Review of claims, by whom.


287.804. Waiver of compensation by employee,
procedure.


287.808. Burden of proof.


287.810. Change of administrative law judge,
procedure, limitations.


287.811. Discovery in workers’ compensation
cases, sections not to effect.


287.812. Definitions.


287.813. Retirement, administrative law judges
and legal advisors–participation in state employees’ retirement system
required, when.


287.815. Retirement, age and service
qualifications.


287.820. Benefits, amount, how
payable–exemption from execution, certain judgment claims to be unassignable,
exception–contributions to health care plan–consultants appointment,
compensation, annual increases, how computed.


287.825. Death of member before or after
retirement–benefits of beneficiaries.


287.830. Retirement with less than twelve
years service–benefits.


287.835. Removal from office bars
benefits–intentional killing of administrative law judge or legal advisor bars
survivor benefits, when.


287.840. Practice of law after
retirement–restrictions.


287.845. Administration of retirement system
and funds.


287.846. Retirement benefit plan exclusive,
exception–transfer of funds from other system.


287.850. Life insurance benefits.


287.855. Disability benefits.


287.856. Administrative law judges and legal
advisors serving in armed forces may elect to purchase creditable prior
service–contributions, payment period–surviving spouse may receive refund.


287.860. Guaranty association, created, all
self-insured to be members –powers–withdrawing member, duties.


287.862. Board of directors, members,
appointment, qualifications–director to be member–terms, vacancies–expense
reimbursement.


287.865. Moneys not deemed state moneys–use
of funds–reports to director, when–additional powers of
corporation–assessments, division shall levy, amount–no dividends to be
paid–bankruptcy, dissolution, or insolvency of self-insured member, procedure


287.867. Insolvency fund, created–purposes,
audit of.


287.870. Plan of operation, submitted to
division, when–purpose, contents –effective, when.


287.872. Powers and duties of division.


287.875. Assignment of recovery rights to
corporation, when–receiver or liquidator, rights–corporation to file
statements with receiver, when.


287.877. Insolvent member, board may
determine, how–notice to division, when.


287.880. Liability, limitation of.


287.882. Automatic stay of proceedings, when,
duration.


287.885. Limitations on actions.


287.886. Severability clause.


287.892. Workers’ compensation insurers to
report cost data to department of insurance.


287.894. Insurers to report medical claims
data to division of workers’ compensation, contents–consolidated health plan,
duties–purpose –costs–penalty for failure to comply.


287.896. Residual market, department of
insurance to develop plan–insurers to participate, rates, procedures–duties of
director.


287.900. Citation of law–definitions.


287.902. Missouri employers mutual insurance
company, created, powers, purpose.


287.905. Board, created–members, appointment,
qualifications, terms–chairman.


287.907. Administrator, hiring of,
qualifications, compensation–powers of board, generally.


287.909. Administrator, duties of, bond
required–immunity from liability, board and employees


287.910. Rates, board to determine, how.


287.912. Investment policy, board to
determine–administrator to make investments, how.


287.915. Agents may sell policies,
commissions.


287.917. Workplace safety program,
administrator to formulate–safety plan, contents–rates may be reduced, when.


287.919. Company not to receive state
appropriation, exception–revenue bonds, authorization, terms, execution,
procedures.


287.920 Audit required, when,
procedure–report, contents, governor and general assembly to
receive–administrator to formulate budget –department of insurance,
duties–subscribers to be provided policy, when.


287.930. Definitions.


287.932. Act not applicable, when–unfair
trade practices, when.


287.935. Insurer and advisory organization not
to make agreement restraining trade–insurer must use uniform experience rating
plan–exceptions.


287.937. Director may conduct
examinations–insurer and advisory organizations to maintain records,
purpose–cost of examination–outstate examination may be accepted.


287.940. Penalties for violations, director
may impose–each day a separate violation, when–license may be suspended or
revoked, when.


287.942. Competitive market presumed to exist,
when–reasonable degree of competition, factors.


287.947. Insurers to file rate information in
competitive market with the director, purpose–noncompetitive market,
information filed–form of filing–public inspection.


287.950. Competitive market, rates not to be
excessive, inadequate, unfairly discriminatory.


287.952. Rate standards in noncompetitive
market, factors.


287.955. Insurers to adhere to uniform
classification system, plan–director to designate advisory organization,
purpose, duties.


287.957. Experience rating plan, contents.


287.960. Disapproval of rate, when,
how–procedures, director’s powers–effect.


287.962. Hearings, when, conduct of–findings
made, when–right to judicial determination.


287.965. Aggrieved party may file application
with director, hearing held, when–findings, effect of.


287.967. Advisory organization must obtain
license, restrictions–license, application–designation of by director,
duration.


287.970. Advisory organization not to file
rates on behalf of insurer, exception.


287.972. Advisory organization’s permitted
activities–director may allow pure premium rate data to be distributed.


287.975. Pure premium rate, schedule of rates,
filed with director, when –payroll differential, advisory organization to
collect data, when, purpose.

Missouri State Offices and Contacts
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State Offices and Contacts

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