reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.570 - Contempt — penalty.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.570. Contempt — penalty. —
If any person subpoenaed to appear at any hearing or proceeding, fails to obey the command of such subpoena without reasonable cause, or if any person at attendance at any hearing or proceeding shall without reasonable cause, refuse to be sworn, or to be examined, or to answer a question, or to produce a book or paper or to subscribe or swear to his deposition, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and may be prosecuted therefor in any court of competent jurisdiction, and in case of a continuing violation, each day's continuance thereof shall be, and deemed to be, a separate and distinct offense.
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(RSMo 1939 § 3741)
Prior revision: 1929 § 3351
(1959) Information charging refusal of witness to answer question held adequate, but where motion to dismiss was also based on witness' right to refuse on ground of self-incrimination, the information was properly dismissed. State v. Topel (A.), 322 S.W.2d 160.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.580 - Death, pending proceedings — action shall not abate.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.580. Death, pending proceedings — action shall not abate. —
If any party shall die pending any proceedings under this chapter, the same shall not abate, but on notice to the parties may be revived and proceed in favor of the successor to the rights or against the personal representative of the party liable, in like manner as in civil actions.
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(RSMo 1939 § 3742)
Prior revision: 1929 § 3352
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.590 - Division may be sued — official seal.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1980
287.590. Division may be sued — official seal. —
The division may sue and be sued in its official name. The division shall have an official seal bearing the inscription: "The Division of Workers' Compensation of the Department of Labor and Industrial Relations". The official seal of the commission or division shall be affixed to all writs and authentication of copies of records, papers on file, and to such other instruments as the commission or division shall direct. Copies of the records and proceedings of the commission or division, and of all papers on file in its office, certified under the seal, shall be evidence in all courts of the state.
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(RSMo 1939 § 3746, A.L. 1945 p. 1996, A.L. 1965 p. 397, A.L. 1980 H.B. 1396)
Prior revision: 1929 § 3356
CROSS REFERENCES:
Director of division of workers' compensation, 286.120
Division of workers' compensation in state department of labor and industrial relations created, 286.110
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.600 - Oath of office.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1947
287.600. Oath of office. —
Each person appointed to office of employment by the division shall, before entering upon his duties, take and subscribe to an oath or affirmation to support the Constitution of the United States, and of this state, and to faithfully and honestly discharge the duties of such office or employment. Each person appointed to office by the division shall give his whole time to his duties, nor shall he serve on any committee of any political party.
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(RSMo 1939 § 3745, A.L. 1945 p. 1996, A.L. 1947 V. II p. 445)
Prior revision: 1929 § 3355
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.615 - Employees of division — compensation — selection.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 2006, see footnote
*287.615. Employees of division — compensation — selection. —
1. The division may appoint or employ such persons as may be necessary to the proper administration of this chapter. All salaries to clerical employees shall be fixed by the division and approved by the labor and industrial relations commission. Beginning January 1, 2006, the annual salary of each administrative law judge, administrative law judge in charge, and chief legal counsel shall be as follows:
(1) For any chief legal counsel located at the division office in Jefferson City, Missouri, compensation at two thousand dollars above eighty percent of the rate at which an associate circuit judge is compensated;
(2) For each administrative law judge, compensation at ninety percent of the rate at which an associate division circuit judge is compensated;
(3) For each administrative law judge in charge, compensation at the same rate as an administrative law judge plus five thousand dollars.
2. The salary of the director of the division of workers' compensation shall be set by the director of the department of labor and industrial relations, but shall not be less than the salary plus two thousand dollars of an administrative law judge in charge. The appointees in each classification shall be selected as nearly as practicable in equal numbers from each of the two political parties casting the highest and the next highest number of votes for governor in the last preceding state election.
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(RSMo 1939 § 3747, A.L. 1945 p. 1996, A.L. 1951 p. 611, A.L. 1955 p. 599, A.L. 1957 p. 530, A.L. 1959 S.B. 209, H.B. 93 § 287.610, A.L. 1961 p. 428, A.L. 1963 p. 411, A.L. 1965 p. 419, A.L. 1967 p. 392, A.L. 1971 S.B. 190, A.L. 1978 H.B. 1260, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1984 S.B. 528, A.L. 1987 H.B. 564, A.L. 1998 H.B. 1237, et al., A.L. 2005 S.B. 1 & 130)
Prior revision: 1929 § 3357
Effective 1-01-06
*Revisor's Note: Salary adjustment index is printed, as required by § 105.005, in Appendix E.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.620 - Attorney general legal adviser.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1965
287.620. Attorney general legal adviser. —
It shall be the duty of the attorney general to furnish the division or the commission with such legal services as may be required, and to appear on behalf of the division or the commission in all actions or proceedings to which they may be a party.
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(RSMo 1939 § 3748, A.L. 1965 p. 397)
Prior revision: 1929 § 3358
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.630 - Forms, other material furnished by commission and division.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1965
287.630. Forms, other material furnished by commission and division. —
The division and the commission shall prepare and furnish free of charge blank forms of all notices, claims, reports, proofs, and other blank forms and literature which they may deem proper and requisite to the efficient administration of this chapter. They may also authorize the publication and distribution of the blanks by employers and other persons.
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(RSMo 1939 § 3749, A.L. 1965 p. 397)
Prior revision: 1929 § 3359
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.640 - Necessary offices to be provided, where — salaries — traveling expenses, how paid — hearings, where held.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1998
287.640. Necessary offices to be provided, where — salaries — traveling expenses, how paid — hearings, where held. —
1. The division of workers' compensation shall be provided with offices at the state capital, and St. Louis, St. Joseph, Cape Girardeau, Joplin, Springfield and Kansas City, and in such other places, not to exceed two, as the division deems necessary for the efficient disposition of the business of the division, in which offices its records shall be kept, but its permanent records shall be kept in Jefferson City. The division shall also be provided with the necessary office furniture, books, stationery and other supplies. The division and each of its appointees and employees shall have reimbursed to them their actual traveling expenses and disbursements in the discharge of their duties while away from their regular offices and places of residence, but the same shall not be paid until verified by the affidavit of the person who incurred them and approved by the division. All salaries, expenses and costs under this chapter shall be paid monthly out of the state treasury from the fund for the support of the division of workers' compensation of the department of labor and industrial relations.
2. Unless the parties otherwise agree, all original hearings shall be held in the county, or in a city not part of any county, where the accident occurred, or in any county, or such city, adjacent thereto, or if the accident occurred outside of the state, then the hearing shall be held in the county or city where the contract of employment was made, or the county where employment of the employee was principally localized. If venue cannot otherwise be established by this subsection, then the division shall determine the venue of the hearing. The division shall determine the location of the hearing within the county, or city not within a county, of venue.
3. Hearings before the labor and industrial relations commission on review may be held at the place the commission determines, having due regard for the convenience of the parties.
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(RSMo 1939 § 3750, A.L. 1947 V. II p. 449, A.L. 1955 p. 594, A.L. 1957 p. 518, A.L. 1980 H.B. 1396, A.L. 1998 H.B. 1237, et al.)
Prior revision: 1929 § 3360
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.642 - Public information programs, division to establish.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.642. Public information programs, division to establish. —
The division of workers' compensation shall create in each of its area offices a public information program to assist all parties involved with an injury or claim under this chapter.
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(L. 1992 H.B. 975 § 1, A.L. 2005 S.B. 1 & 130)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.650 - Division to make rules and regulations — power to destroy reports, when — rules.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2012
287.650. Division to make rules and regulations — power to destroy reports, when — rules. —
1. The division of workers' compensation shall have such powers as may be necessary to carry out all the provisions of this chapter including the use of electronic processes, and it may make such rules and regulations as may be necessary for any such purpose, subject to the approval of the labor and industrial relations commission of Missouri. The division shall have power to strike pleadings and enter awards against any party or parties who fail or refuse to comply with its lawful orders.
2. (1) The division shall have the power upon the expiration of five years after their receipt to destroy reports of injuries on which no compensation (exclusive of medical costs) was due or paid, together with the papers attendant to the filing of such reports, and also to destroy records in compensable cases after the expiration of ten years from the date of the termination of compensation.
(2) Records in cases that are submitted for hearing in the division shall include all documentary exhibits admitted as evidence at the hearing. Records in all other cases shall include all documents required to be filed with the division by this chapter or by rule of the division, medical reports or records which are relied upon by the administrative law judge or legal advisor in approving the compromise lump sum settlement, and copies of the compromise lump sum settlement. These records shall be kept and stored by the division for a minimum of ten years and shall include the originals or duplicate originals stored by electronic or other means approved by the division.
3. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(RSMo 1939 § 3751, A.L. 1949 p. 627, A.L. 1961 p. 430, A.L. 1980 H.B. 1396, A.L. 1993 S.B. 251, A.L. 1995 S.B. 3, A.L. 1998 H.B. 1237, et al., A.L. 2012 H.B. 1540)
Prior revision: 1929 § 3361
CROSS REFERENCE:
Rules to be filed with secretary of state, when effective, Chap. 536
(1978) Held that a referee (now administrative law judge) may dismiss a workmen's compensation claim for want of prosecution. Cade v. Bendix Corporation (A.), 564 S.W.2d 608.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.655 - Dismissal of claims, when, how, effect.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2012
287.655. Dismissal of claims, when, how, effect. —
Any claim before the division may be dismissed for failure to prosecute in accordance with rules and regulations promulgated by the commission. Such notice shall be made in a manner determined by the division, except that for the employee such notice shall be by certified or registered mail unless the employee to whom notice is directed is represented by counsel and counsel is also given such notice. To dismiss a claim the administrative law judge shall enter an order of dismissal which shall be deemed an award and subject to review and appeal in the same manner as provided for other awards in this chapter.
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(L. 1978 H.B. 1260 § 2, A.L. 1987 H.B. 564, A.L. 2012 H.B. 1540)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.660 - Fees.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1980
287.660. Fees. —
1. The division as agent of the department of revenue shall charge and collect the following fees, to be paid at least once each month into the state treasury to the credit of the fund for the support of the division of workers' compensation of the department of labor and industrial relations:
(1) For copies of papers and records not required to be certified or otherwise authenticated by the commission, ten cents for each one hundred words and figures;
(2) For certified copies of official documents, awards or other records, fifteen cents for each one hundred words and figures, and one dollar for every certificate under seal affixed thereto;
(3) For each certified copy of annual report of the commission, one dollar and fifty cents;
(4) For copies of evidence and proceedings, fifteen cents for each one hundred words and figures;
(5) Also all other fees and charges allowed or required to be collected under this chapter or any other law.
2. The division shall also fix and collect as agent of the department of revenue from the employer the reasonable expense of any investigation necessary to determine his ability to carry his own insurance. No fees shall be charged or collected for copies of papers, records, or official documents furnished to public officers for use in their official capacity, or for annual reports or other matters published by the commission, in the ordinary course of distribution, but the division may fix reasonable charges for publications issued under its authority.
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(RSMo 1939 § 3752, A.L. 1945 p. 1996, A.L. 1980 H.B. 1396)
Prior revision: 1929 § 3362
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.670 - No fees for services of public officers.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1965
287.670. No fees for services of public officers. —
Every public officer, without exacting a fee or charge therefor, shall furnish the commission or the division, on application, with a certified copy of any document, or part thereof, on file in his office, and no public officer shall be entitled to receive from the commission or the division any fee for entering, filing, docketing or recording any document required or authorized by law to be filed in his office.
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(RSMo 1939 § 3753, A.L. 1965 p. 397)
Prior revision: 1929 § 3363
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.680 - Annual report to governor.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1965
287.680. Annual report to governor. —
The commission and division shall make and submit to the governor, on or before the first day of February, in each year, a report containing a full and complete account of its transactions and proceedings under this chapter for the preceding year, together with all statistics and information collected by the division, and such other facts, suggestions and recommendations as it may deem of value, which report shall be laid before the legislature.
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(RSMo 1939 § 3754, A.L. 1945 p. 1996, A.L. 1965 p. 397)
Prior revision: 1929 § 3364
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.700 - Returns delinquent — duty of director.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.700. Returns delinquent — duty of director. —
If any such insurance carrier shall fail or refuse to make the return required by this chapter, the said director shall assess the tax against such insurance carrier or self-insurer at the rate provided for in this chapter on such amount of
*
premiums or deposits as he shall deem just, and the proceedings thereon shall be the same as if the return had been made.
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(RSMo 1939 § 3756)
Prior revision: 1929 § 3366
*Word "or" appears in original rolls.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.713 - Director, report of expenditures.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1982
287.713. Director, report of expenditures. —
The director of the division of workers' compensation shall make and submit to the governor, on or before the first day of February, in each year, a report on the expenditures made from the second injury fund in each of the four categories of liability for the calendar year next preceding and shall make and prepare, as is required, budget requests for payments from the second injury fund.
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(RSMo 1939 § 3757, A.L. 1945 p. 1996, A.L. 1953 p. 524, A.L. 1955 p. 590, A.L. 1967 p. 392 § 287.710.8, A.L. 1980 H.B. 1266, H.B. 1396, A.L. 1982 H.B. 1605)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.716 - Surcharge on deductible plan policyholders, when, calculation of — notification of policyholders.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 2003
287.716. Surcharge on deductible plan policyholders, when, calculation of — notification of policyholders. —
1. For the purpose of providing funds for the administration of the workers' compensation division, the division director shall impose an annual administrative surcharge upon every workers' compensation deductible plan policyholder insured pursuant to the provisions of this chapter. An annual administrative surcharge imposed pursuant to this section shall apply to all workers' compensation policies with a deductible option that are written or renewed on or after January 1, 2004.
2. In calculating the administrative surcharge owed pursuant to the provisions of this chapter for workers' compensation policies with deductible options, the administrative surcharge owed will be based upon the total premiums, which would have been paid for the deductible credit portion of the policy. The annual administrative surcharge assessed shall be set at the same rate as the premium tax imposed by section 287.690 for each calendar year.
3. All workers' compensation insurers shall be notified by the division of workers' compensation within ten days of the determination of the administrative surcharge percentage to be imposed for, and paid in, the following calendar year.
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(L. 2003 S.B. 385)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.720 - Companies withdrawing from state liable for taxes imposed — department of revenue empowered to collect.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1980
287.720. Companies withdrawing from state liable for taxes imposed — department of revenue empowered to collect. —
If any such insurance carrier shall withdraw from business in this state before the tax shall fall due according to the provisions of this chapter, or shall fail or neglect to pay the tax imposed herein, the department of revenue shall at once proceed to collect the same, and it is hereby empowered and authorized to employ such legal process as may be necessary for that purpose and when so collected it
*
shall pay the same into the state treasury as a part of the fund for the support of the Missouri workers' compensation division. The suit may be brought by the department of revenue, in any court of this state having jurisdiction, reasonable attorney's fees may be taxed as costs therein, and process may issue to any county of the state, and may be served as in civil actions or in cases of unincorporated associations, partnerships, interindemnity contracts or other plans or scheme upon the principal agent of the parties thereto.
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(RSMo 1939 § 3758, A.L. 1945 p. 1996, A.L. 1980 H.B. 1396)
Prior revision: 1929 § 3368
*Word "he" appears in original rolls.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.730 - Employer carrying own risk must pay tax.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1965
287.730. Employer carrying own risk must pay tax. —
Wherever the employer carries his risk or whatever substitute schemes for insurance provided for in section 287.370 have been approved, the division shall inform the director of the department of commerce and insurance, who, thereupon, shall assess and in like manner a similar tax shall be collected from the employer carrying his own risk at the same rate and on the same basis as taxes are assessed against insurance carriers, of any character, carrying like risks in this state under the provisions of this chapter.
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(RSMo 1939 § 3759, A.L. 1945 p. 1996, A.L. 1965 p. 397)
Prior revision: 1929 § 3369
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.740 - Compliance with provisions obligatory — penalty for violation.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1939
287.740. Compliance with provisions obligatory — penalty for violation. —
Any person or persons who shall in this state act or assume to act as agent for any such insurance carrier whose authority to do business in this state has been suspended under this chapter, while such suspension remains in force, or shall neglect or refuse to comply with any of the provisions of this chapter obligatory upon such person or party, or who shall willfully make a false or fraudulent statement of the business or condition of any such insurance carrier, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars or by imprisonment in the county jail for not less than one week nor more than one year, or by both such fine and imprisonment.
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(RSMo 1939 § 3760)
Prior revision: 1929 § 3370
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.745 - Delinquent taxes, interest, rate — overpayment of taxes, credit.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 01 Jan 2014, see footnote
287.745. Delinquent taxes, interest, rate — overpayment of taxes, credit. —
1. If the tax imposed by sections 287.690, 287.710, and 287.715 are not paid when due, the taxpayer shall be required to pay, as part of such tax, interest thereon at the rate of one and one-half percent per month for each month or fraction thereof delinquent. In the event the state prevails in any dispute concerning an assessment of tax which has not been paid by the taxpayer, interest shall be paid upon the amount found due to the state at the rate of one and one-half percent per month for each month or fraction thereof delinquent.
2. In any legal contest concerning the amount of tax under sections 287.690, 287.710 and 287.715 for a calendar year, the quarterly installments for the following year shall continue to be made based upon the amount assessed by the director of revenue for the year in question. If after the end of any taxable year, the amount of the actual tax due is less than the total amount of the installments actually paid, the amount by which the amount paid exceeds the amount due shall at the election of the taxpayer be refunded or credited against the tax for the following year and in the event of a credit, deducted from the quarterly installment otherwise due on June first.
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(L. 1982 S.B. 470, A.L. 2013 S.B. 1)
Effective 1-01-14
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.750 - Sufficiency of notice.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.750. Sufficiency of notice. —
Whenever by this chapter any officer is required to give any notice to any insurance carrier, the same may be given by mailing the same, postage prepaid, addressed to the principal office of the insurance carrier or its agent in this state, or to its home or to the secretary, general agent or chief officer thereof in the United States.
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(RSMo 1939 § 3761)
Prior revision: 1929 § 3371
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.760 - Insurance carriers exempt from other tax, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1949
287.760. Insurance carriers exempt from other tax, when. —
Any insurance carrier, foreign or domestic, liable to pay a tax upon its premiums or deposits under this chapter shall not be liable to pay any other or further tax upon such premiums or deposits under any other law of this state.
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(RSMo 1939 § 3762, A. 1949 S.B. 1103)
Prior revision: 1929 § 3372
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.780 - Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2017, 2 histories
287.780. Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined. —
No employer or agent shall discharge or discriminate against any employee for exercising any of his or her rights under this chapter when the exercising of such rights is the motivating factor in the discharge or discrimination. Any employee who has been discharged or discriminated against in such manner shall have a civil action for damages against his or her employer. For purposes of this section,
"motivating factor"
shall mean that the employee's exercise of his or her rights under this chapter actually played a role in the discharge or discrimination and had a determinative influence on the discharge or discrimination.
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(RSMo 1939 § 3725, A.L. 1973 H.B. 79, A.L. 2017 S.B. 66)
Prior revision: 1929 § 3335
(1993) The rights and remedies provided by this section are independent of, in addition to, any rights provided by a collective bargaining agreement. Claim for retaliatory discharge under statute is not preempted by federal labor law. Cook v. Hussmann Corp., 852 S.W.2d 342 (Mo. en banc).
(1998) Law does not abolish the "at-will" doctrine but provides a limited exception. Crabtree v. Bugby, 967 S.W.2d 66 (Mo.banc).
(2006) Section applies to employees alleging that an employer discharged them for previously filing workers' compensation claim against a former employer. Hayes v. Show Me Believers, Inc., 192 S.W.3d 706 (Mo.banc).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.790 - Penalty not specifically provided — misdemeanor.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.790. Penalty not specifically provided — misdemeanor. —
Any person, corporation, his or its directors, officers or agents, or any other person who violates any of the provisions of this chapter for which a penalty has not herein been specifically provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment in the county jail for not less than one week and not more than one year or both such fine and imprisonment.
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(RSMo 1939 § 3763)
Prior revision: 1929 § 3373
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.800 - Law to be strictly construed.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 2005
287.800. Law to be strictly construed. —
1. Administrative law judges, associate administrative law judges, legal advisors, the labor and industrial relations commission, the division of workers' compensation, and any reviewing courts shall construe the provisions of this chapter strictly.
2. Administrative law judges, associate administrative law judges, legal advisors, the labor and industrial relations commission, and the division of workers' compensation shall weigh the evidence impartially without giving the benefit of the doubt to any party when weighing evidence and resolving factual conflicts.
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(RSMo 1939 § 3764, A.L. 1965 p. 397, A.L. 2005 S.B. 1 & 130)
Prior revision: 1929 § 3374
(1964) Where claimant's evidence showed the injury to have resulted from one or the other of two causes, for one of which, and not the other, employer and insurer were liable, claimant did not meet the burden of proof as to causal connection, and argument under § 287.800 that all doubts must be resolved in favor of employee did not extend to authorization of claim lacking some essential element required by law. Welker v. MFA Central Co-op. (A.), 380 S.W.2d 481.
(1965) Statutory injunction that the workmen's compensation law "shall be liberally construed with a view to the public welfare" neither impinges upon the function and right of the industrial commission, as trier of facts, to draw from the evidence such inferences as may be fairly and reasonably permissible, nor authorizes allowance of a claim lacking an essential element required by law. Johnson v. Simpson Oil Co. (A.), 394 S.W.2d 91.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.801 - Review of claims, by whom.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.801. Review of claims, by whom. —
Beginning January 1, 2006, only administrative law judges, the commission, and the appellate courts of this state shall have the power to review claims filed under this chapter.
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(L. 2005 S.B. 1 & 130)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.804 - Waiver of compensation by employee, procedure.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.804. Waiver of compensation by employee, procedure. —
1. An employee may file an application with the division of workers' compensation to be excepted from the provisions of this chapter in respect to certain employees. The application shall include a written waiver by the employee of all benefits under this chapter and an affidavit by the employee and employer, that the employee and employer are members of a recognized religious sect or division, as defined in 26 U.S.C. 1402(g), by reason of which they are conscientiously opposed to acceptance of benefits of any public or private insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical bills, including the benefits of any insurance system established under the Federal Social Security Act, 42 U.S.C. 301 to 42 U.S.C. 1397jj.
2. The waiver and affidavit required by subsection 1 of this section shall be made upon a form to be provided by the division of workers' compensation.
3. An exception granted in regard to a specific employee shall continue to be valid until such employee rescinds the prior rejection of coverage or the employee or sect ceases to meet the requirements of subsection 1 of this section.
4. Any rejection pursuant to subsection 1 of this section shall be prospective in nature and shall entitle the employee only to reject such benefits that accrue on or after the date the rescission form is received by the insurance company.
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(L. 2005 S.B. 1 & 130)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.808 - Burden of proof.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.808. Burden of proof. —
The burden of establishing any affirmative defense is on the employer. The burden of proving an entitlement to compensation under this chapter is on the employee or dependent. In asserting any claim or defense based on a factual proposition, the party asserting such claim or defense must establish that such proposition is more likely to be true than not true.
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(L. 2005 S.B. 1 & 130)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.810 - Change of administrative law judge, procedure, limitations.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1980
287.810. Change of administrative law judge, procedure, limitations. —
1. A change of administrative law judge shall be ordered in any hearing held under this chapter upon the filing of a written application for such change by any party or his agent or attorney. The application need not allege or prove any cause for such change of administrative law judge, and need not be verified.
2. An application for change of administrative law judge must be filed at least thirty days before the hearing date or within five days after a hearing setting date has been made, whichever date is later, unless the administrative law judge who will hear the case has not been
*
designated within that time, in which event the application may be filed within ten days after the administrative law judge has been designated or at any time prior to the hearing, whichever date is earlier.
3. An application for change of administrative law judge may be made by one or more parties, but each party is limited to one such change of judge.
4. Upon the presentation of a timely application for the change of an administrative law judge, the commission shall promptly sustain the application and shall designate another administrative law judge.
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(L. 1980 H.B. 1396)
*Word "be" appears in original rolls.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.811 - Discovery in workers' compensation cases, sections not to effect.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1995
287.811. Discovery in workers' compensation cases, sections not to effect. —
Nothing in sections 536.024, 536.025, 536.037, 536.060, 536.067, 536.073, and section 621.045 shall be deemed to govern discovery between parties in workers' compensation cases.
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(L. 1995 S.B. 3 § 1)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.812 - Definitions.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 2014, 2 histories
287.812. Definitions. —
As used in sections 287.812 to 287.855, unless the context clearly requires otherwise, the following terms shall mean:
(1)
"Administrative law judge"
, any person appointed pursuant to section 287.610 or section 621.015, or any person who hereafter may have by law all of the powers now vested by law in administrative law judges appointed under the provisions of the workers' compensation law;
(2)
"Beneficiary"
, a surviving spouse married to the deceased administrative law judge or legal advisor of the division of workers' compensation continuously for a period of at least two years immediately preceding the administrative law judge's or legal advisor's death and also on the day of the last termination of such person's employment as an administrative law judge or legal advisor for the division of workers' compensation, or if there is no surviving spouse eligible to receive benefits, any minor child of the deceased administrative law judge or legal advisor, or any child of the deceased administrative law judge or legal advisor who, regardless of age, is unable to support himself because of intellectual disability, disease or disability, or any physical handicap or disability, who shall share in the benefits on an equal basis with all other beneficiaries;
(3)
"Benefit"
, a series of equal monthly payments payable during the life of an administrative law judge or legal advisor of the division of workers' compensation retiring pursuant to the provisions of sections 287.812 to 287.855 or payable to a beneficiary as provided in sections 287.812 to 287.850;
(4)
"Board"
, the board of trustees of the Missouri state employees' retirement system;
(5)
"Chief legal counsel"
, any person appointed or employed under section 287.615 to serve in the capacity of legal counsel to the division;
(6)
"Division"
, the division of workers' compensation of the state of Missouri;
(7)
"Legal advisor"
, any person appointed or employed pursuant to section 287.600, 287.615, or 287.616
*
to serve in the capacity as a legal advisor or an associate administrative law judge and any person appointed pursuant to section 286.010 or pursuant to section 295.030, and any attorney or legal counsel appointed or employed pursuant to section 286.070;
(8)
"Salary"
, the total annual compensation paid for personal services as an administrative law judge or legal advisor, or both, of the division of workers' compensation by the state or any of its political subdivisions.
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(L. 1984 H.B. 1106, A.L. 1987 H.B. 564 merged with H.B. 713, A.L. 1994 H.B. 1149, A.L. 1997 H.B. 356, A.L. 1998 H.B. 971, A.L. 2005 S.B. 1 & 130, A.L. 2014 H.B. 1064)
*Section 287.616 was repealed by S.B. 1 & 130, 2005.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.813 - Retirement, administrative law judges and legal advisors — participation in state employees' retirement system required, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 26 Apr 2005, see footnote
287.813. Retirement, administrative law judges and legal advisors — participation in state employees' retirement system required, when. —
Any administrative law judge or legal advisor who is originally employed as such on or after April 26, 2005, and who has not previously been covered by the administrative law judge's and legal advisor's retirement system under sections 287.812 to 287.856, shall not be eligible to participate in that system. Such administrative law judge or legal advisor shall participate in the state employees' retirement system under chapter 104 if otherwise eligible under the applicable provisions of law contained in that chapter.
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(L. 2005 S.B. 202, et al.)
Effective 4-26-05
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.825 - Death of member before or after retirement — benefits of beneficiaries.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 31 Aug 1987, see footnote
287.825. Death of member before or after retirement — benefits of beneficiaries. —
1. On and after August 13, 1984, in the event that a person who is serving as an administrative law judge or legal advisor of the division dies, retirement benefits shall be paid in monthly installments to his beneficiary in the amount equal to fifty percent of the amount of the retirement benefits provided in section 287.820 regardless of the period of his service; except that where the period of service could not have been twelve years or more because of a voluntary or mandatory retirement provision, the retirement benefits provided by this subsection shall be reduced by the proportion that the number of years that he would have lacked serving twelve years had he been able to serve until voluntary or mandatory retirement bears to twelve years. The benefits to the beneficiary provided herein shall commence immediately upon the death of the administrative law judge or legal advisor.
2. In the event a person who has retired under the provisions of sections 287.812 to 287.855 dies, benefits, in the amount equal to fifty percent of the amount of the retirement benefits paid to the person under the provisions of sections 287.820 to 287.830 shall be paid in monthly installments to his beneficiary.
3. In the event that a person dies who has served in this state for an aggregate of twelve years, continuously or otherwise, as an administrative law judge or legal advisor, or both of the divisions and who, after August 13, 1984, ceased or ceases to hold office by reason of the expiration of his term, voluntary resignation or removal by the governor for nondisciplinary reasons, but who has not retired under the provisions of sections 287.812 to 287.855, retirement compensation shall be paid in monthly installments to his beneficiary in the amount equal to fifty percent of the amount of retirement compensation provided in section 287.820. The benefits to the beneficiary provided herein shall commence immediately upon the death of the former administrative law judge or legal advisor.
4. In the event that any surviving spouse receiving benefits under the provisions of sections 287.812 to 287.855 dies leaving a surviving beneficiary as defined in section 287.812, the benefits received by such surviving spouse shall be paid to such surviving beneficiary during the remainder of the period of his eligibility. If such surviving spouse leaves more than one surviving beneficiary, then each beneficiary during the remainder of the period of his eligibility shall receive a pro rata share of the amount paid to the surviving spouse under the provisions of sections 287.812 to 287.855.
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(L. 1984 H.B. 1106, A.L. 1987 H.B. 564)
Effective 8-31-87
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.830 - Retirement with less than twelve years service — benefits.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1984
287.830. Retirement with less than twelve years service — benefits. —
Any administrative law judge or legal advisor who has served as such for less than twelve years and is otherwise qualified under sections 287.812 to 287.855 may elect to retire at age sixty-five, or thereafter, at a reduced retirement benefit in a sum equal to the proportion of the retirement benefit provided in section 287.820 that his period of service as an administrative law judge or legal advisor, or both, of the division bears to twelve years.
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(L. 1984 H.B. 1106)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.835 - Removal from office bars benefits — intentional killing of administrative law judge or legal advisor bars survivor benefits, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1997
287.835. Removal from office bars benefits — intentional killing of administrative law judge or legal advisor bars survivor benefits, when. —
1. No benefits provided pursuant to sections 287.812 to 287.855 shall be paid to any person who has been removed from office by impeachment or for misconduct, nor to any person who has been disbarred from the practice of law, nor to the beneficiary of any such persons.
2. The board of trustees of the Missouri state employees' retirement system shall cease paying benefits to any beneficiary of an administrative law judge or legal advisor who is charged with the intentional killing of the administrative law judge or legal advisor without legal excuse or justification. A beneficiary who is convicted of such charges shall no longer be entitled to receive benefits. If the beneficiary is not convicted of such charge, the board shall resume payment of benefits and shall pay the beneficiary any benefits that were suspended pending resolution of such charge.
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(L. 1984 H.B. 1106, A.L. 1997 H.B. 356)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.840 - Practice of law after retirement — restrictions.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1984
287.840. Practice of law after retirement — restrictions. —
No person, other than a beneficiary, who is receiving retirement benefits under the provisions of sections 287.812 to 287.855 shall engage in the practice of law or do law business unless that person complies with the provisions of sections 476.510 and 476.565.
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(L. 1984 H.B. 1106)