reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 285 - Employers and Employees Generally › Section 285.1040 - Intergovernmental agreement and memorandum of understanding, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 285
• Effective - 28 Aug 2023
285.1040. Intergovernmental agreement and memorandum of understanding, when. —
The board may enter into an intergovernmental agreement or memorandum of understanding with the state of Missouri, another state or states, and any agency thereof to receive outreach, technical assistance, enforcement and compliance services, collection or dissemination of information pertinent to the plan, subject to such obligations of confidentiality as may be agreed or required by law, or other services or assistance. The state of Missouri, another state or states, and any agency thereof that enters into such agreements or memoranda of understanding shall collaborate to provide the outreach, assistance, information, and compliance or other services or assistance to the board. The memoranda of understanding may cover the sharing of costs incurred in gathering and disseminating information and the reimbursement of costs for any enforcement activities or assistance.
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(L. 2023 S.B. 20 merged with S.B. 75)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 285 - Employers and Employees Generally › Section 285.1050 - Recordkeeping — audits — report, contents.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 285
• Effective - 28 Aug 2023
285.1050. Recordkeeping — audits — report, contents. —
1. The board shall keep an accurate account of all the activities, operations, receipts, and expenditures of the plan, the trust, and the board. Each year, a full audit of the books and accounts of the board pertaining to those activities, operations, receipts and expenditures, personnel, services, or facilities shall be conducted by a certified public accountant and shall include, but not be limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not state employees for the administration of the plan. For the purposes of the audit, the auditors shall have access to the properties and records of the plan and board and may prescribe methods of accounting and the rendering of periodic reports in relation to projects undertaken by the plan.
2. By August first of each year, the board shall submit to the governor, the state treasurer, the president pro tempore of the senate, and the speaker of the house of representatives a public report on the operation of the plan and trust and activities of the board, including an audited financial report, prepared in accordance with generally accepted accounting principles, detailing the activities, operations, receipts, and expenditures of the plan and board during the preceding calendar year. The report shall also include a summary of the benefits provided by the plan, the number of participants, average account balance, the number of participating employers, the contribution formulas and amounts of contributions made by participants and by each participating employer, the withdrawals, the account balances, total assets under management, investments, investment returns, fees and expenses associated with the investments and with the administration of the plan, projected activities of the plan for the current calendar year, and any other information regarding the plan and its operations that the board may determine to provide.
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(L. 2023 S.B. 20 merged with S.B. 75)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 285 - Employers and Employees Generally › Section 285.1055 - Plan contribution start date — phase in permitted.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 285
• Effective - 28 Aug 2023
285.1055. Plan contribution start date — phase in permitted. —
1. The board shall establish the plan so that individuals are able to begin contributing under the plan on or before September 1, 2025.
2. The board may, in its discretion, phase in the plan so that the ability to contribute first applies on different dates for different classes of individuals, including employees of employers of different sizes or types and individuals who are not employees; provided that, any such staged or phased-in implementation schedule shall be substantially completed on or before September 1, 2025.
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(L. 2023 S.B. 20 merged with S.B. 75)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.001 - Definitions.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 2011
286.001. Definitions. —
As used in this chapter, unless the context clearly states otherwise, the following terms mean:
(1)
"Commission"
, the labor and industrial relations commission;
(2)
"Department"
, the department of labor and industrial relations;
(3)
"Director"
, the director of the department of labor and industrial relations;
(4)
"Division"
, the divisions of employment security, labor standards and workers' compensation; and
(5)
"Division heads"
, the division directors for each of the divisions.
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(L. 1995 H.B. 300 & 95, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.010 - Creation of department of labor and industrial relations — industrial relations commission of Missouri — members, appointment, qualifications — chairman.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
• Effective - 28 Aug 1995
286.010. Creation of department of labor and industrial relations — industrial relations commission of Missouri — members, appointment, qualifications — chairman. —
There is hereby created and established a separate department of the state government to be known as "The Department of Labor and Industrial Relations". Such department shall be under the control, management and supervision of a commission to be known and designated as "The Labor and Industrial Relations Commission of Missouri". Such commission shall consist of three members, each of whom shall have resided in this state for at least five years immediately prior to the person's appointment, to be appointed by the governor, by and with the advice and consent of the senate. One member of the commission shall be a person who, on account of the person's previous vocation, employment, affiliation or interests shall be classified as a representative of employers, and one member who, on account of the person's previous vocation, employment, affiliation or interests shall be classified as a representative of employees, and one member, who, by reason of the person's previous activities and interests shall be classified as a representative of the public and who is licensed to practice law in the state of Missouri; provided, however, that not more than two members of the commission shall be of the same political party. A member of the commission shall be designated by the governor as the chairman of the commission. During the member's term of membership on the commission, no member shall engage in any other business, vocation or employment, or serve as an officer or committee member of any political party or organization. Any two commissioners shall constitute a quorum. The governor shall fill any vacancy within sixty days but no vacancy shall impair the right of the remaining commissioners to exercise all powers of the commission.
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(L. 1945 p. 1101 § 1. A.L. 1995 H.B. 300 & 95)
(1972) Where the final award and the order denying the motion to vacate were signed by two members of the commission thus constituting a quorum or majority, they were acts of the commission and were totally within its powers even though the member dissenting each time was a different member. Graphenreed v. Ford Motor Company (A.), 472 S.W.2d 68.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.020 - Term of office — vacancies — confirmation before the senate — failure to receive confirmation, effect — removal of member.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 2005
286.020. Term of office — vacancies — confirmation before the senate — failure to receive confirmation, effect — removal of member. —
The term of office of each member of the commission shall be six years except that when first constituted one member shall be appointed for two years, one for four years and one for six years, and thereafter all vacancies shall be filled as they occur. The terms of office of the first members of the commission shall begin on the date of their appointment which shall be within thirty days after the effective date of this chapter. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed by the governor, by and with the advice and consent of the senate, for the remainder of such term. Every commission member appointed to serve, either as a permanent, an acting, a temporary, an interim, or as a legislative recess appointment, shall appear for confirmation before the senate within thirty days after the senate next convenes for regular session. Any member appointed to or serving the labor and industrial relations commission without senate confirmation after said time period shall immediately resign from the commission and shall not be reappointed to the same office or position in accordance with Section 51 of Article IV of the Missouri Constitution. The governor may remove any member of the commission, after notice and hearing, for gross inefficiency, mental or physical incapacity, neglect of duties, malfeasance, misfeasance or nonfeasance in office, incompetence or for any offense involving moral turpitude or oppression in office.
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(L. 1945 p. 1101 § 2, A.L. 1995 H.B. 300 & 95, A.L. 2005 S.B. 1 & 130)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.040 - Commission to appoint a secretary — qualifications — duties — salary.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.040. Commission to appoint a secretary — qualifications — duties — salary. —
The commission shall appoint a secretary who shall serve at the pleasure of the commission. The secretary shall be a citizen and a qualified voter of this state and shall have had at least five years' experience in business or public administration or office management. The secretary shall keep full and true records of all proceedings of the commission and copies of all rules, regulations, decisions and orders made by the commission and he shall be responsible to it for the safe custody and preservation of such records and documents. Under the direction of the commission, the secretary shall have general charge of its office, superintend its clerical business, coordinate the work of the various divisions of the department, and perform such other duties as the commission may prescribe. The secretary shall receive a salary in an amount to be fixed by the commission.
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(L. 1945 p. 1101 § 4, A.L. 1947 V. II p. 278, A.L. 1957 p. 571, A.L. 1963 p. 408, A.L. 1980 H.B. 1266, A.L. 1995 H.B. 300 & 95)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.050 - Oath of office.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.050. Oath of office. —
Each member of the commission, the secretary and each head of a division within the department, before entering upon the person's duties shall take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state and to faithfully discharge the duties of the person's office.
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(L. 1945 p. 1101 § 5, A.L. 1995 H.B. 300 & 95)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.070 - Cost of administering each law, how paid.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
• Effective - 28 Aug 1995
286.070. Cost of administering each law, how paid. —
The board of public buildings shall provide suitable offices for the commission. All costs, except the salaries of the commissioners, the secretary of the commission, clerks, stenographers, statisticians and attorneys, as may be reasonably required in the performance of the commission's duties, including cost of furniture, equipment, materials, supplies, repairs, additions, travel, operations, salaries, printing, shall be paid out of the general revenue, and the general assembly shall make adequate appropriations for all such expenses. The commission shall employ and fix the compensation of such clerks, stenographers, statisticians and attorneys as may be reasonably required in the performance of the commission's duties. Said compensation shall be funded by the divisions of employment security, labor standards and workers' compensation according to the workload received by the commission from said divisions, and assigned to said personnel.
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(L. 1945 p. 1101 § 7, A.L. 1947 V. II p. 278, A.L. 1995 H.B. 300 & 95)
CROSS REFERENCE:
Legal advisors to commission to serve as special consultants to the board of trustees for the Missouri state employees' retirement system, 104.332
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.080 - Record of every hearing to be kept.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1945
286.080. Record of every hearing to be kept. —
A full and complete record of every hearing held by the commission or by any of the divisions within the department shall be kept. All testimony at any such hearing shall be recorded, but need not be transcribed unless needed in connection with further appeals.
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(L. 1945 p. 1101 § 8)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.090 - Written statement of findings in appealed cases.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.090. Written statement of findings in appealed cases. —
In every appeal coming before the commission from any of the divisions of the department, the commission shall prepare and file a written statement giving the commission's findings of fact and conclusions of law on the matters in issue in such appeal together with the reasons for the commission's decision in the appeal; except that a decision of a division of the department meeting the requirements of this section may be affirmed or adopted without such written statement.
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(L. 1945 p. 1101 § 9, A.L. 1967 p. 381, A.L. 1995 H.B. 300 & 95)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.100 - Central offices in Jefferson City.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.100. Central offices in Jefferson City. —
The commission and each of the divisions in the department shall keep their central offices in Jefferson City. The board of public buildings, or such agency as may exercise the powers and duties now performed by such board, shall, as far as practicable and as soon as possible, furnish centralized office space and quarters for the department and each of its divisions.
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(L. 1945 p. 1101 § 11, A.L. 1995 H.B. 300 & 95)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.110 - Divisions of department created.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.110. Divisions of department created. —
There is hereby created within the department the following divisions:
(1) The division of workers' compensation;
(2) The division of employment security; and
(3) The division of labor standards.
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(L. 1945 p. 1101 § 12, A.L. 1947 V. II p. 278, A. 1949 S.B. 1102, A.L. 1995 H.B. 300 & 95)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.120 - Division of workers' compensation supervised by director, term of office, powers, bond.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.120. Division of workers' compensation supervised by director, term of office, powers, bond. —
Subject to the supervision of the director of the department of labor and industrial relations, the division of workers' compensation shall be supervised and controlled by a division director who shall be appointed by and report to the director of the department of labor and industrial relations. The division director shall have all of the powers now vested by law in administrative law judges by the provisions of the workers' compensation law. Under the supervision of the director of the department of labor and industrial relations, the division director shall exercise such powers, duties and responsibilities as deemed necessary and as prescribed by the director of the department of labor and industrial relations in connection with the administration of the workers' compensation law (chapter 287), and the victims of crime law (chapter 595). Before entering upon the division director's duties, the director of the division of workers' compensation shall give a bond to the state of Missouri in the sum of twenty-five thousand dollars, conditioned that said division director will faithfully account for all moneys and property that may come into the division director's hands by virtue of the division director's office, and if a surety bond is given, the premium therefor shall be paid by the state from the workers' compensation fund.
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(L. 1945 p. 1101 § 12, A.L. 1947 V. II p. 278, A. 1949 S.B. 1102, A.L. 1953 p. 528, A.L. 1957 p. 559, A.L. 1961 p. 423, A.L. 1980 H.B. 1266, H.B. 1396, A.L. 1995 H.B. 300 & 95)
CROSS REFERENCE:
Workers' compensation, Chap. 287
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.121 - Director of department to compile certain statistics — industrial commission administering agency for occupational safety and health act.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.121. Director of department to compile certain statistics — industrial commission administering agency for occupational safety and health act. —
1. The director shall compile or supervise the compilation of all statistics and information relating to occupational injuries and illnesses required by and for the use of the United States Department of Labor in implementing the provisions of the Occupational Safety and Health Act of 1970. The director shall also compile or supervise the compilation of all statistics required of the division by the United States Atomic Energy Commission.
2. The labor and industrial relations commission of the Missouri department of labor and industrial relations, having been designated by the governor as the agency responsible for administering the provisions of the Occupational Safety and Health Act of 1970, is charged with the express duty and responsibility to take all possible steps necessary in order to comply with the terms, provisions and requirements of said act insofar as it is applicable to Missouri.
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(L. 1971 S.B. 362 § 1, A.L. 1980 H.B. 1266, H.B. 1396, A.L. 1981 S.B. 389, A.L. 1995 H.B. 300 & 95)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.130 - Division of employment security supervised by director — powers and duties.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.130. Division of employment security supervised by director — powers and duties. —
Subject to the supervision of the director of the department of labor and industrial relations, the division of employment security is under the control, management and supervision of a director who shall be appointed by the governor as otherwise provided by law. The division director shall perform all duties and have all the powers and responsibilities conferred and imposed upon him by the Missouri employment security law.
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(L. 1945 p. 1101 § 12, A.L. 1947 V. II p. 278, A. 1949 S.B. 1102, A.L. 1957 p. 557, A.L. 1995 H.B. 300 & 95)
CROSS REFERENCE:
Employment security, Chap. 288
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.147 - Director, appointment, powers, duties — investigation of fatal accidents — reports.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 28 Aug 1995
286.147. Director, appointment, powers, duties — investigation of fatal accidents — reports. —
The division of labor standards shall be supervised by a division director who shall be appointed by and report to the director of the department of labor and industrial relations. The division director shall exercise such powers, duties and responsibilities as deemed necessary and as prescribed by the director of the department of labor and industrial relations in connection with the administration of the provisions of chapters 286, 290, 291, 292, 293, 294 and 444 that pertain to the division of labor standards. The division director shall make an investigation of all accidents, occurring in occupations under the statutory jurisdiction of the division, which result in death and file a written report in the office of the division of labor standards and in the office of the department director and make safety recommendations to the employer where the accident occurred.
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(L. 1967 p. 382, A.L. 1995 H.B. 300 & 95)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 286 - Department of Labor and Industrial Relations › Section 286.300 - Administrative fund created — purpose — disbursement — fund shall not lapse to general revenue, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 286
Effective - 01 Jul 1999, see footnote
286.300. Administrative fund created — purpose — disbursement — fund shall not lapse to general revenue, when. —
There is hereby created within the department of labor and industrial relations a "Department of Labor and Industrial Relations Administrative Fund" which shall be administered by the director of the department of labor and industrial relations. Moneys in the fund shall only be expended by the department of labor and industrial relations to administer the laws under the jurisdiction of the department and to provide goods and services which relate to the administration of these laws. The fund shall consist of revenues derived from privileges, conveniences, contracts, goods or services provided by the department of labor and industrial relations or any of the department's agencies to any governmental entity, public or private entities; moneys received as gifts, grants, bequests or contributions from private, federal, county or municipal entities; or other moneys which are transferred or paid to the department of labor and industrial relations or any of the department's agencies. The state treasurer shall be the custodian of the fund and shall provide disbursement from the fund at the request of the director of the department of labor and industrial relations for the reimbursement of goods and services necessary for the administration of the laws within the jurisdiction of the department of labor and industrial relations. Quarterly transfers from departmental funds and general revenue, if appropriate, shall be made on the first day of each quarter of the state fiscal year, except that funding for one-time, extraordinary or nonoperating expenses may be transferred in the first quarter in its entire annual amount. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the fiscal year exceeds one and one quarter times the appropriations from the fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding fiscal year. Interest accruing to the fund shall be part of the fund. The director of the department of labor and industrial relations shall include a reporting of all receipts and expenditures from the fund in the department's annual budget.
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(L. 1999 S.B. 234)
Effective 7-01-99
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.021 - Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1980
287.021. Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined. —
1. As used in this chapter, the term
"employee"
includes a sheriff or deputy sheriff and the term
"employer"
includes a county in regard to a sheriff or deputy sheriff.
2. Each county shall provide workers' compensation insurance in an insurance group licensed to write workers' compensation insurance in this state, or a city also recognized as a county may have at all times sufficient self-insurance coverage, so that all sheriffs and deputy sheriffs in the county or self-insured city recognized as a county will be covered.
3. The
"average earnings"
of a sheriff or deputy sheriff is his annual salary, or fourteen dollars per day, whichever is greater.
4. The provisions of this section shall not be construed to create any tort liability upon a county or to impose any duty upon a county other than complying with this chapter in relation to sheriffs and deputy sheriffs.
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(L. 1973 H.B. 534 § 1, A.L. 1980 H.B. 1396, H.B. 1596)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.030 - Employer defined.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1998
287.030. Employer defined. —
1. The word
"employer"
as used in this chapter shall be construed to mean:
(1) Every person, partnership, association, corporation, limited liability partnership or company, trustee, receiver, the legal representatives of a deceased employer, and every other person, including any person or corporation operating a railroad and any public service corporation, using the service of another for pay;
(2) The state, county, municipal corporation, township, school or road, drainage, swamp and levee districts, or school boards, board of education, regents, curators, managers or control commission, board or any other political subdivision, corporation, or quasi-corporation, or cities under special charter, or under the commission form of government;
(3) Any of the above-defined employers must have five or more employees to be deemed an employer for the purposes of this chapter unless election is made to become subject to the provisions of this chapter as provided in subsection 2 of section 287.090, except that construction industry employers who erect, demolish, alter or repair improvements shall be deemed an employer for the purposes of this chapter if they have one or more employees. An employee who is a member of the employer's family within the third degree of affinity or consanguinity shall be counted in determining the total number of employees of such employer.
2. Any reference to the employer shall also include his or her insurer or group self-insurer.
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(RSMo 1939 § 3694, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1990 S.B. 751, A.L. 1998 H.B. 1237, et al.)
Prior revision: 1929 § 3304
(1958) Where employee of company owning trucks was placed under direction of company which leased a tractor and trailer and latter company had right to control him in performance of his duties, he became employee of leasing company and his general employer was not liable for his accidental death while so employed. Patton v. Patton (Mo.), 308 S.W.2d 739.
(2010) Strict construction of definition of "employer" mandates that a co-employee does not qualify as such and thus is not entitled to invoke employer immunity. Robinson v. Hooker, 323 S.W.3d 418 (Mo.App. W.D.).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.041 - For-hire motor carrier not an employer of a lessor — definition.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.041. For-hire motor carrier not an employer of a lessor — definition. —
Notwithstanding any provision of sections 287.030 and 287.040, for purposes of this law, in no event shall a for-hire motor carrier operating within a commercial zone as defined in section 360.041
*
or section 390.020 or operating under a certificate issued by the Missouri department of transportation or by the United States Department of Transportation, or its subagencies, be determined to be the employer of a lessor, as defined at 49 C.F.R. Section 376.2(f), or of a driver receiving remuneration from a lessor, as defined at 49 C.F.R. Section 376.2(f), provided, however, the term
"for-hire motor carrier"
shall in no event include an organization described in Section 501(c)(3) of the Internal Revenue Code or any governmental entity.
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(L. 2005 S.B. 1 & 130)
*Section 360.041 does not exist.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.043 - Abrogation of case law regarding definition of owner.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.043. Abrogation of case law regarding definition of owner. —
In applying the provisions of subsection 1 of section 287.020 and subsection 4 of section 287.040, it is the intent of the legislature to reject and abrogate earlier case law interpretations on the meaning of or definition of "owner", as extended in the following cases: Owner Operator Independent Drivers Ass'n., Inc. v. New Prime, Inc., 133 S.W.3d 162 (Mo. App. S.D., 2004); Nunn v. C.C. Midwest, 151 S.W.3d 388 (Mo. App. W.D., 2004).
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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 287.060 - Employers and employees affected by this act.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1974
287.060. Employers and employees affected by this act. —
Every employer and every employee, except as in this chapter otherwise provided, shall be subject to the provisions of this chapter and respectively to furnish and accept compensation as herein provided.
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(RSMo 1939 § 3690, A.L. 1953 p. 535, A.L. 1965 p. 397, A.L. 1974 S.B. 417)
Prior revision: 1929 § 3300
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.061 - Occupational or business license for construction contractors, city or county — duty to require proof of workers' compensation coverage, when, effect.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1998
287.061. Occupational or business license for construction contractors, city or county — duty to require proof of workers' compensation coverage, when, effect. —
1. Any city or county which issues an occupational or business license for a contractor in the construction industry shall require a certificate of insurance for workers' compensation coverage or an affidavit, the form of which shall be developed by the division, signed by the applicant attesting that the contractor is exempt. No city or county shall have the duty to investigate any certificate of insurance or affidavit filed pursuant to this section.
2. Any contractor who fails to comply with the provisions of subsection 1 of this section shall be denied such a license until he or she furnishes a certificate of insurance.
3. It is unlawful, pursuant to section 287.128, for any contractor to provide fraudulent information pursuant to this section.
4. Nothing in this section shall be construed to create or constitute a liability to or a cause of action against a city or county in regard to the issuance of any license pursuant to this section.
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(L. 1993 S.B. 251 § 15, A.L. 1998 H.B. 1237, et al.)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.063 - Occupational diseases, presumption of exposure — last employer liable — statute of limitations, starts running, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.063. Occupational diseases, presumption of exposure — last employer liable — statute of limitations, starts running, when. —
1. An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, he is employed in an occupation or process in which the hazard of the disease exists, subject to the provisions relating to occupational disease due to repetitive motion, as is set forth in subsection 8 of section 287.067.
2. The employer liable for the compensation in this section provided shall be the employer in whose employment the employee was last exposed to the hazard of the occupational disease prior to evidence of disability, regardless of the length of time of such last exposure, subject to the notice provision of section 287.420.
3. The statute of limitation referred to in section 287.430 shall not begin to run in cases of occupational disease until it becomes reasonably discoverable and apparent that an injury has been sustained related to such exposure, except that in cases of loss of hearing due to industrial noise said limitation shall not begin to run until the employee is eligible to file a claim as hereinafter provided in section 287.197.
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(L. 1959 S.B. 167 § 287.201, A.L. 1974 S.B. 417, A.L. 1983 H.B. 243 & 260, A.L. 1993 S.B. 251, A.L. 2005 S.B. 1 & 130)
(2002) Even though claimant's repetitive motion symptoms originated with prior employers, under last exposure rule the last employer to expose claimant is solely liable for such occupational diseases. Endicott v. Display Technologies, Inc., 77 S.W.3d 612 (Mo.banc).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.070 - Occupational diseases directly related to cleanup of an illegal drug manufacturing lab.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1998, 2 histories
287.070. Occupational diseases directly related to cleanup of an illegal drug manufacturing lab. —
Disease of the lungs or respiratory tract or disease of the heart or cardiovascular system, including carcinoma, may be recognized as occupational diseases for the purposes of chapter 287, and are defined to be disability due to exposure to smoke, gases, or inadequate oxygen, for peace officers certified pursuant to chapter 590, or any person assisting in the cleanup or disposal if a direct causal relationship is established to exposure to an illegal controlled substance manufacturing laboratory.
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(L. 1998 H.B. 1147, et al. § 6)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.100 - Legislative intent relative to other laws expressed.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.100. Legislative intent relative to other laws expressed. —
Nothing in this chapter shall be construed as amending or repealing any statute or ordinance relating to associations or funds for the relief, pension, retirement, or other benefit of firemen, policemen, or other public employees, their widows, children or dependents, or as in any manner interfering with such associations, funds or benefits, now or hereafter established, but any such public employees, his widow, children or dependents, who shall receive compensation under this chapter shall have deducted from any benefit otherwise payable by any pension or other benefit fund to which the municipal corporation or other public employer contributes, a part of such benefit proportionate to the amount then being contributed to such fund by such employer, which deductions shall be made only during the compensation period. Nor shall anything in this chapter be construed as interfering with the right of any public employee to draw full wages, or collect and retain his full fees, so long as he holds his office, appointment or employment, but the period during which the same are received after the injury shall be deducted from the period of compensation payments due hereunder.
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(RSMo 1939 § 3696)
Prior revision: 1929 § 3306
(1982) Applying workers' compensation law to constitutional charter city did not violate provision of Article VI, Section 22 prescribing enactment of laws creating or fixing powers, duties or compensation of any municipal office or employment. City of St. Louis v. Grimes (Mo.), 630 S.W.2d 82.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.110 - Scope of chapter as to injuries and diseases covered.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 14 Dec 2005, see footnote
287.110. Scope of chapter as to injuries and diseases covered. —
1. This chapter shall apply to all cases within its provisions except those exclusively covered by any federal law.
2. This chapter shall apply to all injuries received and occupational diseases contracted in this state, regardless of where the contract of employment was made, and also to all injuries received and occupational diseases contracted outside of this state under contract of employment made in this state, unless the contract of employment in any case shall otherwise provide, and also to all injuries received and occupational diseases contracted outside of this state where the employee's employment was principally localized in this state within thirteen calendar weeks of the injury or diagnosis of the occupational disease.
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(RSMo 1939 § 3700, A.L. 1974 S.B. 417, A.L. 2005 S.B. 1 & 130, A.L. 2005 1st Ex. Sess. S.B. 4)
Prior revision: 1929 § 3310
Effective 12-14-05
(1977) Despite policy provision excluding coverage on accidents occurring outside Missouri, Workmen's Compensation Law applies and insurer is liable on accidents occurring outside of state where contract of employment was made in state. Payne v. St. Louis Grain Corp. (A.), 562 S.W.2d 102.
(1986) A choice of law provision in an employment contract may be disregarded in workers' compensation cases. Miller v. Hirschbach Motor Lines, Inc., 714 S.W.2d 652 (Mo. App.).
(1993) Where Missouri statute specifically precludes recovery for work-related injuries if injuries are exclusively covered by any federal law, injuries sustained by dredge operator were recoverable under federal Jones Act which provides for personal injury suffered by any seaman in course of his employment; therefore, any amount received by plaintiff under workers' compensation was recoverable by insurer. Commercial Union Insurance Co. v. McKinnon, 10 F.3d 1352 (8th Cir.).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.124 - Department of labor and industrial relations, certification of employer safety programs, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 01 Jan 1994, see footnote
287.124. Department of labor and industrial relations, certification of employer safety programs, when. —
The department of labor and industrial relations shall complete all applications filed prior to January 1, 1994, from employers for certification of employer safety programs.
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(L. 1993 S.B. 251 § 36)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.126 - Toll-free telephone number for workers' compensation information, division to establish.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1992
287.126. Toll-free telephone number for workers' compensation information, division to establish. —
The division of workers' compensation shall establish a toll-free number for employees injured on the job to provide information regarding employees' rights, obligations and benefits under the Missouri workers' compensation law. Such number shall be accessible during normal business hours and shall be answered by personnel of the division of workers' compensation adequately trained to respond to such inquiries.
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(L. 1992 H.B. 975)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.130 - Employer's liability joint and several — contribution allowable.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.130. Employer's liability joint and several — contribution allowable. —
If the injury or death occurs while the employee is in the joint service of two or more employers, their liability shall be joint and several, and the employee may hold any or all of such employers. As between themselves such employers shall have contribution from each other in the proportion of their several liability for the wages of such employee but nothing in this chapter shall prevent such employers from making a different distribution of their proportionate contributions as between themselves.
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(RSMo 1939 § 3697)
Prior revision: 1929 § 3307
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.143 - Vocational rehabilitation services, not mandatory — testing and assessment.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.143. Vocational rehabilitation services, not mandatory — testing and assessment. —
As a guide to the interpretation and application of sections 287.144 to 287.149, sections 287.144 to 287.149 shall not be construed to require the employer to provide vocational rehabilitation to a severely injured employee. An employee shall submit to appropriate vocational testing and a vocational rehabilitation assessment scheduled by an employer or its insurer.
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(L. 1990 S.B. 751, A.L. 2005 S.B. 1 & 130)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.145 - Rehabilitation practitioners, providers, certification of, how.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jul 1991, see footnote
287.145. Rehabilitation practitioners, providers, certification of, how. —
1. Any person who has met the requirements in section 287.144 for a rehabilitation practitioner shall request in written form certification from the division. The division shall, after confirming that such person meets the qualifications of a rehabilitation practitioner, register and certify that the person is a certified rehabilitation practitioner.
2. Rehabilitation practitioners who do not work for an approved rehabilitation provider and who enter the vocational rehabilitation workers' compensation field after January 1, 1990, must obtain certification by the national board for certified counselor certification, or such person must meet the qualifications set forth by the Missouri division of workers' compensation.
3. Rehabilitation providers, as defined in section 287.144, must request in written form certification from the division. The division shall, upon confirming that the rehabilitation provider meets the requirements set forth in section 287.144, register and certify such provider.
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(L. 1990 S.B. 751)
Effective 7-01-91
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.146 - Employee authorized to receive vocational rehabilitation, when — duties of director.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jul 1991, see footnote
287.146. Employee authorized to receive vocational rehabilitation, when — duties of director. —
1. When an employee has sustained injury of sufficient severity, as provided in section 287.148, as the result of an injury arising out of and in the course of employment, the employee may, if authorized by the employer and the insurer, receive vocational rehabilitation services that are reasonably necessary to restore him to suitable, gainful employment.
2. The director shall administer sections 287.144 to 287.149, and shall:
(1) Maintain a registry of all qualified rehabilitation providers and rehabilitation practitioners whether public or private, including practitioners directly employed by an insurer, employer or self-insurer that render rehabilitation services to injured workers in this state;
(2) Analyze and report annually the results and cost of rehabilitation assignments;
(3) Review vocational rehabilitation plans and disapprove within fourteen days of receipt, if such plans do not meet criteria set forth in subsections 1 to 5
*
of section 287.148. The director may review plans and supervise the completion of approved plans;
(4) Review the progress of rehabilitation under the applicable plan filed by the rehabilitation practitioner or provider to determine if such plan meets the criteria set forth in subsections 1 to 5 of section 287.148 throughout the period the plan is in force;
(5) Appoint vocational rehabilitation monitors to assist in the implementation of subdivisions (3) to (5) of this subsection. A monitor shall have the qualifications as set forth for vocational rehabilitation practitioners and at least two years of experience in the field of workers' compensation disabilities.
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(L. 1990 S.B. 751)
Effective 7-01-91
*Number "7" appears in original rolls.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.149 - Benefits to be paid, when — reduction of benefits, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 2017, 2 histories
287.149. Benefits to be paid, when — reduction of benefits, when. —
1. Temporary total disability or temporary partial disability benefits shall be paid throughout the rehabilitative process until the employee reaches maximum medical improvement, unless such benefits are terminated by the employee's return to work or are terminated as otherwise specified in this chapter.
2. The permanency of the employee's disability under sections 287.170 to 287.200 shall not be established, determined or adjudicated while the employee is participating in rehabilitation services.
3. Refusal of the employee to accept rehabilitation services or submit to a vocational rehabilitation assessment as deemed necessary by the employer shall result in a fifty percent reduction in all disability payments to an employee, including temporary partial disability benefits paid pursuant to section 287.180, for each week of the period of refusal.
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(L. 1990 S.B. 751, A.L. 2017 S.B. 66)