reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.195 - Claims for hernia, proof required.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1980
287.195. Claims for hernia, proof required. —
In all claims for compensation for hernia resulting from injury arising out of and in the course of the employment, it must be definitely proved to the satisfaction of the division or the commission:
(1) That there was an accident or unusual strain resulting in hernia;
(2) That the hernia did not exist prior to the accident or unusual strain resulting in the injury for which compensation is claimed.
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(RSMo 1939 § 3705, A.L. 1947 V. II p. 438, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1955 p. 588, A.L. 1957 p. 560 § 287.191, A.L. 1965 p. 397, A.L. 1980 H.B. 1396)
(1963) Claimant not entitled to recover compensation for strangulation of preexisting inguinal hernia. Wright v. J.A. Tobin Const. Co. (A.), 365 S.W.2d 742.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.203 - Termination of compensation by employer, employee right to hearing — assessment of costs.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2017, 2 histories
287.203. Termination of compensation by employer, employee right to hearing — assessment of costs. —
Whenever the employer has provided compensation under section 287.170, 287.180 or 287.200, and terminates such compensation, the employer shall notify the employee of such termination and shall advise the employee of the reason for such termination. If the employee disputes the termination of such benefits, the employee may request a hearing before the division and the division shall set the matter for hearing within thirty days of such request and the division shall hear the matter on the date of hearing and no continuances or delays may be granted except upon a showing of good cause or by consent of the parties. The division shall render a decision within thirty days of the date of hearing. If the division or the commission determines that any proceedings have been brought, prosecuted, or defended without reasonable grounds, the division may assess the whole cost of the proceedings upon the party who brought, prosecuted, or defended them.
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(L. 1993 S.B. 251, A.L. 2005 S.B. 1 & 130, A.L. 2017 S.B. 66)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.215 - Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence — statement, what is not to be included.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.215. Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence — statement, what is not to be included. —
No statement in writing made or given by an injured employee, whether taken and transcribed by a stenographer, signed or unsigned by the injured employee, or any statement which is mechanically or electronically recorded, or taken in writing by another person, or otherwise preserved, shall be admissible in evidence, used or referred to in any manner at any hearing or action to recover benefits under this law unless a copy thereof is given or furnished the employee, or his dependents in case of death, or their attorney, within thirty days after written request for it by the injured employee, his dependents in case of death, or by their attorney. The request shall be directed to the employer or its insurer by certified mail. The term
"statement"
as used in this section shall not include a videotape, motion picture, or visual reproduction of an image of an employee.
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(L. 1959 S.B. 167, A.L. 1965 p. 397, A.L. 1973 H.B. 215, A.L. 2005 S.B. 1 & 130)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.230 - Payment of compensation at death of employee — exceptions — abrogation of case law.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 26 Jun 2008, see footnote
287.230. Payment of compensation at death of employee — exceptions — abrogation of case law. —
1. The death of the injured employee shall not affect the liability of the employer to furnish compensation as in this chapter provided, so far as the liability has accrued and become payable at the time of the death, and any accrued and unpaid compensation due the employee shall be paid to his dependents without administration, or if there are no dependents, to his personal representative or other persons entitled thereto, but the death shall be deemed to be the termination of the disability.
2. Where an employee is entitled to compensation under this chapter, exclusive of compensation as provided for in section 287.200, for an injury received and death ensues for any cause not resulting from the injury for which the employee was entitled to compensation, payments of the unpaid unaccrued compensation under section 287.190 and no other compensation for the injury shall be paid to the surviving dependents at the time of death.
3. In applying the provisions of this chapter, it is the intent of the legislature to reject and abrogate the holding in Schoemehl v. Treasurer of the State of Missouri, 217 S.W.3d 900 (Mo. 2007), and all cases citing, interpreting, applying, or following this case.
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(RSMo 1939 § 3708, A.L. 1965 p. 397, A.L. 2008 H.B. 1883)
Prior revision: 1929 § 3318
Effective 6-26-08
(1954) Award of benefits to dependent for weeks after the death of employee (from independent cause) held proper under subsection 2 of this section. Henderson v. National Bearing Division (A.), 267 S.W.2d 349.
(2008) Interpretation of law decided while other cases are pending applies prospectively to all actions pending on and prospective to date on which opinion was issued. Strait v. Treasurer of Missouri, 257 S.W.3d 600 (Mo.banc).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.241 - Death benefits, inconsistent with section 287.240, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1980
287.241. Death benefits, inconsistent with section 287.240, when. —
The dependent and the employer may, by agreement, enter into a structured settlement which provides for different weekly benefits than provided in section 287.240. Any such settlement must be secured by indemnity insurance issued by a company approved by the Missouri department of commerce and insurance.
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(L. 1980 H.B. 1396)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.245 - Volunteer firefighters, grants for workers' compensation insurance premiums — or critical illness benefits pool.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 2023, 3 histories
287.245. Volunteer firefighters, grants for workers' compensation insurance premiums — or critical illness benefits pool. —
1. As used in this section, the following terms shall mean:
(1)
"Association"
, volunteer fire protection associations as defined in section 320.300;
(2)
"State fire marshal"
, the state fire marshal selected under the provisions of sections 320.200 to 320.270
*
;
(3)
"Volunteer firefighter"
, the same meaning as in section 287.243;
(4)
"Voluntary critical illness benefits pool"
or
"pool"
, the same meaning as in section 320.400.
2. (1) Any association may apply to the state fire marshal for a grant for the purpose of funding such association's costs related to workers' compensation insurance premiums for volunteer firefighters.
(2) Any voluntary critical illness benefits pool may apply to the state fire marshal for a grant for the voluntary critical illness benefits pool.
3. Subject to appropriations, the state fire marshal may disburse grants to any applying volunteer fire protection association subject to the following schedule:
(1) Associations which had zero to five volunteer firefighters receive workers' compensation benefits from claims arising out of and in the course of the prevention or control of fire or the underwater recovery of drowning victims in the preceding calendar year shall be eligible for two thousand dollars in grant money;
(2) Associations which had six to ten volunteer firefighters receive workers' compensation benefits from claims arising out of and in the course of the prevention or control of fire or the underwater recovery of drowning victims in the preceding calendar year shall be eligible for one thousand five hundred dollars in grant money;
(3) Associations which had eleven to fifteen volunteer firefighters receive workers' compensation benefits from claims arising out of and in the course of the prevention or control of fire or the underwater recovery of drowning victims in the preceding calendar year shall be eligible for one thousand dollars in grant money;
(4) Associations which had sixteen to twenty volunteer firefighters receive workers' compensation benefits from claims arising out of and in the course of the prevention or control of fire or the underwater recovery of drowning victims in the preceding calendar year shall be eligible for five hundred dollars in grant money.
4. Grant money disbursed under this section shall only be used for the purpose of paying for the workers' compensation insurance premiums of volunteer firefighters or for the benefit of a voluntary critical illness benefits pool.
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(L. 2016 S.B. 613 merged with S.B. 700 merged with S.B. 732, A.L. 2021 S.B. 45, A.L. 2023 S.B. 24 merged with S.B. 186)
*Section 320.270 was repealed by H.B. 57, 1987.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.252 - Cafeteria plan payroll deductions, not to reduce computation of employee compensation.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1993
287.252. Cafeteria plan payroll deductions, not to reduce computation of employee compensation. —
Where an employer has established a cafeteria plan for the employees of the employer in accordance with Section 125 of Title 26 United States Code, no payroll deduction or other reduction in salary of any employee made for the purpose of participating in such cafeteria plan shall have the effect of reducing the compensation amount used in calculating the employee's compensation or wages for the purpose of any workers' compensation claim governed by this chapter.
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(L. 1993 H.B. 609 § 1)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.253 - Monetary bonus, effect on benefits.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.253. Monetary bonus, effect on benefits. —
A monetary bonus, paid by an employer to an employee, of up to three percent of the employee's yearly compensation from such employer shall not have the effect of increasing the compensation amount used in calculating the employee's compensation or wages for purposes of any workers' compensation claim governed by 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 287.260 - Compensation to have priority — not assignable — exceptions.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1986
287.260. Compensation to have priority — not assignable — exceptions. —
1. The compensation payable under this chapter, whether or not it has been awarded or is due, shall not be assignable, shall be exempt from attachment, garnishment, and execution, shall not be subject to setoff or counterclaim, or be in any way liable for any debt and in case of the insolvency of an employer or his insurer, or the levy of an attachment or an execution against an employer or insurer shall be entitled to the same preference and priority as claims for wages, without limit as to time or amount, except that if written notice is given to the division or the commission of the nature and extent thereof, the division or the commission may allow as lien on the compensation, reasonable attorney's fees for services in connection with the proceedings for compensation if the services are found to be necessary and may order the amount thereof paid to the attorney in a lump sum or in installments. All attorney's fees for services in connection with this chapter shall be subject to regulation by the division or the commission and shall be limited to such charges as are fair and reasonable and the division or the commission shall have jurisdiction to hear and determine all disputes concerning the same.
2. Notwithstanding subsection 1 of this section, the compensation payable under this chapter other than compensation for medical expenses and therapy under section 287.141, shall be assignable for the purpose of satisfying child support obligations, shall be subject to attachment, garnishment and execution for the purpose of collecting and satisfying unpaid and delinquent child support obligations, and shall be subject to the lien provided for in section 454.517. Section 452.140 shall apply to limit property exemptions available in an action to collect child support under this subsection.
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(RSMo 1939 § 3711, A.L. 1965 p. 397, A.L. 1986 H.B. 1479)
Prior revision: 1929 § 3321
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.270 - Benefits from other sources no bar to compensation, exception, professional athletes.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1998
287.270. Benefits from other sources no bar to compensation, exception, professional athletes. —
No savings or insurance of the injured employee, nor any benefits derived from any other source than the employer or the employer's insurer for liability under this chapter, shall be considered in determining the compensation due hereunder; except as provided in subsection 3
*
of section 287.170, and employers of professional athletes under contract shall be entitled to full credit for wages or benefits paid to the employee after the injury including medical, surgical or hospital benefits paid to or for the employee or his dependents on account of the injury, disability, or death, pursuant to the provisions of the contract.
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(RSMo 1939 § 3712, A.L. 1984 H.B. 1106, A.L. 1998 H.B. 1237, et al.)
Prior revision: 1929 § 3322
*Subsection 3 of section 283.170 was removed by S.B. 1 & 130, 2005. This language no longer exists.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.282 - Employee leasing arrangements, coverage required.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1992
287.282. Employee leasing arrangements, coverage required. —
1. Notwithstanding the provisions of subsection 1 of section 287.280, every employer who obtains part of his work force from another entity through an employee leasing arrangement, or who employs the services of an entity through an employee leasing arrangement, may be required to cover his liability under the provisions of this chapter, through separate coverages or separate self-insurance on his leased employees and his nonleased employees. The director of the department of commerce and insurance may, by rule, establish the standards and procedures by which insurance coverage shall be provided to employers using only leased employees, and to employers using both leased and nonleased employees. The director of the division of workers' compensation may, by a rule, establish the standards and procedures for qualification for self-insurance for employers using only leased employees and for employers using both leased and nonleased employees.
2. Such rules shall include, but not be limited to, the registration of employee leasing arrangements prior to their eligibility for insurance, or self-insurance, the information reporting requirements for both employee leasing arrangements and for employers who use such arrangements, the extent to which a client employer's experience shall determine the premium or bond or other security amount for coverage on leased employees, and the procedures by which such coverage or self-insurance on leased employees shall be issued, endorsed, audited, cancelled and nonrenewed.
3. For purposes of this section, the term
"employee leasing arrangement"
shall not include temporary help service arrangements which assign their employees to clients for a finite period of time to support or supplement the client's work force in special work situations, such as employee absences, temporary skill shortages and seasonal workloads, and which are not knowingly utilized as a mechanism of depriving one or more insurers of premiums which otherwise are properly payable.
4. When an employee leasing company leases employees to only one client company and its affiliates, there is a rebuttable presumption that the client company entered into an employee leasing arrangement to avoid the calculation of the proper contribution rate for payment of workers' compensation through insurance or self-insurance.
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(L. 1992 H.B. 975 § 2)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.290 - Employee not to pay cost of insurance.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.290. Employee not to pay cost of insurance. —
No part of the cost of such insurance shall be assessed against, collected from or paid by any employee.
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(RSMo 1939 § 3714)
Prior revision: 1929 § 3324
(1963) Where city failed to maintain minimum security required for self-insurer claimant had right to common law action for damages or to pursue remedy for compensation and city would not be permitted to claim that claimant, whose common law action had been dismissed on city's representation that it was a self-insurer, by thereafter filing claim for compensation had elected to pursue that remedy in absence of knowledge of true facts concerning city's status. Fisher v. City of Independence (Mo.), 370 S.W.2d 310.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.300 - Employer's liability primary or secondary — notice and service, when sufficient.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1965
287.300. Employer's liability primary or secondary — notice and service, when sufficient. —
If the employer is not insured his liability hereunder shall be primary and direct. If he is insured his liability shall be secondary and indirect, and his insurer shall be primarily and directly liable hereunder to the injured employee, his dependents or other persons entitled to rights hereunder. On the request of the division or the commission and at every hearing the employer shall produce and furnish it with a copy of his policy of insurance, and on demand the employer shall furnish the injured employee, or his dependents, with the correct name and address of his insurer, and his failure to do so shall be prima facie evidence of his failure to insure, but the presumption shall be conclusively rebutted by an entry of appearance of his insurer. Both the employer and his insurer shall be parties to all agreements or awards of compensation, but the same shall not be enforceable against the employer, except on motion and proof of default by the insurer. Service on the employer shall be sufficient to give the division or the commission jurisdiction over the person of both the employer and his insurer, and the appearance of the employer in any proceeding shall also constitute the appearance of his insurer, provided that after appearance by an insurer, the insurer shall be entitled to notice of all proceedings hereunder.
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(RSMo 1939 § 3715, A.L. 1965 p. 397)
Prior revision: 1929 § 3325
(1964) Compensation award was void for lack of jurisdiction as against insurance company where company had appeared specially to deny that it was employer's insurer on date of employee's injury and subsequent notices of hearing were not sent to insurance company and stated that insurer was unknown. Woodruff v. Tourville Quarry, Inc. (A.), 381 S.W.2d 14.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.340 - Insurance companies must keep reserve.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.340. Insurance companies must keep reserve. —
No insurance carrier shall write any insurance against liability hereunder unless it maintains such reserves as are required by law, or in the absence thereof such reserves as may be required by the director of the department of commerce and insurance, the power to require and regulate which is hereby vested in said director.
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(RSMo 1939 § 3718)
Prior revision: 1929 § 3328
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.350 - Insurance companies to make report.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.350. Insurance companies to make report. —
Every insurance carrier writing insurance for liability hereunder, or the liability of employers rejecting this chapter, shall report to the director of the department of commerce and insurance, in accordance with such rules as he may adopt, such information as he may at any time require for the purpose of determining the solvency of carrier or the fairness, reasonableness and adequacy of its rates, and for such purposes the director may inspect the books and records of such carriers and examine its officers, agents and servants under oath.
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(RSMo 1939 § 3719)
Prior revision: 1929 § 3329
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.360 - Director may suspend or revoke permits and ask for a receiver.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1939
287.360. Director may suspend or revoke permits and ask for a receiver. —
For any violation of the provisions of this chapter the director of the department of commerce and insurance may suspend or revoke the authority of any insurance carrier to do business in this state. If any insurance carrier fails or delays to pay any compensation finally determined to be due, the director shall hear the complaint, and if such failure is without reasonable excuse he may revoke or suspend the authority of such carrier to do business in this state, and in a proper case may apply for the appointment of a receiver for such carrier.
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(RSMo 1939 § 3720)
Prior revision: 1929 § 3330
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.370 - Compensation in lieu of insurance, how provided.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1939
287.370. Compensation in lieu of insurance, how provided. —
Any employer or group of employers may enter into or continue any agreement with his or their employees to provide a system of compensation benefits or insurance in lieu of the compensation and insurance provided by this chapter. Such substitute system and insurance shall be subject to the approval of the director of the department of commerce and insurance and shall not be approved by him unless they confer benefits upon injured employees or their dependents at least equivalent to the benefits provided by this chapter, nor if they require contributions from employees, unless they confer benefits in addition to those provided under this chapter at least commensurate with such contribution. Appeals shall lie to the commission from any decision, award or order made by or under such substitute system. Such substitute system and insurance may be terminated by the director of the department of commerce and insurance on reasonable notice and hearing to the interested parties, if it shall appear that the same is not fairly administered, or if its operation shall disclose latent defects threatening its solvency or if for any other substantial reason it fails to accomplish the purposes of this chapter; and in this case the director of the department of commerce and insurance shall determine upon the proper distribution of all remaining assets, if any, subject to the right of any party in interest to have such action reviewed by a court of competent jurisdiction.
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(RSMo 1939 § 3721)
Prior revision: 1929 § 3331
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.400 - Accident — duty of division — employer.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1965
287.400. Accident — duty of division — employer. —
Upon receipt of notice of any accident for which compensation other than that provided in section 287.140 is payable, the division shall inform the employee generally of his rights under this chapter. The employer shall notify the division as soon as payment of compensation is commenced and when terminated, and shall file with the division, at the time of notice of termination, a physician's report. In the event a dispute arises between the employer and the employee regarding the payment of compensation, the division shall assist the employee in filing a claim and securing an early adjudication thereof.
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(RSMo 1939 § 3724, A.L. 1947 V. II p. 447, A.L. 1965 p. 397)
Prior revision: 1929 § 3334
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.410 - Powers and functions of the division of workers' compensation.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1980
287.410. Powers and functions of the division of workers' compensation. —
The division shall have and exercise such of the powers and functions of the commission in the administration of the workers' compensation law as the commission may by regulation prescribe; provided, however, that the power and duty to review any award made under the workers' compensation law, as authorized by sections 287.470 and 287.480, may not be delegated, but such power and duty shall be exercised exclusively by the commission; and provided further, that the commission shall exercise no authority with respect to the selection or tenure of office of any individual appointed or employed by the division in the administration of the workers' compensation law.
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(L. 1945 p. 1996 § 3744A, A.L. 1980 H.B. 1396)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.440 - Limitation begins to run, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1980
287.440. Limitation begins to run, when. —
Where recovery is denied to any person in a suit brought at law or in admiralty to recover damages in respect of bodily injury or death on the ground that the person was an employee and the defendant was an employer subject to and within the meaning of this chapter, or when recovery is denied to any person in an action brought under the provisions of a workers' compensation law of any other state or jurisdiction on the ground that the person was an employee under and subject to the provisions of this chapter, the limitation of time prescribed in section 287.430 shall begin to run from the date of the ultimate termination or abandonment of such suit or compensation proceeding, when such suit or compensation proceedings are filed within two years after the filing by the employer of the report of injury or death complained of, or in case payments have been made on account of the injury or death, within two years from the date of the last payment.
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(L. 1941 p. 717 § 3727a, A.L. 1947 V. II p. 445, A.L. 1965 p. 419, A.L. 1980 H.B. 1396)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.450 - Failure to agree on compensation — division to hold hearings.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 2012
287.450. Failure to agree on compensation — division to hold hearings. —
If the employer and employee or his dependents do not agree in regard to compensation payable under this chapter, either party may make application in a manner determined by the division for a hearing in regard to the matters at issue and for a ruling thereon, except that no application for a hearing shall be considered until fourteen days after the receipt by the division of the report of accident required under section 287.380. The fourteen-day waiting period is not applicable to applications for hardship hearings. After the application has been received, the division shall set a date for a hearing, which shall be held as soon as practicable, and shall notify the interested parties of the time and place of the hearing.
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(RSMo 1939 § 3728, A.L. 1947 V. II p. 447, A.L. 1965 p. 397, A.L. 1992 H.B. 975, A.L. 2012 H.B. 1540)
Prior revision: 1929 § 3338
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.460 - Division hearings, findings sent to parties and insurer — mediation services, division to establish procedures, requirements.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2012
287.460. Division hearings, findings sent to parties and insurer — mediation services, division to establish procedures, requirements. —
1. The division, through an administrative law judge, shall hear in a summary proceeding the parties at issue and their representatives and witnesses and shall determine the dispute by issuing the written award within ninety days of the last day of the hearing. The hearing shall be concluded within thirty days of the date of commencement of the hearing, except in extraordinary circumstances where a lengthy trial or complex issues necessitate a longer time than ninety days. All evidence introduced at any such hearings shall be reported by a competent reporter appointed by the division or be recorded by electronic means. The award, together with a statement of the findings of fact, rulings of law and any other matters pertinent to the question at issue, shall be filed with the record of proceedings, and a copy of the award shall immediately be sent by electronic means or in the case of an unrepresented employee, by United States mail, to the parties in dispute and the employer's insurer.
2. The division of workers' compensation shall develop by rule procedures whereby mediation services are provided to the parties in a claim for workers' compensation benefits whereby claims may be mediated by the parties at a prehearing conference when the division determines that a claim may be settled or upon application for a mediation settlement conference filed by either party.
3. The division may require the parties to produce at the mediation conference all available medical records and reports. Such mediation conference shall be informal to ascertain the issues and attempt to resolve the claim or other pending issues. Such mediation conference may be set at any time prior to the commencement of the evidentiary hearing and nothing in this section shall be interpreted to delay the setting of the matter for hearing. Upon the request of any party, a person providing mediation settlement services shall be disqualified from conducting any evidentiary hearing relating to the claim without limiting the rights conferred by section 287.810.
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(RSMo 1939 § 3729, A.L. 1945 p. 1996, A.L. 1953 p. 529, A.L. 1977 S.B. 400, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2012 H.B. 1540)
Prior revision: 1929 § 3339
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.470 - Commission may review and change award.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1939
287.470. Commission may review and change award. —
Upon its own motion or upon the application of any party in interest on the ground of a change in condition, the commission may at any time upon a rehearing after due notice to the parties interested review any award and on such review may make an award ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this chapter, and shall immediately send to the parties and the employer's insurer a copy of the award. No such review shall affect such award as regards any moneys paid.
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(RSMo 1939 § 3730)
Prior revision: 1929 § 3340
(1951) In order to obtain award on ground of change in condition, injured employee must show his condition has grown worse, not that it was always worse than commission found it to be. Brammer v. Binkley Mining Co. (A.), 244 S.W.2d 584.
(1963) Commission's finding that claimant, previously found to be totally and permanently disabled, who had become satisfactory full time employee of state hospital, had undergone substantial change in condition was supported by substantial evidence. Vandaveer v. Reinhart & Donovan Construction Co. (A.), 370 S.W.2d 156.
(1981) The Labor and Industrial Relations Commission does not have jurisdiction to reopen a workers' compensation award after payment period has ended. Yokel v. Beta Corp. (A.), 615 S.W.2d 78.
(1985) The term "at any time" as it appears in this section means before payment of the award or before the expiration of the time during which the award is to be paid, whichever is later. Holman v. Normandy Osteopathic Hospital (A.), 691 S.W.2d 360.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.495 - Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 1998
287.495. Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980. —
1. The final award of the commission shall be conclusive and binding unless either party to the dispute shall, within thirty days from the date of the final award, appeal the award to the appellate court. The appellate court shall have jurisdiction to review all decisions of the commission pursuant to this chapter where the division has original jurisdiction over the case. Venue as established by subsection 2 of section 287.640 shall determine the appellate court which hears the appeal. Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall, under its certificate, return to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and award, which shall thereupon become the record of the cause. Upon appeal no additional evidence shall be heard and, in the absence of fraud, the findings of fact made by the commission within its powers shall be conclusive and binding. The court, on appeal, shall review only questions of law and may modify, reverse, remand for rehearing, or set aside the award upon any of the following grounds and no other:
(1) That the commission acted without or in excess of its powers;
(2) That the award was procured by fraud;
(3) That the facts found by the commission do not support the award;
(4) That there was not sufficient competent evidence in the record to warrant the making of the award.
2. The provisions of this section shall apply to all disputes based on claims arising on or after August 13, 1980.
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(L. 1980 H.B. 1396, A.L. 1998 H.B. 1237, et al.)
(2003) A reviewing court is not required to view evidence and all reasonable inferences therefrom in light most favorable to Labor and Industrial Relations Commission award. Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo.banc).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.500 - Circuit court may act upon memorandum — procedure.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1963
287.500. Circuit court may act upon memorandum — procedure. —
Any party in interest may file in the circuit court of the county in which the accident occurred, a certified copy of a memorandum of agreement approved by the division or by the commission or of an order or decision of the division or the commission, or of an award of the division or of the commission from which an application for review or from which an appeal has not been taken, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though said judgment were a final judgment which had been rendered in a suit duly heard and determined by said court. Any such judgment of said circuit court unappealed from or affirmed on appeal or modified in obedience to the mandate of the appellate court, whenever modified on account of a changed condition under section 287.470, shall be modified to conform to any decision of the commission, ending, diminishing or increasing any weekly payment under the provisions of section 287.470 upon the presentation to it of a certified copy of such decision.
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(RSMo 1939 § 3733, A.L. 1963 p. 410)
Prior revision: 1929 § 3343
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.510 - Temporary or partial awards may be made.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.510. Temporary or partial awards may be made. —
In any case a temporary or partial award of compensation may be made, and the same may be modified from time to time to meet the needs of the case, and the same may be kept open until a final award can be made, and if the same be not complied with, the amount equal to the value of compensation ordered and unpaid may be doubled in the final award, if the final award shall be in accordance with the temporary or partial award.
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(RSMo 1939 § 3734, A.L. 2005 S.B. 1 & 130)
Prior revision: 1929 § 3344
(1953) Contention that temporary award could be doubled on final award only where defense is found frivolous or vexatious denied. Cebak v. John Nooter Boiler Works (A.), 258 S.W.2d 262.
(1953) The making of a temporary award was not res adjudicata, after the time for review thereof had expired, as to the adjudication of the question of medical expenses even though medical treatment began before referee's hearing and continued thereafter. Finn v. Harrison (A.), 255 S.W.2d 93.
(1953) This section vests discretion in the commission to determine whether an award should be doubled, and its determination therein is not to be disturbed unless commission acted arbitrarily or abused discretion. Powers v. Universal Atlas Cement Co. (A.), 261 S.W.2d 512.
(1975) Double penalty for failure to comply with award not a proper matter for original consideration in the court of appeals. Todd v. Goostree (A.), 528 S.W.2d 470.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.520 - Notice — manner of serving.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2012
287.520. Notice — manner of serving. —
1. Any notice required under this chapter shall be deemed to have been properly given and served when sent by registered or certified mail properly stamped and addressed to the person or entity to whom given, at the last known address in time to reach the person or entity in due time to act thereon, or to counsel for that person or entity in like manner. Notice may also be given and served in like manner as summons in civil actions.
2. Notwithstanding the provisions of subsection 1 of this section, the division may serve or send any notices required under this chapter by electronic means, except that any notices required to be sent to an employee not represented by counsel shall be sent by registered or certified mail to the last known address of the employee unless the employee consents to receive notices by electronic means. In the event the employee is represented by counsel and counsel is sent proper notice under this chapter, notice to the employee may be sent by regular mail.
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(RSMo 1939 § 3735, A.L. 1965 p. 397, A.L. 1987 H.B. 564, A.L. 2012 H.B. 1540)
Prior revision: 1929 § 3345
(1975) "Last known address" is that place where mail would be most likely to reach a person, that would be their residence. Failure of commission to send notice of award to residence prevented loss of jurisdiction because of 30-day rule in section 287.490. Cagle v. Regal Plastics Company (A.), 522 S.W.2d 7.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.530 - Commission or division may commute compensation, when and how.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1998
287.530. Commission or division may commute compensation, when and how. —
1. The compensation provided in this chapter may be commuted by the division or the commission and redeemed by the payment in whole or in part, by the employer, of a lump sum which shall be fixed by the division or the commission, which sum shall be equal to the commutable value of the future installments which may be due under this chapter, taking account of life contingencies, the payment to be commuted at its present value upon application of either party, with due notice to the other, if it appears that the commutation will be for the best interests of the employee or the dependents of the deceased employee, or that it will avoid undue expense or undue hardship to either party, or that the employee or dependent has removed or is about to remove from the United States or that the employer has sold or otherwise disposed of the greater part of his business or assets.
2. In determining whether the commutation asked for will be for the best interest of the employee or the dependents of the deceased employee, or so that it will avoid undue expense or undue hardship to either party, the division or the commission will constantly bear in mind that it is the intention of this chapter that the compensation payments are in lieu of wages and are to be received by the injured employee or his dependents in the same manner in which wages are ordinarily paid. Therefore, commutation is a departure from the normal method of payment and is to be allowed only when it clearly appears that some unusual circumstances warrant such a departure.
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(RSMo 1939 § 3736, A.L. 1965 p. 397, A.L. 1998 H.B. 1237, et al.)
Prior revision: 1929 § 3346
(1971) Industrial Commission was without authority to delegate duty of determining amount of lump sum settlement and expressing it in terms of a money award as this was judicial function of the commission. American Oil Co. v. Pierce (A.), 472 S.W.2d 458.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.540 - Compensation commuted — funds, how paid out.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1939
287.540. Compensation commuted — funds, how paid out. —
On notice to the other parties the commission or court may permit the employer to be discharged from further liability under any agreement, award or judgment for compensation by furnishing to the person entitled thereto an annuity or other obligation, approved by the commission or court, by which payment is assumed by some responsible person, or by depositing the commutable value thereof with the commission to be disbursed to the persons entitled thereto in such manner as the commission shall determine.
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(RSMo 1939 § 3737)
Prior revision: 1929 § 3347
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.550 - Proceedings before commission to be informal and summary.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 2005
287.550. Proceedings before commission to be informal and summary. —
All proceedings before the commission or any commissioner shall be simple, informal, and summary, and without regard to the technical rules of evidence, and in accordance with section 287.800. All such proceedings shall be according to such rules and regulations as may be adopted by the commission.
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(RSMo 1939 § 3739, A.L. 2005 S.B. 1 & 130)
Prior revision: 1929 § 3349
(1959) Where application for appeal from the referee specified the various findings and contended that they were unsupported by evidence, the application for appeal to the commission was sufficient notwithstanding the sole question related to the extent and nature of the disability of the employee. Collins v. Eichler Heating Co. (A.), 319 S.W.2d 666.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.560 - Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
Effective - 28 Aug 1993
287.560. Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid. —
The division, any administrative law judge thereof or the commission, shall have power to issue process, subpoena witnesses, administer oaths, examine books and papers, and require the production thereof, and to cause the deposition of any witness to be taken and the costs thereof paid as other costs under this chapter. Any party shall be entitled to process to compel the attendance of witnesses and the production of books and papers, and at his own cost to take and use depositions in like manner as in civil cases in the circuit court, except that depositions may be recorded by electronic means. The party electing to record a deposition by electronic means shall be responsible for the preparation and proper certification of the transcript and for maintaining a copy of the tape or other medium on which the deposition was recorded for the use of the division or any party upon request. Copies of the transcript shall be provided to all parties at a cost approved by the division. Subpoena shall extend to all parts of the state, and may be served as in civil actions in the circuit court, but the costs of the service shall be as in other civil actions. Each witness shall receive the fees and mileage prescribed by law in civil cases, but the same shall not be allowed as costs to the party in whose behalf the witness was summoned unless the persons before whom the hearing is had shall certify that the testimony of the witness was necessary. All costs under this section shall be approved by the division and paid out of the state treasury from the fund for the support of the Missouri division of workers' compensation; provided, however, that if the division or the commission determines that any proceedings have been brought, prosecuted or defended without reasonable ground, it may assess the whole cost of the proceedings upon the party who so brought, prosecuted or defended them. The division or the commission may permit a claimant to prosecute a claim as a poor person as provided by law in civil cases.
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(RSMo 1939 § 3740, A.L. 1965 p. 397, A.L. 1980 H.B. 1396, A.L. 1993 S.B. 251)
Prior revision: 1929 § 3350