Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 2 - Procedure › Section 8 CSR 50-2.020 - Administration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  administrative functions of the division, including acceptance and withdrawal
				  from Chapter 287, RSMo, filing of documents, storage of documents, requests for
				  documents, and maintenance of division records.
(1) Any employer exempted by section
				287.090,
				RSMo, or any employer who is not covered by the provisions of Chapter 287,
				RSMo, because of section
				287.030, RSMo,
				who desires to operate under the provisions of Chapter 287, RSMo, may do so by
				purchasing a valid workers' compensation insurance policy with an insurance
				carrier that is authorized to insure workers' compensation liabilities in the
				state of Missouri through the Missouri Department of Insurance. The insurance
				carrier must file proof of workers' compensation insurance coverage with the
				division or its designee.
(A) An employer who
				has elected to be covered under the provisions of Chapter 287, RSMo, may elect
				to withdraw that election by filing with the division, or its designee, on a
				form prescribed by the division.
(B) The division verifies proof of workers'
				compensation insurance coverage including non-renewals and cancellations
				through the National Council of Compensation Insurance (NCCI) which is the
				designated "advisory organization" pursuant to section
				287.930, RSMo, et
				seq.
(C) Employers that meet the
				statutory exception for two (2) owner corporations set out in section
				287.090.5, RSMo, may elect to withdraw from coverage under Chapter 287, RSMo,
				by filing an election to withdraw with the division, or its designee, on a form
				prescribed by the division.
(D)
				Upon request an exception from the provisions of the workers' compensation law
				may apply with respect to certain employees who are members of a recognized
				religious sect or division as defined in
				26
				U.S.C. 1402(g), by reason of
				which they are conscientiously opposed to accepting public or private insurance
				which makes payments in the event of death, disability, old age, or retirement
				or makes payments toward the cost of, or provides services for, medical bills,
				including the benefits of any insurance system established under the Federal
				Social Security Act,
				42 U.S.C.
				301 to
				42 U.S.C.
				1397 jj.
1.
				Any applicant requesting an exception as indicated in subsection (D) above,
				must simultaneously file with the division at PO Box 58, Jefferson City, MO
				65102, the following forms:
A. Section
				287.804
				Application for Religious Exception from the provisions of the Missouri
				Workers' Compensation Law;
B.
				Employee's Affidavit and Waiver of Workers' Compensation Benefits;
				and
C. Employer's Affidavit of
				Exception from Workers' Compensation Benefits.
2. If the division grants the religious
				exception, the employee waives his/her rights to any benefits under the
				workers' compensation law.
3. An
				exception shall be valid until such employee rescinds the election to reject
				benefits under the law or the religious sect or division of which the employee
				is a member ceases to meet the requirements of section 287.804.1,
				RSMo.