Workers Compensation Legislation - Missouri

HCS/SCS/SB 901 - The Committee on Legislative Research shall form a committee to present quarterly reports on the Second Injury Fund. Beginning August 28, 2008, no claim for permanent partial disability shall be made against the Second Injury Fund. All rights to compensation for permanent total disability shall cease upon the death of the injured employee. Only accrued benefits for permanent total disability will be paid to dependents upon their death. Permanent total disability payments shall cease when the employee is able to compete for employment in the open labor market or returns to work. The Labor and Industrial Relations Commission shall retain jurisdiction in the case during the lifetime of an employee who has received an award for permanent total disability. The Second Injury Fund is renamed the Veterans and Permanent Total Disability Fund. Currently, the Treasurer with advice and consent of the Attorney General may enter into settlement agreements for claims against [...]

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SCS/SB 929 - This act bars employers with 5 or more employees from knowingly misclassifying employees. Employers must submit federal IRS 1099-MISC forms to the Department of Revenue and penalties for failing to do so are provided. The Attorney General has the power to investigate alleged misclassifications and enforce the section. A process is established by which the Department of Labor may receive complaints and forward them to the Attorney General if they decide the complaint has merit. The state carries the burden of proving that the employer misclassified the worker and there is a rebuttable presumption that an unauthorized alien is an employee under the act and shall be treated so if the employer cannot produce an I-9 form verifying the legal status of the worker or other forms verifying the individual is an independent contractor. Injunctions may be sought and employers shall be charged $50 per day per misclassified worker up to a maximum of $50,000 for violations. Penalties are [...]

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SB 966 - This act creates the Line of Duty Compensation Act which provides additional workers' compensation benefits in the amount of $100,000 for firefighters, law enforcement, emergency medical technicians, paramedics, aviation medical crew members, department of corrections employees, and juvenile justice employees who are killed in the line of duty. For coverage to apply, the death must occur within 300 weeks of an injury received in the course of duty of the respective profession, and must be caused by violence or accident. Those subject to death arising out of willful misconduct or intoxication are excluded from coverage. Specific instances of coverage for law enforcement, firefighters, emergency medical technicians, aviation medical crew members, and paramedics are enumerated including death sustained when traveling to and from employment, and certain off-duty activities. Burial benefits of up to $10,000 shall be awarded to the surviving spouse, dependent, or estates of [...]

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SB 1164 - Under the act, all rights to unaccrued compensation for permanent total disability shall cease upon the death of the injured employee. Unpaid unaccrued compensation for permanent partial disability will continue to be paid to dependents. Rights to receive permanent total disability shall terminate when the employee is eligible to receive full Social Security retirement benefits or other retirement benefits. If the employee begins receiving such benefits before the compensable injury occurs, the employee may receive permanent total disability for two years offset by 50% of the weekly retirement benefit. Currently, when an injured employee receives permanent total disability and is returned to his or her regular work or equivalent, payments are suspended during the time the employee is able to work. This act requires such compensation to terminate at the time the employee is able to compete for employment in the open labor market or returns to work. Disabilities previously [...]

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SB 1164 - Under the act, all rights to unaccrued compensation for permanent total disability shall cease upon the death of the injured employee. Unpaid unaccrued compensation for permanent partial disability will continue to be paid to dependents. Rights to receive permanent total disability shall terminate when the employee is eligible to receive full Social Security retirement benefits or other retirement benefits. If the employee begins receiving such benefits before the compensable injury occurs, the employee may receive permanent total disability for two years offset by 50% of the weekly retirement benefit. Currently, when an injured employee receives permanent total disability and is returned to his or her regular work or equivalent, payments are suspended during the time the employee is able to work. This act requires such compensation to terminate at the time the employee is able to compete for employment in the open labor market or returns to work. Disabilities previously [...]

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SB 966 - This act creates the Line of Duty Compensation Act which provides additional workers' compensation benefits in the amount of $100,000 for firefighters, law enforcement, emergency medical technicians, paramedics, aviation medical crew members, department of corrections employees, and juvenile justice employees who are killed in the line of duty. For coverage to apply, the death must occur within 300 weeks of an injury received in the course of duty of the respective profession, and must be caused by violence or accident. Those subject to death arising out of willful misconduct or intoxication are excluded from coverage. Specific instances of coverage for law enforcement, firefighters, emergency medical technicians, aviation medical crew members, and paramedics are enumerated including death sustained when traveling to and from employment, and certain off-duty activities. Burial benefits of up to $10,000 shall be awarded to the surviving spouse, dependent, or estates of [...]

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SCS/SB 929 - This act bars employers with 5 or more employees from knowingly misclassifying employees. Employers must submit federal IRS 1099-MISC forms to the Department of Revenue and penalties for failing to do so are provided. The Attorney General has the power to investigate alleged misclassifications and enforce the section. A process is established by which the Department of Labor may receive complaints and forward them to the Attorney General if they decide the complaint has merit. The state carries the burden of proving that the employer misclassified the worker and there is a rebuttable presumption that an unauthorized alien is an employee under the act and shall be treated so if the employer cannot produce an I-9 form verifying the legal status of the worker or other forms verifying the individual is an independent contractor. Injunctions may be sought and employers shall be charged $50 per day per misclassified worker up to a maximum of $50,000 for violations. Penalties are [...]

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