HOUSE BILL NO. 3072 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE VEIT.
6610H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 287.200 and 287.470, RSMo, and to enact in lieu thereof two new sections relating to workers' compensation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 287.200 and 287.470, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 287.200 and 287.470, to read as follows: 287.200. 1. Compensation for permanent total disability shall be paid during the 2 continuance of such disability from the date of maximum medical improvement for the 3 lifetime of the employee at the weekly rate of compensation in effect under this subsection on 4 the date of the injury for which compensation is being made. The word "employee" as used 5 in this section shall not include the injured worker's dependents, estate, or other persons to 6 whom compensation may be payable as provided in subsection 1 of section 287.020. The 7 amount of such compensation shall be computed as follows: 8 (1) For all injuries occurring on or after September 28, 1983, but before September 9 28, 1986, the weekly compensation shall be an amount equal to sixty-six and two-thirds 10 percent of the injured employee's average weekly earnings during the year immediately 11 preceding the injury, as of the date of the injury; provided that the weekly compensation paid 12 under this subdivision shall not exceed an amount equal to seventy percent of the state 13 average weekly wage, as such wage is determined by the division of employment security, as 14 of the July first immediately preceding the date of injury; 15 (2) For all injuries occurring on or after September 28, 1986, but before August 28, 16 1990, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent 17 of the injured employee's average weekly earnings during the year immediately preceding the
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3072 2
18 injury, as of the date of the injury; provided that the weekly compensation paid under this 19 subdivision shall not exceed an amount equal to seventy-five percent of the state average 20 weekly wage, as such wage is determined by the division of employment security, as of the 21 July first immediately preceding the date of injury; 22 (3) For all injuries occurring on or after August 28, 1990, but before August 28, 1991, 23 the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the 24 injured employee's average weekly earnings as of the date of the injury; provided that the 25 weekly compensation paid under this subdivision shall not exceed an amount equal to one 26 hundred percent of the state average weekly wage; 27 (4) For all injuries occurring on or after August 28, 1991, the weekly compensation 28 shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average 29 weekly earnings as of the date of the injury; provided that the weekly compensation paid 30 under this subdivision shall not exceed an amount equal to one hundred five percent of the 31 state average weekly wage; 32 (5) For all injuries occurring on or after September 28, 1981, the weekly 33 compensation shall in no event be less than forty dollars per week. 34 2. Permanent total disability benefits that have accrued through the date of the injured 35 employee's death are the only permanent total disability benefits that are to be paid in 36 accordance with section 287.230. The right to unaccrued compensation for permanent total 37 disability of an injured employee terminates on the date of the injured employee's death in 38 accordance with section 287.230, and does not survive to the injured employee's dependents, 39 estate, or other persons to whom compensation might otherwise be payable. 40 3. (1) All claims for permanent total disability shall be determined in accordance 41 with the facts. When an injured employee receives an award for permanent total disability 42 but by the use of glasses, prosthetic appliances, or physical rehabilitation the employee is 43 restored to his or her regular work or its equivalent, the life payment mentioned in subsection 44 1 of this section shall be suspended during the time in which the employee is restored to his or 45 her regular work or its equivalent. The employer and the division shall keep the file open in 46 the case during the lifetime of any injured employee who has received an award of permanent 47 total disability. In any case where the life payment is suspended under this subsection, the 48 commission may at reasonable times review the case and either the employee or the employer 49 may request an informal conference with the commission relative to the resumption of the 50 employee's weekly life payment in the case. 51 (2) Upon the filing of a written agreement signed by the claimant and his or her 52 attorney, the commission shall change the name, information, or fee arrangement of the 53 attorney or law firm associated with the claimant's case. HB 3072 3
54 4. For all claims filed on or after January 1, 2014, for occupational diseases due to 55 toxic exposure which result in a permanent total disability or death, benefits in this chapter 56 shall be provided as follows: 57 (1) Notwithstanding any provision of law to the contrary, such amount as due to the 58 employee during said employee's life as provided for under this chapter for an award of 59 permanent total disability and death, except such amount shall only be paid when benefits 60 under subdivisions (2) and (3) of this subsection have been exhausted; 61 (2) For occupational diseases due to toxic exposure, but not including mesothelioma, 62 an amount equal to two hundred percent of the state's average weekly wage as of the date of 63 diagnosis for one hundred weeks paid by the employer; and 64 (3) In cases where occupational diseases due to toxic exposure are diagnosed to be 65 mesothelioma: 66 (a) For employers that have elected to accept mesothelioma liability under this 67 subsection, an additional amount of three hundred percent of the state's average weekly wage 68 for two hundred twelve weeks shall be paid by the employer or group of employers such 69 employer is a member of. Employers that elect to accept mesothelioma liability under this 70 subsection may do so by either insuring their liability, by qualifying as a self-insurer, or by 71 becoming a member of a group insurance pool. A group of employers may enter into an 72 agreement to pool their liabilities under this subsection. If such group is joined, individual 73 members shall not be required to qualify as individual self-insurers. Such group shall comply 74 with section 287.223. In order for an employer to make such an election, the employer shall 75 provide the department with notice of such an election in a manner established by the 76 department. The provisions of this paragraph shall expire on December 31, 2038; or 77 (b) For employers who reject mesothelioma under this subsection, then the exclusive 78 remedy provisions under section 287.120 shall not apply to such liability. The provisions of 79 this paragraph shall expire on December 31, 2038; and 80 (4) The provisions of subdivision (2) and paragraph (a) of subdivision (3) of this 81 subsection shall not be subject to suspension of benefits as provided in subsection 3 of this 82 section; and 83 (5) Notwithstanding any other provision of this chapter to the contrary, should the 84 employee die before the additional benefits provided for in subdivision (2) and paragraph (a) 85 of subdivision (3) of this subsection are paid, the additional benefits are payable to the 86 employee's spouse or children, natural or adopted, legitimate or illegitimate, in addition to 87 benefits provided under section 287.240. If there is no surviving spouse or children and the 88 employee has received less than the additional benefits provided for in subdivision (2) and 89 paragraph (a) of subdivision (3) of this subsection the remainder of such additional benefits 90 shall be paid as a single payment to the estate of the employee; HB 3072 4
91 (6) The provisions of subdivision (1) of this subsection shall not be construed to 92 affect the employee's ability to obtain medical treatment at the employer's expense or any 93 other benefits otherwise available under this chapter. 94 5. Any employee who obtains benefits under subdivision (2) of subsection 4 of this 95 section for acquiring asbestosis who later obtains an award for mesothelioma shall not receive 96 more benefits than such employee would receive having only obtained benefits for 97 mesothelioma under this section. 287.470. 1. Upon its own motion or upon the application of any party in interest on 2 the ground of a change in condition, the commission may at any time upon a rehearing after 3 due notice to the parties interested review any award and on such review may make an award 4 ending, diminishing or increasing the compensation previously awarded, subject to the 5 maximum or minimum provided in this chapter, and shall immediately send to the parties and 6 the employer's insurer a copy of the award. No such review shall affect such award as regards 7 any moneys paid. 8 2. Upon the filing of a written agreement signed by the claimant and his or her 9 attorney, the commission shall change the name, information, or fee arrangement of the 10 attorney or law firm associated with the claimant's case. ✔
Statutes affected: