HB 1397 -- Workers' Compensation

Sponsor:  Wilson (130)

This bill makes changes to the laws regarding workers'
compensation.  The bill:

(1)  Requires that any member appointed or serving on the Labor
and Industrial Relations Commission receive Senate confirmation
within 30 days after the Senate convenes for regular session or
immediately resign from the commission;

(2)  Redefines "accident" to mean a specific, identifiable,
traumatic event during a single work shift;

(3)  Defines "dominant factor" to mean the accident is the
prevailing factor in relation to any other factors contributing
to the resulting medical condition;

(4)  Requires that an injury by accident be compensable only if
the accident was the dominant factor in causing the resulting
medical condition;

(5)  Codifies that Missouri does not apply the Positional Risk
Analysis or Positional Risk Doctrine;

(6)  Excludes as compensable any personal health condition
manifested during employment in which the accident was not the
dominant factor resulting in the need for medical treatment;

(7)  Excludes as compensable an injury resulting directly or
indirectly from idiopathic causes;

(8)  Requires that a cardiovascular, pulmonary, respiratory, or
other disease or cerebrovascular accident or myocardial
infraction suffered by a worker is an injury only if the accident
is the dominant factor in causing the resulting medical
condition;

(9)  Excludes as compensable any aggravation of a pre-existing
condition, except that the injury causes increased permanent
disability;

(10)  Excludes as compensable an injury sustained in a company
vehicle while in route to or from work;

(11)  Requires that an occupational disease be compensable only
if occupational exposure was the dominant factor resulting in the
condition or disability, rather than a substantial factor;

(12)  Requires that if the exposure to repetitive motion which is
found to cause the injury is for a period of less than three
months and exposure to repetitive motion with a prior employer
was the dominant factor in causing the injury, the prior employer
is liable for the occupational disease;

(13)  Requires that a voluntary settlement be approved as long as
the employee is not coerced or subjected to fraud and understands
the terms of the agreement;

(14)  Allows an employee to opt out of workers' compensation
benefits for religious reasons, provided the employee signs a
waiver agreeing not to take future civil action against the
employer;

(15)  Provides for maximum limits on attorney fees for services
on behalf of an employee and that the fees are approved by the
administrative law judge; and

(16)  Requires that an attorney found to be in violation of the
maximum fee provisions make restitution of any excess fees
charged plus interest.

The bill creates the Administrative Law Judge Qualifications
Advisory Committee.  The committee is charged with the evaluation
of an administrative law judge's conduct, performance, and
productivity.  The committee is required to make recommendations
to the Governor for the retention, suspension, removal, or
additional training and education of administrative law judges.
The bill specifies requirements for the appointment,
qualification, and terms of committee members.

The bill also specifies the testing, term limits, appointment,
qualifications, work hours, continuing education requirements,
and evaluation of administrative law judges.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am