HCS SCS SB 520 -- WORKERS

SPONSOR:  Engler (Hunter)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Workforce Development and Workplace Safety by a vote of 7 to 5.

This substitute changes the laws regarding workers.

EMPLOYER REQUIRED POSTERS

The substitute requires the Department of Labor and Industrial
Relations and the Missouri Commission on Human Rights to include
on its posters regarding the rights of workers that are required
by law to be displayed on the premises of all employers, labor
organizations, and employment agencies information on how to
request the posters at no charge.  Posters developed by the
department and commission are the official posters, but replicas
may be used if the content and size are consistent with the
official posters.  The commission may distribute the posters
electronically.

COMPENSATION FOR WORKER DISABILITIES

The substitute specifies that in applying the provisions of the
Workers' Compensation Law it is the intent of the legislature to
reject and abrogate Schoemehl v. Treasurer of the State of
Missouri, 2007 WL58370 and all cases citing, interpreting,
applying, or following this case.  The substitute reaffirms that
the right for compensation for the permanent total disability of
an injured employee terminates on the date of the injured
employee's death.

SECOND INJURY FUND

The substitute:

(1)  Establishes a three-year statute of limitations from the
death of the qualifying employee for his or her dependents to
file a claim against the Second Injury Fund;

(2)  Requires a determination of disability certified by a
physician based on objective medical findings on all claims filed
against the fund;

(3)  Limits to $10,000 a contested worker's compensation claim
settlement by the Office of the Attorney General;

(4)  Requires actuarial studies of the solvency, appropriate
funding level, and forecasted expenditures from the fund to be
completed annually instead of once every three years;

(5)  Allows claims for permanent total disability, death, and
medical benefits for uninsured workers with a pre-existing
condition that resulted from military duty or was work related;

(6)  Allows claims for temporary total disability, permanent
partial disability, and physical rehabilitation to be filed
against the primary workers' compensation insurance policy and
requires the employer's experience rating to be modified
accordingly;

(7)  Requires a disabled worker to certify his or her disability
annually;

(8)  Extends from 10 to 30 the number of calendar days in which
the Division of Workers' Compensation within the department must
publish the new administrative tax rate and surcharge;

(9)  Requires the Department of Revenue to submit a certified
list of companies who have not paid their workers' compensation
taxes to the Department of Insurance, Financial Institutions, and
Professional Registration and to the division director.  The
division director must suspend within 60 days any business
transactions of the companies until the taxes have been paid;

(10)  Specifies that surcharge payments will be recorded as
received on the date of the postmark or the date certified by a
commercial delivery service on the envelope containing the
payment;

(11)  Allows overpayments of taxes and/or surcharges to be
refunded rather than applied to future tax assessments and/or
surcharges; and

(12)  Allows life-time, permanent total disability payments to be
suspended if the worker is able to return to work.

WHISTLE-BLOWER PROTECTIONS

The substitute also specifies that any cause of action for
whistle-blowing or refusal to commit an illegal act previously
existing in common law is abrogated.

Any individual not hired under a contract is employed at-will and
may be discharged at any time, with or without cause except if:

(1)  The employee was discharged as a whistle-blower; or

(2)  The employee was discharged for refusing to commit an
illegal act.

The circumstances for the determination of a cause of action for
wrongful discharge because of these actions are specified in the
substitute.

FISCAL NOTE:  Estimated Income on General Revenue Fund of
$194,022 in FY 2008, FY 2009, and FY 2010.  Estimated Income on
Other State Funds of Unknown in FY 2008, FY 2009, and FY 2010.

PROPONENTS:  Supporters say that allowing the information
required to be distributed electronically by the Department of
Labor and Industrial Relations and the Missouri Commission on
Human Rights will make it more convenient.

Testifying for the bill was Senator Engler.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:22 am