HB 1808 -- Workers' Compensation

Sponsor:  Cox

This bill changes the laws regarding workers' compensation.  In
its main provisions, the bill:

(1)  Specifies that a "serious injury" includes quadriplegia;
paraplegia; amputation of hand, arm, or leg; atrophy to the nerve
injury or nonuse; and back injuries not amenable alone to
recognized medical and surgical procedures;

(2)  Requires groups of employers who self-insure their liability
do so as a trust and to post security in an amount determined by
the Division of Workers' Compensation within the Department of
Labor and Industrial Relations based on a review of certain risk
factors.  The security must be by an escrow agreement, surety
bond, or irrevocable letter of credit;

(3)  Specifies the procedure for a self-insured employer to
withdraw from a trust;

(4)  Specifies the procedure for a self-insured employer or a
group self-insured employer who reincorporates, merges,
consolidates, or undergoes any other corporate change to notify
the division and the right of the division to terminate or
reinstate certification of a self-insured employer or a group
self-insured employer to continue to self-insure;

(5)  Adds occupational disease to the list of reasons for which a
cause of action against an employer may be filed;

(6)  Removes the option of an injured employee to request the
division to approve compensation for medical expenses from the
Second Injury Fund;

(7)  Specifies the procedure for recovery of securities by the
division from a self-insured employer or a group self-insured
employer in default;

(8)  Specifies that a self-insured employer, group, or trust may
request an evidentiary hearing before an administrative law judge
within 30 days from the date of a final order by the division to
terminate, revoke, or suspend the self-insured status of the
employer, group, or trust;

(9)  Specifies that records submitted by any claimant or
self-insured employer, group, or trust against a claim will not
be secondarily released;

(10)  Specifies that an employer or his or her insurer filing a
report of an injury to the division may do so by electronic data
transmission;

(11)  Requires all data collected and maintained by the division
to be in a form compatible with the electronic data interchange
system of the International Association of Industrial Accident
Boards and Commissions;

(12)  Specifies that certain records maintained by the division
are confidential, except that a court of law may subpoena records
relevant to a pending matter or a duly executed and notarized
authorization to release workers' compensation records from the
employee;

(13)  Specifies that no insurer, employee, or agent of any
insurer or any other person acting without malice is subject to
civil liability for libel or otherwise by virtue of the filing of
reports or furnishing other information required by the division;

(14)  Requires that at the end of any calendar year any
overpayment of the surcharge that provides revenue for the Second
Injury Fund be credited against the surcharge amount required in
the following year;

(15)  Specifies that any payments made to the division will be
deemed received the earlier of either the date postmarked by the
United States Post Office or the date certified by a commercial
delivery on the envelope or container.  Electronic payments will
be deemed made on the date the payment was received by the
division;

(16)  Specifies the procedure for receiving a refund of an
overpayment to the Administrative Fund and the Second Injury Fund
by an employer when no other obligation is owed the state;

(17)  Requires a 1.5% per month late charge on any delinquent
surcharge payment to the Second Injury Fund; and

(18)  Requires a self-insured employer or member of a
self-insured group voluntarily withdrawing its self-insured
authority or that has had its self-insured authority terminated
or revoked to continue to use the most recent experience
modification factor for up to three years or until an approved
advisory organization establishes another experience modification
factor.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm