HB 2302 -- Second Injury Fund

Sponsor:  Hunter

Currently, the State Treasurer, with the advice and consent of
the Attorney General, must defend against any claim in which
recovery against the Second Injury Fund is sought for permanent
partial disability, permanent total disability, or death.  The
Attorney General instructs the Assistant Attorney General to
provide legal services required in all claims made for recovery
from the fund.  This bill specifies that for all pending and new
claims filed against the fund after August 28, 2008, the Director
of the Division of Workers' Compensation within the Department of
Labor and Industrial Relations will assign staff attorneys
employed by the division to appear on behalf of the State
Treasurer to defend the claims.  In circumstances where an actual
or potential conflict of interest exists, the division director
can assign cases to staff attorneys employed by the department
or, with the consent of the State Treasurer, hire outside
counsel.  All legal expenses, medical examination fees,
vocational testing fees, vocational rehabilitation assessment
fees, and other associated costs will be paid from the fund.

Beginning September 1, 2009, and each year thereafter, the
division director is required to report to the Governor, State
Treasurer, and General Assembly on all expenses and deposits
regarding the fund.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm