HB 2309 -- Workers' Compensation

Sponsor:  Hunter

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

(1)  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, 217
S.W.3d 900 (Mo. banc 2007) and all cases interpreting, applying,
or following this case and reaffirms that the right for
compensation for permanent total disability of an injured
employee terminates on the date of the injured employee's death;

(2)  Specifies that permanent total disability (PTD) payments
from the Second Injury Fund end upon the employee becoming
eligible to receive full Social Security retirement benefits;

(3)  Specifies that PTD payments from the fund terminate if the
employee becomes gainfully employed;

(4)  Specifies that the Labor and Industrial Relations Commission
retains jurisdiction of the case during the lifetime of any
injured employee who has received an award of PTD payments;

(5)  Specifies that prior disabilities can be combined only once
with a subsequent work injury to obtain permanent partial
disability (PPD) payments from the fund;

(6)  Specifies that all prior disabilities can be combined for
PTD payments against the fund;

(7)  Prohibits payments from the fund for PPD if there is
jurisdiction in another state due to the employee's injury or
occupational disease;

(8)  Specifies that the fund is not responsible for medical
expenses or death benefits of an employee when his or her
employer has failed to obtain insurance and there is concurrent
jurisdiction in another state;

(9)  Reinstates the within two years of the date of the medical
treatment or service statute of limitation regarding claims
against the fund for medical fees or expenses; and

(10)  Eliminates the provision requiring moneys advanced from the
Workers' Compensation Fund to the Second Injury Fund be paid back
to the Workers' Compensation Fund by December 31 of the year
following the advance.

The bill contains an emergency clause.

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