HB 2310 -- Second Injury Fund

Sponsor:  Hunter

This bill 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.  The bill
reaffirms that the right for compensation for permanent total
disability of an injured employee terminates on the date of the
injured employee's death.

No person will be eligible to receive benefits from the Second
Injury Fund for injuries occurring on or after January 1, 2009.
The Division of Workers' Compensation within the Department of
Labor and Industrial Relations will compute the amount of money
needed to award benefits to persons injured prior to January 1,
2009, and assess employers as specified by law.

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