MISSOURI WORKERS' COMPENSATION

LEGISLATIVE, REGULATORY, JUDICIAL UPDATES

FEBRUARY 2019

LEGISLATION:

The following are proposed bills which have been filed in the Missouri Legislature.

Senate Bill 156 modifies some payments of Second Injury Fund liabilities.  Senate bill sets six year terms for Administrative Law Judges and requires retention votes every three years. 

The following are the current Missouri Industrial Relations Commissioners:

Robert Cornejo – Chairman – appointed August 2018

Reid Forrester – Employer Representative - appointed May 2018

Curtis Chick, Jr. – Employee Representative – appointed 2011

MILEAGE RATE:

The mileage reimbursement rate from July 1, 2018 to June 30, 2019 is $0.51.5 per mile.

PPD AND TTD RATE:

The rates from July 1, 2018 to June 30, 2019 are $947.64 for TTD and PTD and $496.38 for PPD. 

JUDICIAL:

Myron Green Corp. v. Dir. of Revenue (MLW No. 72606/Case No. SC96903 – 12 pages) (Supreme Court of Missouri).

• Workers’ Compensation Claim
• Policy Cancellation
• Mutual Mistake

Where an insurer argued that it did not have a duty to pay half of the expenses related to a workers’ compensation claim, the insurer’s cancellation of the insurance policy after the claim had arisen was void under Missouri law, so the judgment for the concurrent insurer on a declaratory judgement action is affirmed. 

Judgement is affirmed.   

Moss v. Treasurer of the State of Missouri – Custodian of the Second Injury Fund (MLW No. 72511/Case No. WD81467 – 11 pages) Missouri Court of Appeals, Western District).

• Permanent and Total Disability Determination
• Competent Evidence

Claimant’s doctor and two vocational/rehabilitation counselors determined that claimant was permanently and totally disabled.  An administrative law judge awarded claimant weekly benefits and the commission affirmed.  The fund appealed, arguing the commission erred because a physician did not determine claimant’s permanent total disability, as required by Section 287.190.6(2).

Where there is competent evidence from a physician and other non-medical experts that the claimant is unemployable because of a total and permanent disability, the requirements of Section 287.190.6(2). Are satisfied.

Award is affirmed.

Farmer v. Treasurer (MLW No. 72501/Case No. SD35637 – 14 pages.  (Missouri Court of Appeals, Southern District).

• SIF
• Prior Convictions

Where a claimant challenged the denial of benefits from the Second Injury Fund, arguing that exhibits showing that he was convicted of Social Security fraud were improperly admitted, the judgment is affirmed because the challenged exhibits were cumulative to the claimant’s admission that he had committed fraud, and the denial of the claim was supported by the evidence.

Judgment is affirmed.

SETTLEMENT:

Springfield claim for alleged permanent total disability was settled for $300,000.00 lump sum plus funding of a medical set aside of $83,500.00