HCS/SCS/SB 520 - This act requires the Department of Labor and Industrial Relations and the Human Rights Commission, to include, on its posters, conspicuous language that describes the means by which an employer may request and obtain any posters, free of charge, that are required by law to be placed on the premises of all employers, labor organizations, employment agencies, businesses or establishments. The act further establishes that the posters developed by the department and commission are to be the official posters to be used on the premises. Replicas may be distributed as long as the content and relative size of the statements are preserved and the statements may be distributed electronically by the commission and department.
For the purposes of workers' compensation claims, all rights to compensation for permanent total disability shall cease upon the death of the injured employee. Payments of unpaid and unaccrued compensation for all types of disability shall also cease upon the death of the employee. Surviving dependent’s claims shall be filed within 3 years of the death of the employee.
The act requires those making claims against the Second Injury Fund to obtain a determination of disability certified by a physician. The reasonableness of medical charges and fees may be disputed based upon audits of the medical bills and the Treasurer may present evidence of the audit findings.
The act outlines certain instances whereby claims may be made against the Second Injury Fund after August 28, 2007 and how the awards will be computed.
Currently, an actuarial study is made of the second injury fund every three years to determine solvency. This act requires an annual study.
The act modifies the manner in which the Workers' Compensation Fund is administered, including the imposition of taxes and the granting of loans to the Missouri Employers Mutual Insurance Company.
Compromise settlements paid from the Second Injury Fund shall not exceed $10,000.
Employees shall not be discharged when elements of a whistle-blower cause of action for wrongful discharge are established. This cause of action is established if an employee proves by a preponderance of the evidence that the employee reported to the proper authorities serious misconduct that the employee had a good faith reasonable belief had or would occur that constitutes a violation of the law and well-established and clearly mandated public policy as expressed in a statute, constitutional provision, or regulation; the employee was discharged; and the discharge was caused by the report.
Similarly, employees shall not be discharged when elements of a refusal to commit an illegal act cause of action for wrongful discharge are established. This cause of action is established if an employee proves by a preponderance of the evidence that the employer directed the employee to perform conduct that the employee had a good faith reasonable belief that, if completed, would violate the law and well-established and clearly mandated public policy as expressed in a statute, constitutional provision, or regulation; the employee specifically refused to perform the act; the employee was discharged and the discharge was caused by the refusal to perform the act.
Whistle-blower and refusal to commit an illegal act causes of action shall not be available if the employee has an alternative state or federal statutory or regulatory remedy.
This act is similar to SB 779 (2006), HB 1456 (2005), SB 665 (2007), SB 606 (2007), SB 668 (2007), and SB 168 (2006).