Missouri Senate

Introduced

ACCIDENT AND INJURY - The act modifies the definition of "accident" to include only events that are "an unexpected traumatic event or unusual strain identifiable by time and place of occurrence producing at the time objective systems of an injury, caused by a specific event during a single work shift". The act modifies the definition of "injury" by limiting the definition to only allow compensation if the accident was the prevailing factor in causing the condition. The act limits benefits for pre-existing conditions in cases where a work-related injury causes increased permanent disability and reduces compensation by the amount of permanent partial disability that was pre-existing. The act exempts from coverage injuries from unknown causes and personal health conditions that manifest themselves at work when an accident is not the prevailing factor in the need for medical treatment. Deterioration from normal activities of day-to-day living is not compensable. Prohibits accidents which are sustained in route to work from being compensable.

COMPENSABILITY - Occupational disease is only compensable if the occupational exposure was the prevailing factor in causing the condition. The act eliminates the actual knowledge requirement for reduction of compensation and death benefits where an injury is caused by the willful failure the employee to use employer provided safety devises. The act increases the penalty when violation of drug and alcohol rules are involved, by reducing benefits by 50 percent, it also requires that intoxication at or above the legal blood level be conclusively presumed to be the proximate cause of injury.

TRAVEL EXPENSES FOR TREATMENT - The act states that when an employee is required to submit to medical examinations or necessary medical treatment at a place outside of the local or metropolitan area from the principal place of business the employer or its insurer shall advance or reimburse the employee for all necessary and reasonable expenses.

VOCATIONAL TESTING AND ASSESSMENT - The act provides that an employee must submit to appropriate vocational testing and a vocational rehabilitation assessment required by an employer or insurer.

SUBROGATION LIENS - The act grants an employer a subrogation lien when a third person is liable for the death of an employee and eliminates the procedure for situations where no comparative fault can be found.

DISQUALIFICATION FOR RECEIPT OF UNEMPLOYMENT COMPENSATION - The act disqualifies an employee from receiving temporary total disability during any period of time in which the claimant applies and receives unemployment compensation.

ADMISSIBILITY OF EVIDENCE - For certain statements to be admissible in evidence, a copy of the statement must be supplied to the employee, his dependents or his attorney within thirty days of written request.

ACCIDENT REPORTING - The act requires every employer or his insurer in this state file with the division a full and complete report of every injury or death to any employee within thirty days from the date of injury or death.

VOLUNTARY SETTLEMENT AGREEMENTS - The act allows parties to enter into voluntary agreements to settle claims and states that approval shall be granted as long as the settlement is not the result of undue influence or fraud.

NOTICE OF REPETITIVE TRAUMA - The act requires written notice to an employer as soon as practicable before proceedings are maintained for a repetitive trauma case.

ADMINISTRATIVE LAW JUDGES - The act prohibits administrative law judges from having a campaign committee.

STANDARD OF REVIEW - The act imposes an impartial standard of review for cases arising under this chapter, rather than a liberal construction that exists under current law.

This act is similar to SCS/SB 856 (2004).

JASON ZAMKUS