Missouri Senate

Senate Substitute

REDUCTION OF WORKERS' COMPENSATION AWARD BASED ON USE OF DRUGS (SECTION 287.120)

Under current law, if an employee fails to obey any rule or policy of an employer relating to the use of alcohol or nonprescribed controlled drugs in the workplace, the compensation or death benefit available under workers' compensation laws shall be reduced by 50% if the injury was sustained in conjunction with the use of alcohol or nonprescribed controlled drugs.

This act provides that any positive test taken within 48 hours of an injury for a nonprescribed controlled drug from an employee shall give rise to a rebuttable presumption that the tested nonprescribed controlled drug was in the employee’s system and that the injury was sustained in conjunction with the use of the drug.

This provision is identical to a provision in SCS/SB 290 (2017).

REACTIVATION OF CLAIMS FOLLOWING SETTLEMENT (SECTION 287.140)

Under current law, a claim for compensation may be reactivated following the completion of settlement of such claim. Under this act, reactivation may not be made if the employee has explicitly agreed that such a claim cannot be reactivated.

This provision is identical to a provision in SCS/SB 290 (2017).

TERMINATION OF DISABILITY PAYMENTS (SECTION 287.170)

If an employee voluntarily separates from employment at a time when the employer made work available for the employee which was in compliance with any medical restriction imposed upon the employee as a result of an injury that is the subject of a claim for benefits under workers' compensation, neither temporary total disability nor temporary partial disability benefits shall be payable to the employee.

This provision is identical to a provision in SCS/SB 290 (2017).

DISCHARGE AND DISCRIMINATION (SECTION 287.780)

Under current law, no employer or agent shall discharge or in any way discriminate against any employee for exercising any of his or her rights under workers' compensation statutes. This act modifies that provision so that no employer or agent shall discharge or discriminate against any employee because the employee exercised his or her rights under the workers' compensation laws. The term "because" is defined to mean that the discharge or discrimination would not have happened but for the employee having exercised his or her rights under the law.

This provision is similar to a provision in SCS/SB 290 (2017).

SCOTT SVAGERA

SA 3 - THIS AMENDMENT PROVIDES THAT ANY POSITIVE TEST TAKEN WITHIN 24 HOURS, RATHER THAN 48 HOURS, OF AN INJURY FOR A NONPRESCRIBED CONTROLLED DRUG FROM AN EMPLOYEE SHALL GIVE RISE TO A REBUTTABLE PRESUMPTION THAT THE TESTED NONPRESCRIBED CONTROLLED DRUG WAS IN THE EMPLOYEE'S SYSTEM AND THAT THE INJURY WAS SUSTAINED IN CONJUNCTION WITH THE USE OF THE DRUG.