Missouri Senate

Perfected

WORKERS' COMPENSATION LIABILITY (SECTION 287.120)

Under current law, every employer subject to workers' compensation laws is liable to furnish compensation for the personal injury or death of an employee by accident or occupational disease arising out of and in the course of the employee's employment. This act states that such provision shall apply to any case or cause of action pending on or brought on or after January 1, 2014.

This provision is substantially similar to SB 330 (2017).

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 24 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).

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).

LINE OF DUTY COMPENSATION (SECTION 287.243)

Under current law, survivors of a deceased law enforcement officer, emergency medical technician, air ambulance pilot, air ambulance registered professional nurse, or firefighter who is killed in the line of duty are eligible to receive $25,000 in compensation. Under this act, such compensation shall be awarded as follows:

• If there are no children, the surviving spouse shall be awarded compensation;

• If there is at least one eligible child and a surviving spouse, the child shall receive 50% and the surviving spouse shall receive 50%, provided that if there are multiple children, the children shall receive equal shares of 50% of the compensation;

• If there is no surviving spouse, any eligible surviving children shall receive equal shares of the compensation;

• If there is no surviving spouse or qualified surviving child, compensation shall be awarded to the individual who has been designated by the deceased in the most recent designation of beneficiary that is on file with the public safety organization; provided that if there is no such designation, compensation shall be awarded to the individual designated as beneficiary under the most recently executed life insurance policy of the deceased;

• If there is no beneficiary of a life insurance policy of the deceased, compensation shall be awarded to the surviving parent or parents, in equal shares;

• If there are no surviving parents of the deceased, compensation shall be awarded to the children of the deceased who are over 18 years of age, in equal shares.

The term "child" is defined in the act to include any natural, illegitimate, adopted, or posthumous child of the deceased who, at the time of the death of the deceased is:

• Under the age of 18;

• Over the age 18, but is a student as defined under federal law; or

• Over the age of 18, but is incapable of self-support because of physical or mental disability.

This provision is identical to SB 282 (2017), substantially similar to HB 426 (2017), and similar in concept to HB 33 (2015).

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 when the exercising of such rights is the motivating factor in the discharge or discrimination.

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

This act is substantially similar to HB 1100 (2017).

SCOTT SVAGERA