Missouri Senate

House Amendment

RELEASE OF LIABILITY FOR EMPLOYEES

(Section 287.120)

Under current law, an employee shall not be released from liability under workers' compensation laws for injury or death if the employee engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury. This act provides that an employee shall not be released from liability under workers' compensation for injury or death if the employee engaged in a willful act with the intent to cause bodily injury or death.

This provision is identical to a provision in HCS/HB 922 (2021) and HB 1119 (2021).

ELECTRONIC TRANSFER OF DISABILITY PAYMENTS

(Sections 287.170 to 287.180)

The act allows for the delivery of temporary total or temporary partial disability payments payable under workers' compensation laws by electronic transfer or other manner authorized by the claimant.

This provision is identical to a provision in SCS/HB 384 (2021), HB 353 (2021), and SB 1079 (2020) and substantially similar to HB 2035 (2020).

Second Injury Fund Liabilities

(Section 287.220)

The act modifies the applicability of the priority schedule for payment of liabilities of the Second Injury Fund (SIF). Specifically, the act allows for the payment from the SIF of the following SIF liabilities prior to any liability set forth in the priority schedule:

• All death benefits incurred relating to claims for deaths occurring prior to January 1, 2014, consistent with a temporary or final award; and

• Ongoing medical expenses, but not past medical expenses, relating to claims for injuries occurring prior to January 1, 2014, consistent with a temporary or final award which includes future medical benefits.

These provisions are identical to provisions in SCS/HB 384 (2021), SB 361 (2021), HB 163 (2021), SB 693 (2020), HB 1542 (2020), and SB 156 (2019).

THIRD-PARTY ADMINISTRATORS

(Section 287.280)

The act permits the Division of Workers' Compensation to call the security of a group self-insured employer or public sector individual employer if they are deemed insolvent, are determined to be insolvent, file for bankruptcy, or fail to pay any obligations owed under the workers' compensation laws. Furthermore, the Division is permitted to retain a third-party administrator for the purpose of paying any compensation benefits owed to an injured employee.

This provision is substantially similar to a provision in SCS/HB 384 (2021), SB 361 (2021), SB 693 (2020), SB 156 (2019), HB 163 (2021), HB 1542 (2020), SCS/SB 1089 (2018), and HB 261 (2019).

ELECTRONIC FILINGS WITH LIRC

(Section 287.480)

The act allows the Labor and Industrial Relations Commission to permit the filing of applications for review, briefs, motions, and other requests for relief with the Commission by electronic means, in such manner as it may, by rule, prescribe.

This provision is substantially similar to a provision in SCS/HB 384 (2021), SB 361 (2021), SB 693 (2020), HB 1542 (2020), and a provision in HB 163 (2021).

SCOTT SVAGERA

HA 1 - THIS AMENDMENT MODIFIES THE SUPPLEMENTAL SURCHARGE COLLECTED BY THE DIVISION OF WORKERS' COMPENSATION. THIS AMENDMENT IS IDENTICAL TO A PROVISION IN SCS/HCS/HB 384 (2021).

HA 2 - THIS AMENDMENT CREATES NEW PROVISIONS RELATING TO LIABILITY CLAIMS IN EDUCATIONAL SETTINGS. THIS PROVISION IS IDENTICAL TO PROVISIONS IN HCS/SCS/SB 119 (2021), SB 555 (2021), HB 1304 (2021), AND THE PERFECTED HCS/HB 922 (2021).