To repeal sections 287.020, 287.030, and 287.090, RSMo 1994, relating to employer and employee coverages and exemptions, and to enact in lieu thereof four new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 287.020, 287.030, and 287.090, RSMo 1994, are repealed and four new sections enacted in lieu thereof to be known as sections 287.020, 287.030, 287.090 and 287.091, to read as follows:

287.020. 1. The word "employee" as used in this chapter shall be construed to mean every person in the service of any employer, as defined in this chapter, under any contract of hire, express or implied, oral or written, or under any appointment or election, including executive officers of corporations. Any reference to any employee who has been injured shall, when the employee is dead, also include his dependents, and other persons to whom compensation may be payable. The word "employee" shall also include all minors who work for an employer, whether or not such minors are employed in violation of law, and all such minors are hereby made of full age for all purposes under, in connection with, or arising out of this chapter. [The word "employee" shall not include an individual who is the owner and operator of a motor vehicle which is leased or contracted with a driver to a for-hire common or contract motor vehicle carrier operating within a commercial zone as defined in section 390.020 or 390.041, RSMo, or operating under a certificate issued by the transportation division of the department of economic development or by the interstate commerce commission.]

2. The word "accident" as used in this chapter shall, unless a different meaning is clearly indicated by the context, be construed to mean an unexpected or unforeseen identifiable event or series of events happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. An injury is compensable if it is clearly work related. An injury is clearly work related if work was a substantial factor in the cause of the resulting medical condition or disability. An injury is not compensable merely because work was a triggering or precipitating factor.

3. (1) In this chapter the term "injury" is hereby defined to be an injury which has arisen out of and in the course of employment. The injury must be incidental to and not independent of the relation of employer and employee. Ordinary, gradual deterioration or progressive degeneration of the body caused by aging shall not be compensable, except where the deterioration or degeneration follows as an incident of employment.

(2) An injury shall be deemed to arise out of and in the course of the employment only if:

(a) It is reasonably apparent, upon consideration of all the circumstances, that the employment is a substantial factor in causing the injury; and

(b) It can be seen to have followed as a natural incident of the work; and

(c) It can be fairly traced to the employment as a proximate cause; and

(d) It does not come from a hazard or risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life;

(3) The terms "injury" and "personal injuries" shall mean violence to the physical structure of the body and to the personal property which is used to make up the physical structure of the body, such as artificial dentures, artificial limbs, glass eyes, eyeglasses, and other prostheses which are placed in or on the body to replace the physical structure and such disease or infection as naturally results therefrom. These terms shall in no case except as specifically provided in this chapter be construed to include occupational disease in any form, nor shall they be construed to include any contagious or infectious disease contracted during the course of the employment, nor shall they include death due to natural causes occurring while the worker is at work.

4. "Death" when mentioned as a basis for the right to compensation means only death resulting from such violence and its resultant effects occurring within three hundred weeks after the accident; except that in cases of occupational disease, the limitation of three hundred weeks shall not be applicable.

5. Without otherwise affecting either the meaning or interpretation of the abridged clause, "personal injuries arising out of and in the course of such employment", it is hereby declared not to cover workers except while engaged in or about the premises where their duties are being performed, or where their services require their presence as a part of such service.

6. A person who is employed by the same employer for more than five and one-half consecutive work days shall for the purpose of this chapter be considered an "employee".

7. The term "total disability" as used in this chapter shall mean inability to return to any employment and not merely mean inability to return to the employment in which the employee was engaged at the time of the accident.

8. As used in this chapter and all acts amendatory thereof, the term "commission" shall hereafter be construed as meaning and referring exclusively to the labor and industrial relations commission of Missouri, and the term "director" shall hereafter be construed as meaning the director of the department of insurance of the state of Missouri or such agency of government as shall exercise the powers and duties now conferred and imposed upon the department of insurance of the state of Missouri.

9. The term "division" as used in this chapter means the division of workers' compensation of the department of labor and industrial relations of the state of Missouri.

10. For the purposes of this chapter, the term "minor" means a person who has not attained the age of eighteen years; except that, for the purpose of computing the compensation provided for in this chapter, the provisions of section 287.250 shall control.

287.030. 1. The word "employer" as used in this chapter shall be construed to mean:

(1) Every person, or sole proprietor, partners or copartners comprising a partnership, association, corporation, trustee, receiver, limited liability company, the legal representatives of a deceased employer, and every other person, including any person or corporation operating a railroad and any public service corporation, using the service of another for pay;

(2) The state, county, municipal corporation, township, school or road, drainage, swamp and levee districts, or school boards, board of education, regents, curators, managers or control commission, board or any other political subdivision, corporation, or quasi-corporation, or cities under special charter, or under the commission form of government[;].

[(3) Any of the above defined employers must have five or more employees to be deemed an employer for the purposes of this chapter unless election is made to become subject to the provisions of this chapter as provided in subsection 2 of section 287.090, except that construction industry employers who erect, demolish, alter or repair improvements shall be deemed an employer for the purposes of this chapter if they have one or more employees.]

2. Any reference to the employer shall also include his insurer.

[287.090. 1. This chapter shall not apply to:

(1) Employment of farm labor, domestic servants in a private home, including family chauffeurs, or occasional labor performed for and related to a private household;

(2) Any worker who is a member of the employer's family within the third degree of affinity or consanguinity but such shall be included in the total number of employees of such employer for purposes of subdivision (3) of subsection 1 of section 287.030;

(3) Qualified real estate agents and direct sellers as those terms are defined in section 3508 of title 26 United States Code;

(4) Emplo yment where the perso n emplo yed is an inmat e confi ned in a state priso n, penit entia ry or count y or munic ipal jail, or a patie nt or resid ent in a state menta l healt h facil ity, and the labor or servi ces of such inmat e, patie nt, or resid ent are exclu sivel y on behal f of the state , count y or munic ipali ty havin g custo dy of said inmat e, patie nt, or resid ent. Nothi ng in this subdi visio n is inten ded to exemp t emplo yment where the inmat e, patie nt or resid ent was hired by a state , count y or munic ipal gover nment agenc y after direc t compe titio n with perso ns who are not inmat es, patie nts or resid ents and the compe nsati on for the posit ion of emplo yment is not conti ngent upon or affec ted by the worke r's statu s as an inmat e, patie nt or resid ent;< p> (5) Volun teers of a tax-e xempt organ izati on which opera tes under the stand ards of secti on 501(c )(3) of the feder al Inter nal Reven ue Code, where such volun teers are not paid wages , but provi de servi ces purel y on a chari table and volun tary basis ;

(6) Perso ns provi ding servi ces as adjud icato rs, sport s offic ials, or conte st worke rs for inter schol astic activ ities progr ams or simil ar amate ur youth progr ams who are not other wise emplo yed by the spons oring schoo l, assoc iatio n of schoo ls or nonpr ofit tax-e xempt organ izati on spons oring the amate ur youth progr ams.< p> 2. Any emplo yer in this secti on exemp ted under subse ction 1 of this secti on may bring himse lf withi n the provi sions of this chapt er by filin g with the divis ion notic e of his elect ion to accep t the provi sions , or by the purch asing and accep ting by the emplo yer of a valid compe nsati on insur ance polic y, and the elect ion by the purch ase and accep tance of the insur ance polic y shall inclu de the exemp ted emplo yment s descr ibed in subse ction 1 of this secti on if such inten t is shown by the terms of the polic y. The elect ion shall take effec t and conti nue from the date of filin g with the divis ion by the emplo yer of his elect ion to accep t liabi lity under this chapt er, or from the effec tive date of the insur ance polic y. Any emplo yer elect ing to becom e liabl e under this chapt er may withd raw his elect ion by filin g with the divis ion a notic e that he desir es to withd raw his elect ion, which withd rawal shall take effec t thirt y days after the date of the filin g, or at such later date as may be speci fied in the notic e of withd rawal .

3. Any insur ance compa ny autho rized to write insur ance under the provi sions of this chapt er in this state shall file with the divis ion a memor andum on a form presc ribed by the divis ion of any worke rs' compe nsati on polic y issue d to any emplo yer and of any renew al or cance llati on there of.

4. The manda tory cover age secti ons of this chapt er shall not apply to the emplo yment of any membe r of a famil y ownin g a famil y farm corpo ratio n as defin ed in secti on 350.0 10, RSMo, or to the emplo yment of any salar ied offic er of a famil y farm corpo ratio n organ ized pursu ant to the laws of this state , but such famil y membe rs and offic ers of such famil y farm corpo ratio ns may be cover ed under a polic y of worke rs' compe nsati on insur ance if appro ved by a resol ution of the board of direc tors. Nothi ng in this subse ction shall be const rued to apply to any other type of corpo ratio n other than a famil y farm corpo ratio n.

5. A corpo ratio n may be exemp t from the provi sions of this chapt er, when there are no more than two owner s of the corpo ratio n who are also the only emplo yees of the corpo ratio n, by filin g with the divis ion notic e of elect ion to be exemp t. The elect ion shall take effec t and conti nue from the date of filin g with the divis ion by the corpo ratio n of the notic e of exemp tion from liabi lity under this chapt er. Any corpo ratio n makin g such an elect ion may withd raw its elect ion by filin g with the divis ion a notic e to withd raw the elect ion, which shall take effec t thirt y days after the date of the filin g, or at such later date as may be speci fied in the notic e of withd rawal .]

28 7.090 . 1. This chapt er shall not apply to:

(1) Emplo yment of farm labor , domes tic serva nts in a priva te home, inclu ding famil y chauf feurs , or occas ional labor perfo rmed for and relat ed to a priva te house hold;

(2) Emplo yment where the perso n emplo yed is an inmat e confi ned in a state priso n, penit entia ry or count y or munic ipal jail, or a patie nt or resid ent in a state menta l healt h facil ity, and the labor or servi ces of such inmat e, patie nt, or resid ent are exclu sivel y on behal f of the state , count y or munic ipali ty havin g custo dy of said inmat e, patie nt or resid ent. Nothi ng in this subdi visio n is inten ded to exemp t emplo yment where the inmat e, patie nt or resid ent was hired by a state , count y or munic ipal gover nment agenc y after direc t compe titio n with perso ns who are not inmat es, patie nts or resid ents and the compe nsati on for the posit ion of emplo yment is not conti ngent upon or affec ted by the worke r's statu s as an inmat e, patie nt or resid ent;< p> (3) The emplo yment of any membe r of a famil y ownin g a famil y farm corpo ratio n as defin ed in secti on 350.0 10, RSMo, or to the emplo yment of any salar ied offic er of a famil y farm corpo ratio n organ ized pursu ant to the laws of this state ;

(4) Quali fied real estat e agent s and direc t selle rs as those terms are defin ed in secti on 3508 of title 26 Unite d State s Code;

(5) Volun teers of a tax- exemp t organ izati on which opera tes under the stand ards of secti on 501(c )(3) of the feder al Inter nal Reven ue Code, where such volun teers are not paid wages , but provi de servi ces purel y on a chari table and volun tary basis .

2. Any exemp ted emplo yer in this secti on may bring himse lf withi n the provi sion of this chapt er by filin g with the divis ion notic e of his elect ion to accep t the provi sions , or by purch asing and accep ting a valid compe nsati on insur ance polic y, which lists such elect ion in a manne r and such form as deter mined by the depar tment of insur ance. The elect ion shall take effec t and conti nue from the date of filin g with the divis ion by the emplo yer of his elect ion to accep t liabi lity, under this chapt er, or from the effec tive date of the insur ance polic y to the expir ation date of the insur ance polic y. Any emplo yer elect ing to becom e liabl e under this chapt er by filin g with the divis ion notic e of elect ion may withd raw his elect ion by filin g with the divis ion a notic e that he desir es to withd raw his elect ion, which withd rawal shall take effec t thirt y days after the date of the filin g, or at such later date as may be speci fied in the notic e of withd rawal .

287.0 91. 1. The follo wing emplo yers and class es of emplo yees may be exemp ted from cover age if the emplo yer so elect s:

(1) An emplo yer with four or fewer emplo yees, count ing the emplo yer, excep t that const ructi on indus try emplo yers who erect , demol ish, alter or repai r impro vemen t shall not have the optio n of exemp tion from cover age if they have one or more emplo yees;

(2) An indiv idual who is the owner and opera tor of a motor vehic le which is lease d or contr acted with a drive r to a for- hire commo n or contr act motor vehic le carri er opera ting withi n a comme rcial zone as defin ed in secti on 390.0 20 or 390.0 41, RSMo, or opera ting under a certi ficat e issue d by the trans porta tion divis ion of the depar tment of econo mic devel opmen t or by the inter state comme rce commi ssion ;

(3) Membe rs of limit ed liabi lity compa nies. An elect ion by membe rs of limit ed liabi lity compa nies to exemp t thems elves shall not exemp t the emplo yees of the limit ed liabi lity compa ny, if any, who are eligi ble for compe nsati on benef its as provi ded by this secti on;

(4) Any worke r who is a membe r of the emplo yer's famil y withi n the third degre e of affin ity or consa nguin ity, excep t this provi sion appli es only to emplo yers who are sole propr ietor s;

(5) Perso ns provi ding servi ces as adjud icato rs, sport s offic ials or conte st worke rs for inter schol astic activ ities progr ams or simil ar amate ur youth progr ams who are not other wise emplo yed by the spons oring schoo l, assoc iatio n of schoo ls or nonpr ofit tax exemp t organ izati on spons oring the amate ur youth progr ams.< p> 2. Any emplo yer in this secti on who wishe s to be exemp ted may exemp t himse lf from the provi sions of this chapt er by filin g with the divis ion notic e of his elect ion to exemp t himse lf from its provi sions . Any emplo yer who wishe s to exemp t class es of emplo yees in this secti on may purch ase and accep t a valid compe nsati on insur ance polic y for his emplo yees, which lists such exemp tions in a manne r and such form as deter mined by the depar tment of insur ance. The exemp tion shall take effec t and conti nue from the date of filin g with the divis ion by the emplo yer of his exemp tion from liabi lity under this chapt er, or from the effec tive date of the insur ance polic y to the expir ation date of the insur ance polic y. Any emplo yer elect ing to becom e exemp ted under this chapt er may withd raw his exemp tion by filin g with the divis ion a notic e that he desir es to withd raw his exemp tion, which withd rawal shall take effec t thirt y days after the date of the filin g, or at such later date as may be speci fic in the notic e of withd rawal .

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