Effective - 28 Aug 1980
287.010. Citation of law. — This chapter shall be known as "The Workers' Compensation Law".
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(RSMo 1939 § 3689, A.L. 1980 H.B. 1396)
Prior revision: 1929 § 3299
(1960) Defenses that injuries to employee were subject to workmen's compensation law and that plaintiff was estopped to sue by accepting benefits cannot be raised by motion to dismiss but should be asserted by answer. Roberts v. Epicure Foods Co. (Mo.), 330 S.W.2d 837.
(1960) Fact that employee who is required to work in place where she necessarily inhaled noxious fumes with the result that she contracted pulmonary emphysema did not render the workmen's compensation law of Missouri inapplicable to her injury. Common law action for negligence of employer dismissed. Oggesen v. General Cable Corp., 273 F.2d 331.
(1962) Where maintenance man in attempting to unlock a perforating machine placed a pipe over wrench handle and bounced up and down on end of pipe thereby sustaining back injury, the injury was an accident and compensable. Brotherton v. International Shoe Company (A.), 360 S.W.2d 108.
(1962) Evidence supported finding claimant as result of fall suffered fifteen percent permanent partial disability of left arm where elbow was enlarged and would tire during the day although there was no loss of motion and claimant suffered no loss of earnings. Franklin v. St. Louis Independent Packing Company (A.), 360 S.W.2d 350.
(1963) Evidence was sufficient to justify finding of industrial commission that claimant sustained an accident when he slipped on floor and twisted his back while holding a sixty-pound sack of sugar and fell resulting in injuries to his lower back notwithstanding his medical testimony was only to the effect that it was possible that the accident resulted in the back injury. Smith v. Terminal Transfer Company (A.), 372 S.W.2d 659.
(1967) Where employee was injured in automobile accident while on the way to work in transportation furnished by the employer, the transportation was an implied term of and within the scope of the employment contract, and the accident arose out of and in the course of employee's employment. Griffin v. Ross (A.), 411 S.W.2d 649.
(1967) An accidental injury "arises out of" employment only when there is a causal connection between the employee's injury and his employment, and a claimant meets this requirement only when the injury is the rational consequence of an act incidental to his employment. Blatt v. Metropolitan Life Insurance Co. (A.), 413 S.W.2d 533.
(1967) A showing that claimant's job involved pulling two hundred and fifty pound car loaded with staves onto a skid and was done intentionally in accordance with preconceived design and that nothing unusual occurred other than claimant feeling a pain was not sufficient evidence to sustain the burden of proof that claimant had experienced an accident arising out of and in the course of his employment. Bauer v. Independent Stave Co. (A.), 417 S.W.2d 693.
(1968) Driver hired by delivery service to work exclusively on hauling for cooperage company, under the direction and control of cooperage company, was employee of cooperage company for workmen's compensation purposes. Feldmann v. Dot Delivery Service (A.), 425 S.W.2d 491.
(1980) Exclusive remedy of parents of deceased worker for compensation for alleged wrongful death of worker in employment accident under Workers' Compensation Law; overruling Miller v. Hotel Savoy Co. (A.), 68 S.W.2d 929. Combs v. City of Maryville (A.), 609 S.W.2d 475.
(1991) Where worker alleges wrongful discharge and intentional infliction of emotional distress, Missouri's workers' compensation law provides exclusive remedy for emotional distress inflicted during course of employment. Waldermeyer v. ITT Consumer Financial Corp., 767 F.Supp. 989 (E.D. Mo.).
(1993) Where employee alleged former employer invaded her privacy because there was peep hole between her bathroom and supervisors' bathroom, court ruled that in all instances where an injured person seeks to hold employer liable under any common law tort theory, including intentional torts, for injuries resulting from work experiences, Labor and Industrial Relations Commission has exclusive initial jurisdiction to determine whether injuries are result of an accident covered by workers' compensation. Massey v. Victor I. Phillips Co., 827 F.Supp. 597 (W.D. Mo.).
(1993) Where police officer alleged intentional torts by city and by co-employees individually, claim against city was barred by workers' compensation act; however, claims against individual co-employees, including police chief, were not barred by workers' compensation act. Russell v. City of Overland Police Dept., 838 F.Supp 1350 (E.D. Mo.).
(1993) Where claimant who was employed by company based in Jefferson City was traveling home from job site at Lake of the Ozarks with saw belonging to company in car, travel did not serve mutual benefit and dual purpose doctrine did not apply. Accident did not occur on employer's premises or at work site; therefore, claim did not fall within workers' compensation act. Stockman v. J.C. Industries, Inc., 854 S.W.2d 24 (Mo. App. W.D.).
Structure Missouri Revised Statutes
Title XVIII - Labor and Industrial Relations
Chapter 287 - Workers' Compensation Law
Section 287.010 - Citation of law.
Section 287.020 - Definitions — intent to abrogate earlier case law.
Section 287.030 - Employer defined.
Section 287.040 - Liability of employer — contractors, subcontractors.
Section 287.041 - For-hire motor carrier not an employer of a lessor — definition.
Section 287.043 - Abrogation of case law regarding definition of owner.
Section 287.060 - Employers and employees affected by this act.
Section 287.100 - Legislative intent relative to other laws expressed.
Section 287.110 - Scope of chapter as to injuries and diseases covered.
Section 287.130 - Employer's liability joint and several — contribution allowable.
Section 287.143 - Vocational rehabilitation services, not mandatory — testing and assessment.
Section 287.144 - Definitions.
Section 287.145 - Rehabilitation practitioners, providers, certification of, how.
Section 287.149 - Benefits to be paid, when — reduction of benefits, when.
Section 287.180 - Temporary partial disability, amount to be paid — method of payment.
Section 287.195 - Claims for hernia, proof required.
Section 287.241 - Death benefits, inconsistent with section 287.240, when.
Section 287.253 - Monetary bonus, effect on benefits.
Section 287.260 - Compensation to have priority — not assignable — exceptions.
Section 287.282 - Employee leasing arrangements, coverage required.
Section 287.290 - Employee not to pay cost of insurance.
Section 287.300 - Employer's liability primary or secondary — notice and service, when sufficient.
Section 287.310 - Policies to be approved by department — deductible plans authorized, requirements.
Section 287.340 - Insurance companies must keep reserve.
Section 287.350 - Insurance companies to make report.
Section 287.360 - Director may suspend or revoke permits and ask for a receiver.
Section 287.370 - Compensation in lieu of insurance, how provided.
Section 287.400 - Accident — duty of division — employer.
Section 287.410 - Powers and functions of the division of workers' compensation.
Section 287.420 - Written notice of injury to be given to employer — exceptions.
Section 287.430 - Limitation as to action, exception.
Section 287.440 - Limitation begins to run, when.
Section 287.450 - Failure to agree on compensation — division to hold hearings.
Section 287.470 - Commission may review and change award.
Section 287.480 - Application for review, time limit — when deemed filed — bond required, when.
Section 287.500 - Circuit court may act upon memorandum — procedure.
Section 287.510 - Temporary or partial awards may be made.
Section 287.520 - Notice — manner of serving.
Section 287.530 - Commission or division may commute compensation, when and how.
Section 287.540 - Compensation commuted — funds, how paid out.
Section 287.550 - Proceedings before commission to be informal and summary.
Section 287.570 - Contempt — penalty.
Section 287.580 - Death, pending proceedings — action shall not abate.
Section 287.590 - Division may be sued — official seal.
Section 287.600 - Oath of office.
Section 287.615 - Employees of division — compensation — selection.
Section 287.620 - Attorney general legal adviser.
Section 287.630 - Forms, other material furnished by commission and division.
Section 287.642 - Public information programs, division to establish.
Section 287.650 - Division to make rules and regulations — power to destroy reports, when — rules.
Section 287.655 - Dismissal of claims, when, how, effect.
Section 287.670 - No fees for services of public officers.
Section 287.680 - Annual report to governor.
Section 287.700 - Returns delinquent — duty of director.
Section 287.710 - Tax returns — payments — use of proceeds — funds and interest not to lapse.
Section 287.713 - Director, report of expenditures.
Section 287.717 - Surcharge collection, procedure — failure to pay, interest assessed, when.
Section 287.730 - Employer carrying own risk must pay tax.
Section 287.740 - Compliance with provisions obligatory — penalty for violation.
Section 287.745 - Delinquent taxes, interest, rate — overpayment of taxes, credit.
Section 287.750 - Sufficiency of notice.
Section 287.760 - Insurance carriers exempt from other tax, when.
Section 287.790 - Penalty not specifically provided — misdemeanor.
Section 287.800 - Law to be strictly construed.
Section 287.801 - Review of claims, by whom.
Section 287.804 - Waiver of compensation by employee, procedure.
Section 287.808 - Burden of proof.
Section 287.810 - Change of administrative law judge, procedure, limitations.
Section 287.811 - Discovery in workers' compensation cases, sections not to effect.
Section 287.812 - Definitions.
Section 287.815 - Retirement, age and service qualifications.
Section 287.825 - Death of member before or after retirement — benefits of beneficiaries.
Section 287.830 - Retirement with less than twelve years service — benefits.
Section 287.840 - Practice of law after retirement — restrictions.
Section 287.845 - Administration of retirement system and funds.
Section 287.850 - Life insurance benefits.
Section 287.855 - Disability benefits.
Section 287.867 - Insolvency fund, created — purposes, audit of.
Section 287.872 - Powers and duties of division.
Section 287.877 - Insolvent member, board may determine, how — notice to division, when.
Section 287.880 - Liability, limitation of.
Section 287.882 - Automatic stay of proceedings, when, duration.
Section 287.885 - Limitations on actions.
Section 287.886 - Severability clause.
Section 287.892 - Workers' compensation insurers to report cost data to department.
Section 287.900 - Citation of law — definitions.
Section 287.902 - Missouri employers mutual insurance company, created, powers, purpose.
Section 287.905 - Board, created — members, appointment, qualifications, terms — chairman.
Section 287.910 - Rates, board to determine, how.
Section 287.912 - Investment policy, board to determine — administrator to make investments, how.
Section 287.915 - Agents may sell policies, commissions.
Section 287.930 - Definitions.
Section 287.932 - Act not applicable, when — unfair trade practices, when.
Section 287.945 - Director to monitor degree of competition, purpose.
Section 287.952 - Rate standards in noncompetitive market, factors.
Section 287.957 - Experience rating plan, contents.
Section 287.960 - Disapproval of rate, when, how — procedures, director's powers — effect.
Section 287.970 - Advisory organization not to file rates on behalf of insurer, exception.