Effective - 28 Aug 2005
287.804. Waiver of compensation by employee, procedure. — 1. An employee may file an application with the division of workers' compensation to be excepted from the provisions of this chapter in respect to certain employees. The application shall include a written waiver by the employee of all benefits under this chapter and an affidavit by the employee and employer, that the employee and employer are members of a recognized religious sect or division, as defined in 26 U.S.C. 1402(g), by reason of which they are conscientiously opposed to acceptance of benefits of any public or private insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical bills, including the benefits of any insurance system established under the Federal Social Security Act, 42 U.S.C. 301 to 42 U.S.C. 1397jj.
2. The waiver and affidavit required by subsection 1 of this section shall be made upon a form to be provided by the division of workers' compensation.
3. An exception granted in regard to a specific employee shall continue to be valid until such employee rescinds the prior rejection of coverage or the employee or sect ceases to meet the requirements of subsection 1 of this section.
4. Any rejection pursuant to subsection 1 of this section shall be prospective in nature and shall entitle the employee only to reject such benefits that accrue on or after the date the rescission form is received by the insurance company.
--------
(L. 2005 S.B. 1 & 130)
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.