Missouri Revised Statutes
Chapter 287 - Workers' Compensation Law
Section 287.952 - Rate standards in noncompetitive market, factors.

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 287.021 - Sheriffs and deputy sheriffs to be covered by workers' compensation — average earnings defined.

Section 287.030 - Employer defined.

Section 287.035 - Partners, sole proprietors may elect to receive benefits for themselves — employees, effect — insurer's liability — intent of law — withdrawal of employee from coverage, procedure.

Section 287.037 - Member of limited liability company to receive coverage, rejection of coverage, rescission of rejection — S corporation, certain shareholders may elect or reject coverage.

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 287.061 - Occupational or business license for construction contractors, city or county — duty to require proof of workers' compensation coverage, when, effect.

Section 287.063 - Occupational diseases, presumption of exposure — last employer liable — statute of limitations, starts running, when.

Section 287.067 - Occupational disease defined — repetitive motion, loss of hearing, radiation injury, communicable disease, others.

Section 287.070 - Occupational diseases directly related to cleanup of an illegal drug manufacturing lab.

Section 287.090 - Exempt employers and occupations — election to accept — withdrawal — notification required of insurance companies.

Section 287.100 - Legislative intent relative to other laws expressed.

Section 287.110 - Scope of chapter as to injuries and diseases covered.

Section 287.120 - Liability of employer set out — compensation increased or reduced, when — use of alcohol or controlled substances or voluntary recreational activities, injury from — effect on compensation — mental injuries, requirements, firefighte...

Section 287.123 - Insurers to establish safety engineering and management services program — requirements — division to maintain registry.

Section 287.124 - Department of labor and industrial relations, certification of employer safety programs, when.

Section 287.126 - Toll-free telephone number for workers' compensation information, division to establish.

Section 287.127 - Notice, employer to post, contents — division to develop, distribute, and publish notice, when — penalty.

Section 287.128 - Unlawful acts, penalties — fraud or noncompliance, complaint may be filed, effect — fraud and noncompliance unit established, purpose, confidentiality of records — annual report, contents.

Section 287.129 - False billing practices of health care provider, defined, effect — department of commerce and insurance, powers — penalty.

Section 287.130 - Employer's liability joint and several — contribution allowable.

Section 287.135 - Managed care services, department to establish program to certify organizations, procedures — effect on fees and services.

Section 287.140 - Employer to provide medical and other services, transportation, artificial devices, reactivation of claim — duties of health care providers — refusal of treatment, effect — medical evidence — division, commission responsibilities —...

Section 287.141 - Physical rehabilitation, defined, division of workers' compensation to administer — procedure.

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 287.146 - Employee authorized to receive vocational rehabilitation, when — duties of director.

Section 287.148 - Loss of suitable, gainful employment, how determined — severe injury, defined — plan, duration, costs allowed.

Section 287.149 - Benefits to be paid, when — reduction of benefits, when.

Section 287.150 - Subrogation to rights of employee or dependents against third person, effect of recovery — construction design professional, immunity from liability, when, exception — waiver of subrogation rights on certain contracts void, employer...

Section 287.160 - Waiting period — compensation, how paid — interest, how computed — not credit to employer for wages or benefits paid, exception.

Section 287.170 - Temporary total disability, amount to be paid — method of payment — disqualification, when — post injury misconduct defined — benefits not payable, when.

Section 287.180 - Temporary partial disability, amount to be paid — method of payment.

Section 287.190 - Permanent partial disability, amount to be paid — permanent partial disability defined — permanent total and partial total disability require certification by physician on compensability — award reduced when.

Section 287.195 - Claims for hernia, proof required.

Section 287.197 - Occupational deafness — tests, claims, awards, liability of employer, effect of hearing aid.

Section 287.200 - Permanent total disability, amount to be paid — suspension of payments, when — toxic exposure, treatment of claims.

Section 287.203 - Termination of compensation by employer, employee right to hearing — assessment of costs.

Section 287.210 - Physical examination of employee — exchange of medical records — admissibility of physician's, coroner's records — autopsy may be ordered.

Section 287.215 - Injured employee to be furnished copy of his statement, otherwise inadmissible as evidence — statement, what is not to be included.

Section 287.220 - Compensation and payment of compensation for disability — second injury fund created, services covered, actuarial studies required — failure of employer to insure, penalty — records open to public, when — concurrent employers, effec...

Section 287.223 - Missouri mesothelioma risk management fund created — definitions — issuance of payments, when — board of trustees, appointment, meetings, duties.

Section 287.230 - Payment of compensation at death of employee — exceptions — abrogation of case law.

Section 287.240 - Death benefits and burial expenses, amount, to whom paid and when paid — dependent defined — death benefits, how distributed — record of dependents, employer to keep — dependents to report to division, procedure.

Section 287.241 - Death benefits, inconsistent with section 287.240, when.

Section 287.243 - Line of duty compensation — definitions — claim procedure — distribution — no subrogation rights for employers or insurers — grievance procedures — sunset date — fund created, use of moneys — rulemaking authority.

Section 287.245 - Volunteer firefighters, grants for workers' compensation insurance premiums — or cancer benefits pool.

Section 287.250 - Compensation, computation of — average weekly wage, division or commission may determine, when — additional compensation for persons under twenty-one, when — multiple employers, computation of coverage — weekly wage — compromise set...

Section 287.252 - Cafeteria plan payroll deductions, not to reduce computation of employee compensation.

Section 287.253 - Monetary bonus, effect on benefits.

Section 287.260 - Compensation to have priority — not assignable — exceptions.

Section 287.266 - Payments made to public assistance recipients to be a debt due state, recovery by state — attorney's fees — assignment of rights — apportionment by judge, when.

Section 287.270 - Benefits from other sources no bar to compensation, exception, professional athletes.

Section 287.280 - Employer's entire liability to be covered, self-insurer or approved carrier — exception — group of employers may qualify as self-insurers, requirements — rules — confidential records.

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 287.335 - Determinations review board, created, purpose — code classifications, classification system, review of, duties.

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 287.380 - Employer or insurer to make report to division, requirements — information not to be disclosed — failure to report, penalty.

Section 287.390 - Compromise settlements, how made — validity, effect, settlement with minor dependents — employee entitled to one hundred percent of offer, when — maximum medical improvement, rating from second physician, when.

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 287.460 - Division hearings, findings sent to parties and insurer — mediation services, division to establish procedures, requirements.

Section 287.470 - Commission may review and change award.

Section 287.480 - Application for review, time limit — when deemed filed — bond required, when.

Section 287.490 - Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising before August 13, 1980.

Section 287.495 - Final award conclusive unless an appeal is taken — grounds for setting aside — disputes governed by this section, claims arising on or after August 13, 1980.

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 287.560 - Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid.

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 287.610 - Additional administrative law judges, appointment and qualification, limit on number — annual evaluations — review committee, retention vote — jurisdiction, powers — continuing training required — performance audits required — rules...

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 287.640 - Necessary offices to be provided, where — salaries — traveling expenses, how paid — hearings, where held.

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 287.660 - Fees.

Section 287.670 - No fees for services of public officers.

Section 287.680 - Annual report to governor.

Section 287.690 - Premium tax on insurance carriers, purpose, rate, how determined — use of funds for employers mutual insurance company, purpose.

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 287.715 - Annual surcharge required for second injury fund, amount, how computed, collection — violation, penalty — supplemental surcharge, amount.

Section 287.716 - Surcharge on deductible plan policyholders, when, calculation of — notification of policyholders.

Section 287.717 - Surcharge collection, procedure — failure to pay, interest assessed, when.

Section 287.720 - Companies withdrawing from state liable for taxes imposed — department of revenue empowered to collect.

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 287.780 - Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined.

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 287.813 - Retirement, administrative law judges and legal advisors — participation in state employees' retirement system required, when.

Section 287.815 - Retirement, age and service qualifications.

Section 287.820 - Benefits, amount, how payable — exemption from execution, certain judgment claims to be unassignable, exception — contributions to health care plan — consultants appointment, compensation, annual increases, how computed.

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 287.835 - Removal from office bars benefits — intentional killing of administrative law judge or legal advisor bars survivor benefits, when.

Section 287.840 - Practice of law after retirement — restrictions.

Section 287.845 - Administration of retirement system and funds.

Section 287.846 - Retirement benefit plan exclusive, exception — transfer of funds from other system.

Section 287.850 - Life insurance benefits.

Section 287.855 - Disability benefits.

Section 287.856 - Administrative law judges and legal advisors serving in Armed Forces may elect to purchase creditable prior service — contributions, payment period — surviving spouse may receive refund.

Section 287.860 - Guaranty association, created, all self-insured to be members — powers — withdrawing member, duties.

Section 287.862 - Board of directors, members, appointment, qualifications — director to be member — terms, vacancies — expense reimbursement.

Section 287.865 - Moneys not deemed state moneys — use of funds — reports to director, when — additional powers of corporation — assessments, division shall levy, amount — no dividends to be paid — bankruptcy, dissolution, or insolvency of self-insur...

Section 287.867 - Insolvency fund, created — purposes, audit of.

Section 287.870 - Plan of operation, submitted to division, when — purpose, contents — effective, when.

Section 287.872 - Powers and duties of division.

Section 287.875 - Assignment of recovery rights to corporation, when — receiver or liquidator, rights — corporation to file statements with receiver, when.

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 287.894 - Insurers to report medical claims data to division of workers' compensation, contents — consolidated health plan, duties — purpose — costs — penalty for failure to comply.

Section 287.896 - Residual market, department to develop plan — insurers to participate, rates, procedures — duties of director.

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 287.907 - Administrator, hiring of, qualifications, compensation — powers of board, generally.

Section 287.909 - Administrator, duties of, bond required — immunity from liability, board and employees.

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 287.917 - Workplace safety program, administrator to formulate — safety plan, contents — rates may be reduced, when.

Section 287.919 - Company not to receive state appropriation, exception — revenue bonds, authorization, terms, execution, procedures.

Section 287.920 - Audit required, when, procedure — report, contents, governor and general assembly to receive — administrator to formulate budget — department, duties — subscribers to be provided policy, when.

Section 287.930 - Definitions.

Section 287.932 - Act not applicable, when — unfair trade practices, when.

Section 287.935 - Insurer and advisory organization not to make agreement restraining trade — insurer must use uniform experience rating plan — exceptions.

Section 287.937 - Director may conduct examinations — insurer and advisory organizations to maintain records, purpose — cost of examination — outstate examination may be accepted.

Section 287.940 - Penalties for violations, director may impose — each day a separate violation, when — license may be suspended or revoked, when.

Section 287.942 - Competitive market presumed to exist, when — reasonable degree of competition, factors.

Section 287.945 - Director to monitor degree of competition, purpose.

Section 287.947 - Insurers to file rate information in competitive market with the director, purpose — noncompetitive market, information filed — form of filing — public inspection.

Section 287.950 - Competitive market, rates not to be excessive, inadequate, unfairly discriminatory.

Section 287.952 - Rate standards in noncompetitive market, factors.

Section 287.955 - Insurers to adhere to uniform classification system, plan — director to designate advisory organization, purpose, duties — risk premium modification plan, requirements.

Section 287.957 - Experience rating plan, contents.

Section 287.960 - Disapproval of rate, when, how — procedures, director's powers — effect.

Section 287.962 - Hearings, when, conduct of — findings made, when — right to judicial determination.

Section 287.965 - Aggrieved party may file application with director, hearing held, when — findings, effect of.

Section 287.967 - Advisory organization must obtain license, restrictions — license, application — designation of by director, duration.

Section 287.970 - Advisory organization not to file rates on behalf of insurer, exception.

Section 287.972 - Advisory organization's permitted activities — director may allow pure premium rate data to be distributed.

Section 287.975 - Pure premium rate, schedule of rates, filed with director, when — payroll differential, advisory organization to collect data, when, purpose — construction group, submission to advisory organization.