Title XVIII — LABOR AND INDUSTRIAL RELATIONS

287.660. Fees. — 1. The division as agent of the department of revenue shall charge and collect the following fees, to be paid at least once each month into the state treasury to the credit of the fund for the support of the division of workers' compensation of the department of …

287.670. No fees for services of public officers. — Every public officer, without exacting a fee or charge therefor, shall furnish the commission or the division, on application, with a certified copy of any document, or part thereof, on file in his office, and no public officer …

287.680. Annual report to governor. — The commission and division shall make and submit to the governor, on or before the first day of February, in each year, a report containing a full and complete account of its transactions and proceedings under this chapter for the preceding …

287.690. Premium tax on insurance carriers, purpose, rate, how determined. — Prior to December 31, 1993, for the purpose of providing for the expense of administering this chapter, every person, partnership, association, corporation, whether organized under the laws of this or an…

287.700. Returns delinquent — duty of director. — If any such insurance carrier shall fail or refuse to make the return required by this chapter, the said director shall assess the tax against such insurance carrier or self-insurer at the rate provided for in this chapter on such…

287.710. Tax returns — payments — use of proceeds — funds and interest not to lapse. — 1. Every such insurance carrier or self-insurer, on or before the first day of March of each year, shall make a return, verified by the affidavit of its president and secretary or other chief o…

287.713. Director, report of expenditures. — The director of the division of workers' compensation shall make and submit to the governor, on or before the first day of February, in each year, a report on the expenditures made from the second injury fund in each of the four catego…

287.715. Annual surcharge required for second injury fund, amount, how computed, collection — violation, penalty — supplemental surcharge, amount, expiration date. — 1. For the purpose of providing for revenue for the second injury fund, every authorized self-insurer, and every w…

287.716. Surcharge on deductible plan policyholders, when, calculation of — notification of policyholders. — 1. For the purpose of providing funds for the administration of the workers' compensation division, the division director shall impose an annual administrative surcharge u…

287.717. Surcharge collection, procedure — failure to pay, interest assessed, when. — 1. Beginning January 1, 2004, the administrative surcharge established pursuant to section 287.716 shall be collected from deductible plan policyholders by each insurer at the same time and in t…

287.720. Companies withdrawing from state liable for taxes imposed — department of revenue empowered to collect. — If any such insurance carrier shall withdraw from business in this state before the tax shall fall due according to the provisions of this chapter, or shall fail or …

287.730. Employer carrying own risk must pay tax. — Wherever the employer carries his risk or whatever substitute schemes for insurance provided for in section 287.370 have been approved, the division shall inform the director of the department of commerce and insurance, who, the…

287.740. Compliance with provisions obligatory — penalty for violation. — Any person or persons who shall in this state act or assume to act as agent for any such insurance carrier whose authority to do business in this state has been suspended under this chapter, while such susp…

287.745. Delinquent taxes, interest, rate — overpayment of taxes, credit. — 1. If the tax imposed by sections 287.690, 287.710, and 287.715 are not paid when due, the taxpayer shall be required to pay, as part of such tax, interest thereon at the rate of one and one-half percent …

287.750. Sufficiency of notice. — Whenever by this chapter any officer is required to give any notice to any insurance carrier, the same may be given by mailing the same, postage prepaid, addressed to the principal office of the insurance carrier or its agent in this state, or to…

287.760. Insurance carriers exempt from other tax, when. — Any insurance carrier, foreign or domestic, liable to pay a tax upon its premiums or deposits under this chapter shall not be liable to pay any other or further tax upon such premiums or deposits under any other law of th…

287.780. Discrimination because of exercising compensation rights prohibited — civil action for damages — motivating factor defined. — No employer or agent shall discharge or discriminate against any employee for exercising any of his or her rights under this chapter when the exe…

287.790. Penalty not specifically provided — misdemeanor. — Any person, corporation, his or its directors, officers or agents, or any other person who violates any of the provisions of this chapter for which a penalty has not herein been specifically provided, shall be deemed gui…

287.800. Law to be strictly construed. — 1. Administrative law judges, associate administrative law judges, legal advisors, the labor and industrial relations commission, the division of workers' compensation, and any reviewing courts shall construe the provisions of this chapter…

287.801. Review of claims, by whom. — Beginning January 1, 2006, only administrative law judges, the commission, and the appellate courts of this state shall have the power to review claims filed under this chapter. ­­-------- (L. 2005 S.B. 1 & 130)

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 em…

287.808. Burden of proof. — The burden of establishing any affirmative defense is on the employer. The burden of proving an entitlement to compensation under this chapter is on the employee or dependent. In asserting any claim or defense based on a factual proposition, the party …

287.810. Change of administrative law judge, procedure, limitations. — 1. A change of administrative law judge shall be ordered in any hearing held under this chapter upon the filing of a written application for such change by any party or his agent or attorney. The application n…

287.811. Discovery in workers' compensation cases, sections not to effect. — Nothing in sections 536.024, 536.025, 536.037, 536.060, 536.067, 536.073, and section 621.045 shall be deemed to govern discovery between parties in workers' compensation cases. ­­-------- (L. 1995 S.B. …

287.812. Definitions. — As used in sections 287.812 to 287.855, unless the context clearly requires otherwise, the following terms shall mean: (1) "Administrative law judge", any person appointed pursuant to section 287.610 or section 621.015, or any person who hereafter may have…

287.813. Retirement, administrative law judges and legal advisors — participation in state employees' retirement system required, when. — Any administrative law judge or legal advisor who is originally employed as such on or after April 26, 2005, and who has not previously been c…

287.815. Retirement, age and service qualifications. — 1. Effective August 28, 1999, any person, sixty-two years of age or older, who has served or who has creditable service in this state for an aggregate of at least twelve years, or any person, sixty years of age or older, who …

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. — 1. Retirement benefits shall be paid to the reti…

287.825. Death of member before or after retirement — benefits of beneficiaries. — 1. On and after August 13, 1984, in the event that a person who is serving as an administrative law judge or legal advisor of the division dies, retirement benefits shall be paid in monthly install…

[Repealed or reserved.]

287.835. Removal from office bars benefits — intentional killing of administrative law judge or legal advisor bars survivor benefits, when. — 1. No benefits provided pursuant to sections 287.812 to 287.855 shall be paid to any person who has been removed from office by impeachmen…

287.840. Practice of law after retirement — restrictions. — No person, other than a beneficiary, who is receiving retirement benefits under the provisions of sections 287.812 to 287.855 shall engage in the practice of law or do law business unless that person complies with the pr…

287.845. Administration of retirement system and funds. — 1. The board shall administer the provisions of sections 287.812 to 287.855 and shall have the same powers, duties, and obligations in regard to the funds and the system provided for in such sections as it has in regard to…

287.846. Retirement benefit plan exclusive, exception — transfer of funds from other system. — 1. The retirement benefit plan established by the provisions of sections 287.812 to 287.855 shall be the only retirement benefit plan under which benefits shall be paid to persons based…

287.850. Life insurance benefits. — The board shall provide or contract for life insurance benefits under the provisions of section 104.515 for persons covered by sections 287.812 to 287.855 who, for the purpose of that section, shall be considered members of the Missouri state e…

287.855. Disability benefits. — Any administrative law judge or legal advisor who, while so employed, becomes disabled so that he or she is totally incapable of performing any duties of his or her office shall be entitled to disability benefits as provided by the Missouri state e…

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. — 1. Any administrative law judge or legal advisor as defined in section 287.812 who…

287.860. Guaranty association, created, all self-insured to be members — powers — withdrawing member, duties. — 1. There is hereby created a not-for-profit corporation to be known as the "Missouri Private Sector Individual Self-Insurers Guaranty Corporation", hereinafter referred…

287.862. Board of directors, members, appointment, qualifications — director to be member — terms, vacancies — expense reimbursement. — 1. The board of directors of the corporation shall consist of eight members, one of whom shall, on a permanent basis, be the director of the div…

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-insured member, procedure. — 1. Moneys colle…

287.867. Insolvency fund, created — purposes, audit of. — 1. Upon the adoption of a plan of operation, including, if applicable, the adoption of rules or regulations by the division of workers' compensation pursuant to section 287.870, there shall be created an "Insolvency Fund" …

287.870. Plan of operation, submitted to division, when — purpose, contents — effective, when. — 1. By January 1, 1993, or at such other date as is agreed upon between the board and the director, the board of directors shall submit to the division of workers' compensation a propo…

287.872. Powers and duties of division. — 1. The division shall: (1) Notify the corporation of the existence of an insolvent employer within a reasonable period of time, but not later, in any event, than ten working days after it receives notice of the determination of insolvency…

287.875. Assignment of recovery rights to corporation, when — receiver or liquidator, rights — corporation to file statements with receiver, when. — 1. Any person who recovers from the corporation under sections 287.860 to 287.885 shall be deemed to have assigned her or his right…

287.877. Insolvent member, board may determine, how — notice to division, when. — 1. Upon determination by majority vote that any member employer may be insolvent or in a financial condition hazardous to the employees thereof or to the public, it shall be the duty of the board of…

287.880. Liability, limitation of. — There shall be no liability on the part of, and no cause of action of any nature shall lie, whether at law or in equity, against, any member employer, the guaranty corporation or its agents or employees, the board of directors, or the division…

287.882. Automatic stay of proceedings, when, duration. — All proceedings in which an insolvent employer is a party, or is obligated to defend a party, in any court or before any quasi-judicial body or administrative board in this state shall be stayed for up to three months, or …

287.885. Limitations on actions. — Notwithstanding any other provision of this chapter, if a covered claim, as defined herein, for which settlement is not effected and for which suit is not instituted against the insured or the corporation within the time period provided in secti…

287.886. Severability clause. — If any provisions of sections 287.860 to 287.886 or the application thereof to any person or circumstances are* held invalid, such validity shall not affect other provisions or applications of this section which can be given effect without the inva…

287.892. Workers' compensation insurers to report cost data to department. — All workers' compensation insurers or their designated agents, self-insurers and state agencies responsible for the collection or maintenance of workers' compensation related data shall report claims inf…