Title XVIII, LABOR AND INDUSTRIAL RELATIONS

287.440. Limitation begins to run, when. — Where recovery is denied to any person in a suit brought at law or in admiralty to recover damages in respect of bodily injury or death on the ground that the person was an employee and the defendant was an employer subject to and within…

287.450. Failure to agree on compensation — division to hold hearings. — If the employer and employee or his dependents do not agree in regard to compensation payable under this chapter, either party may make application in a manner determined by the division for a hearing in reg…

287.460. Division hearings, findings sent to parties and insurer — mediation services, division to establish procedures, requirements. — 1. The division, through an administrative law judge, shall hear in a summary proceeding the parties at issue and their representatives and wit…

287.470. Commission may review and change award. — Upon its own motion or upon the application of any party in interest on the ground of a change in condition, the commission may at any time upon a rehearing after due notice to the parties interested review any award and on such …

287.480. Application for review, time limit — when deemed filed — bond required, when. — 1. If an application for review is made to the commission within twenty days from the date of the award, the full commission, if the first hearing was not held before the full commission, sha…

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. — 1. The final award of the commission shall be conclusive and binding unless either party to the dispute shall within…

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. — 1. The final award of the commission shall be conclusive and binding unless either party to the dispute shall, …

287.500. Circuit court may act upon memorandum — procedure. — Any party in interest may file in the circuit court of the county in which the accident occurred, a certified copy of a memorandum of agreement approved by the division or by the commission or of an order or decision o…

287.510. Temporary or partial awards may be made. — In any case a temporary or partial award of compensation may be made, and the same may be modified from time to time to meet the needs of the case, and the same may be kept open until a final award can be made, and if the same b…

287.520. Notice — manner of serving. — 1. Any notice required under this chapter shall be deemed to have been properly given and served when sent by registered or certified mail properly stamped and addressed to the person or entity to whom given, at the last known address in tim…

287.530. Commission or division may commute compensation, when and how. — 1. The compensation provided in this chapter may be commuted by the division or the commission and redeemed by the payment in whole or in part, by the employer, of a lump sum which shall be fixed by the div…

287.540. Compensation commuted — funds, how paid out. — On notice to the other parties the commission or court may permit the employer to be discharged from further liability under any agreement, award or judgment for compensation by furnishing to the person entitled thereto an a…

287.550. Proceedings before commission to be informal and summary. — All proceedings before the commission or any commissioner shall be simple, informal, and summary, and without regard to the technical rules of evidence, and in accordance with section 287.800. All such proceedin…

287.560. Division or commission may administer oaths, issue process, take depositions — depositions may be taken by electronic means — costs, how paid. — The division, any administrative law judge thereof or the commission, shall have power to issue process, subpoena witnesses, a…

287.570. Contempt — penalty. — If any person subpoenaed to appear at any hearing or proceeding, fails to obey the command of such subpoena without reasonable cause, or if any person at attendance at any hearing or proceeding shall without reasonable cause, refuse to be sworn, or …

287.580. Death, pending proceedings — action shall not abate. — If any party shall die pending any proceedings under this chapter, the same shall not abate, but on notice to the parties may be revived and proceed in favor of the successor to the rights or against the personal rep…

287.590. Division may be sued — official seal. — The division may sue and be sued in its official name. The division shall have an official seal bearing the inscription: "The Division of Workers' Compensation of the Department of Labor and Industrial Relations". The official seal…

287.600. Oath of office. — Each person appointed to office of employment by the division shall, before entering upon his duties, take and subscribe to an oath or affirmation to support the Constitution of the United States, and of this state, and to faithfully and honestly discha…

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. — 1. After August 28, 2005, the divis…

*287.615. Employees of division — compensation — selection. — 1. The division may appoint or employ such persons as may be necessary to the proper administration of this chapter. All salaries to clerical employees shall be fixed by the division and approved by the labor and indus…

287.620. Attorney general legal adviser. — It shall be the duty of the attorney general to furnish the division or the commission with such legal services as may be required, and to appear on behalf of the division or the commission in all actions or proceedings to which they may…

287.630. Forms, other material furnished by commission and division. — The division and the commission shall prepare and furnish free of charge blank forms of all notices, claims, reports, proofs, and other blank forms and literature which they may deem proper and requisite to th…

287.640. Necessary offices to be provided, where — salaries — traveling expenses, how paid — hearings, where held. — 1. The division of workers' compensation shall be provided with offices at the state capital, and St. Louis, St. Joseph, Cape Girardeau, Joplin, Springfield and Ka…

287.642. Public information programs, division to establish. — The division of workers' compensation shall create in each of its area offices a public information program to assist all parties involved with an injury or claim under this chapter. ­­-------- (L. 1992 H.B. 975 § 1, …

287.650. Division to make rules and regulations — power to destroy reports, when — rules. — 1. The division of workers' compensation shall have such powers as may be necessary to carry out all the provisions of this chapter including the use of electronic processes, and it may ma…

287.655. Dismissal of claims, when, how, effect. — Any claim before the division may be dismissed for failure to prosecute in accordance with rules and regulations promulgated by the commission. Such notice shall be made in a manner determined by the division, except that for the…

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)