Title XVIII — LABOR AND INDUSTRIAL RELATIONS

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…

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. — 1. All commercial insurance carriers licensed to sell workers' compensation insurance in the stat…

287.896. Residual market, department to develop plan — insurers to participate, rates, procedures — duties of director. — 1. Within forty-five days of August 28, 1993, the director of the department of commerce and insurance shall approve a plan of operation for a new residual ma…

287.921. Conversion of Missouri employers mutual insurance company to a private mutual insurance corporation, when — procedure. — 1. For purposes of this section, the following terms mean: (1) "Company", any independent public corporation created for the purpose of insuring Misso…

287.922. Effective date. — The repeal of sections 287.900, 287.902, 287.905, 287.907, 287.909, 287.910, 287.912, 287.915, 287.917, 287.919, and 287.920 of this act and the repeal and reenactment of sections 287.690 and 375.1275 of this act shall become effective on January 1, 202…

287.930. Definitions. — As used in sections 287.930 to 287.975, the following terms mean: (1) "Accepted actuarial standards", the standards adopted by the Casualty Actuarial Society in its Statement of Principles Regarding Property and Casualty Insurance Ratemaking, and the Stand…

287.932. Act not applicable, when — unfair trade practices, when. — 1. Nothing in sections 287.930 to 287.975 prohibits or regulates the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, bu…

287.935. Insurer and advisory organization not to make agreement restraining trade — insurer must use uniform experience rating plan — exceptions. — 1. No insurer or advisory organization shall make any arrangement with any other insurer, advisory organization or other person whi…

287.937. Director may conduct examinations — insurer and advisory organizations to maintain records, purpose — cost of examination — outstate examination may be accepted. — 1. The director may examine any insurer and the advisory organization as deemed necessary to ascertain comp…

287.940. Penalties for violations, director may impose — each day a separate violation, when — license may be suspended or revoked, when. — 1. The director may, upon a finding that any person or organization has violated any provision of sections 287.930 to 287.975, impose a pena…

287.942. Competitive market presumed to exist, when — reasonable degree of competition, factors. — 1. A competitive market is presumed to exist unless the director, after hearing, determines that a reasonable degree of competition does not exist in the market and the director iss…

287.945. Director to monitor degree of competition, purpose. — In determining whether or not a competitive market exists pursuant to section 287.942, the director shall monitor the degree of competition in this state. In doing so, the director shall use existing relevant informat…

287.947. Insurers to file rate information in competitive market with the director, purpose — noncompetitive market, information filed — form of filing — public inspection. — 1. In a competitive market, every insurer shall file with the director all rates and supplementary rate i…

287.950. Competitive market, rates not to be excessive, inadequate, unfairly discriminatory. — 1. Rates in a competitive market shall not be excessive, inadequate or unfairly discriminatory. Rates are excessive if it is likely to produce a long-run profit that is unreasonably hig…

287.952. Rate standards in noncompetitive market, factors. — In determining whether rates comply with the excessiveness standard in a noncompetitive market, the inadequacy standard and the unfair discrimination standard, the following criteria shall apply: (1) Due consideration m…

287.955. Insurers to adhere to uniform classification system, plan — director to designate advisory organization, purpose, duties — risk premium modification plan, requirements. — 1. Every workers' compensation insurer shall adhere to a uniform classification system and uniform e…

287.957. Experience rating plan, contents. — The experience rating plan shall contain reasonable eligibility standards, provide adequate incentives for loss prevention, and shall provide for sufficient premium differentials so as to encourage safety. The uniform experience rating…

287.960. Disapproval of rate, when, how — procedures, director's powers — effect. — 1. A rate may be disapproved at any time subsequent to the effective date. A rate subject to prefiling under section 287.947 may also be disapproved before the effective date. A rate for a residua…

287.962. Hearings, when, conduct of — findings made, when — right to judicial determination. — 1. Any hearing under this section shall be held at a place designated by the director and upon not less than thirty days' written notice to the insurer or the advisory organization. A f…