1430S.03S CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 303 AN ACT To repeal sections 287.170, 287.180, 287.220, 287.280, 287.480, and 287.715, RSMo, and to enact in lieu thereof six new sections relating to workers' compensation. Be it enacted by the General Assembly of the State of Missouri, as follows: 1 Section A. Sections 287.170, 287.180, 287.220, 287.280, 2 287.480, and 287.715, RSMo, are repealed and six new sections 3 enacted in lieu thereof, to be known as sections 287.170, 4 287.180, 287.220, 287.280, 287.480, and 287.715, to read as 5 follows: 1 287.170. 1. For temporary total disability the 2 employer shall pay compensation for not more than four 3 hundred weeks during the continuance of such disability at 4 the weekly rate of compensation in effect under this section 5 on the date of the injury for which compensation is being 6 made. The amount of such compensation shall be computed as 7 follows: 8 (1) For all injuries occurring on or after September 9 28, 1983, but before September 28, 1986, the weekly 10 compensation shall be an amount equal to sixty-six and two- 11 thirds percent of the injured employee's average weekly 12 earnings as of the date of the injury; provided that the 13 weekly compensation paid under this subdivision shall not 14 exceed an amount equal to seventy percent of the state 15 average weekly wage, as such wage is determined by the 1 16 division of employment security, as of the July first 17 immediately preceding the date of injury; 18 (2) For all injuries occurring on or after September 19 28, 1986, but before August 28, 1990, the weekly 20 compensation shall be an amount equal to sixty-six and two- 21 thirds percent of the injured employee's average weekly 22 earnings as of the date of the injury; provided that the 23 weekly compensation paid under this subdivision shall not 24 exceed an amount equal to seventy-five percent of the state 25 average weekly wage, as such wage is determined by the 26 division of employment security, as of the July first 27 immediately preceding the date of injury; 28 (3) For all injuries occurring on or after August 28, 29 1990, but before August 28, 1991, the weekly compensation 30 shall be an amount equal to sixty-six and two-thirds percent 31 of the injured employee's average weekly earnings as of the 32 date of the injury; provided that the weekly compensation 33 paid under this subdivision shall not exceed an amount equal 34 to one hundred percent of the state average weekly wage; 35 (4) For all injuries occurring on or after August 28, 36 1991, the weekly compensation shall be an amount equal to 37 sixty-six and two-thirds percent of the injured employee's 38 average weekly earnings as of the date of the injury; 39 provided that the weekly compensation paid under this 40 subdivision shall not exceed an amount equal to one hundred 41 five percent of the state average weekly wage; 42 (5) For all injuries occurring on or after September 43 28, 1981, the weekly compensation shall in no event be less 44 than forty dollars per week. 45 2. Temporary total disability payments shall be made 46 to the claimant by check or other negotiable [instruments 47 approved by the director which will not result in delay in 48 payment] instrument, or by electronic transfer or other 2 49 manner authorized by the claimant, and shall be forwarded 50 directly to the claimant without intervention, or, when 51 requested, to claimant's attorney if represented, except as 52 provided in section 454.517, by any other party except by 53 order of the division of workers' compensation. 54 3. An employee is disqualified from receiving 55 temporary total disability during any period of time in 56 which the claimant applies and receives unemployment 57 compensation. 58 4. If the employee is terminated from post-injury 59 employment based upon the employee's post-injury misconduct, 60 neither temporary total disability nor temporary partial 61 disability benefits under this section or section 287.180 62 are payable. As used in this section, the phrase "post- 63 injury misconduct" shall not include absence from the 64 workplace due to an injury unless the employee is capable of 65 working with restrictions, as certified by a physician. 66 5. If an employee voluntarily separates from 67 employment with an employer at a time when the employer had 68 work available for the employee that was in compliance with 69 any medical restriction imposed upon the employee within a 70 reasonable degree of medical certainty as a result of the 71 injury that is the subject of a claim for benefits under 72 this chapter, neither temporary total disability nor 73 temporary partial disability benefits available under this 74 section or section 287.180 shall be payable. 1 287.180. 1. For temporary partial disability, 2 compensation shall be paid during such disability but not 3 for more than one hundred weeks, and shall be sixty-six and 4 two-thirds percent of the difference between the average 5 earnings prior to the accident and the amount which the 6 employee, in the exercise of reasonable diligence, will be 7 able to earn during the disability, to be determined in view 3 8 of the nature and extent of the injury and the ability of 9 the employee to compete in an open labor market. The amount 10 of such compensation shall be computed as follows: 11 (1) For all injuries occurring on or after September 12 28, 1983, but before September 28, 1986, the weekly 13 compensation shall be an amount equal to sixty-six and two- 14 thirds percent of the injured employee's average weekly 15 earnings as of the date of injury; provided that the weekly 16 compensation paid under this subdivision shall not exceed an 17 amount equal to seventy percent of the state average weekly 18 wage, as such wages are determined by the division of 19 employment security, as of the July first immediately 20 preceding the date of injury; 21 (2) For all injuries occurring on or after September 22 28, 1986, but before August 28, 1990, the weekly 23 compensation shall be an amount equal to sixty-six and two- 24 thirds percent of the injured employee's average weekly 25 earnings as of the date of the injury; provided that the 26 weekly compensation paid under this subdivision shall not 27 exceed an amount equal to seventy-five percent of the state 28 average weekly wage, as such wage is determined by the 29 division of employment security, as of the July first 30 immediately preceding the date of injury; 31 (3) For all injuries occurring on or after August 28, 32 1990, but before August 28, 1991, the weekly compensation 33 shall be an amount equal to sixty-six and two-thirds percent 34 of the injured employee's average weekly earnings as of the 35 date of the injury; provided that the weekly compensation 36 paid under this subdivision shall not exceed an amount equal 37 to one hundred percent of the state average weekly wage; 38 (4) For all injuries occurring on or after August 28, 39 1991, the weekly compensation shall be an amount equal to 40 sixty-six and two-thirds percent of the injured employee's 4 41 average weekly earnings as of the date of the injury; 42 provided that the weekly compensation paid under this 43 subdivision shall not exceed an amount equal to one hundred 44 five percent of the state average weekly wage. 45 2. Temporary partial disability payments shall be made 46 to the claimant by check, or other negotiable instrument 47 [approved by the director which will not result in delay in 48 payment], or by electronic transfer or other manner 49 authorized by the claimant. 1 287.220. 1. There is hereby created in the state 2 treasury a special fund to be known as the "Second Injury 3 Fund" created exclusively for the purposes as in this 4 section provided and for special weekly benefits in 5 rehabilitation cases as provided in section 287.141. 6 Maintenance of the second injury fund shall be as provided 7 by section 287.710. The state treasurer shall be the 8 custodian of the second injury fund which shall be deposited 9 the same as are state funds and any interest accruing 10 thereon shall be added thereto. The fund shall be subject 11 to audit the same as state funds and accounts and shall be 12 protected by the general bond given by the state treasurer. 13 Upon the requisition of the director of the division of 14 workers' compensation, warrants on the state treasurer for 15 the payment of all amounts payable for compensation and 16 benefits out of the second injury fund shall be issued. 17 2. All cases of permanent disability where there has 18 been previous disability due to injuries occurring prior to 19 January 1, 2014, shall be compensated as provided in this 20 subsection. Compensation shall be computed on the basis of 21 the average earnings at the time of the last injury. If any 22 employee who has a preexisting permanent partial disability 23 whether from compensable injury or otherwise, of such 24 seriousness as to constitute a hindrance or obstacle to 5 25 employment or to obtaining reemployment if the employee 26 becomes unemployed, and the preexisting permanent partial 27 disability, if a body as a whole injury, equals a minimum of 28 fifty weeks of compensation or, if a major extremity injury 29 only, equals a minimum of fifteen percent permanent partial 30 disability, according to the medical standards that are used 31 in determining such compensation, receives a subsequent 32 compensable injury resulting in additional permanent partial 33 disability so that the degree or percentage of disability, 34 in an amount equal to a minimum of fifty weeks compensation, 35 if a body as a whole injury or, if a major extremity injury 36 only, equals a minimum of fifteen percent permanent partial 37 disability, caused by the combined disabilities is 38 substantially greater than that which would have resulted 39 from the last injury, considered alone and of itself, and if 40 the employee is entitled to receive compensation on the 41 basis of the combined disabilities, the employer at the time 42 of the last injury shall be liable only for the degree or 43 percentage of disability which would have resulted from the 44 last injury had there been no preexisting disability.