Legislative Column for the Week of Monday, April 29, 2013
Ushering Workers' Compensation Bills Past the Legislative Finish Line
With the curtain soon to close on the 2013 legislative session, the Missouri Legislature is working overtime to send quality bills to the governor for his signature. Though hundreds of bills are introduced throughout session, the goal is to get the quality ones past the legislative finish line, as change for the sake of change isn’t necessarily beneficial. One of the most important issues this session is to address the state’s workers’ compensation system, specifically the Second Injury Fund and occupational diseases. Workers’ compensation is a critical jobs issue and needs the Legislature’s attention. We need to ensure that employees receive care if they are seriously hurt on the job, while making sure businesses aren’t tarnished and can continue to prosper in Missouri.

My sponsored bill to address workers’ compensation issues, SB 1, was approved by the Senate in February. It recently came back with revisions from the House, and now the upper chamber is requesting a conference committee to iron out any differences on the bill. The legislation aims to revitalize the Second Injury Fund, which, in January, was noted to have more than $28.1 million in unpaid liabilities and has no existing means to pay the benefits.

As passed by the Senate, the bill notes that, if funds for the Second Injury Fund are inadequate, a supplemental surcharge not to exceed 1.5 percent for 2013 would be implemented, making the maximum rate employers pay for their workers’ compensation insurance premium 4.5 percent. A surcharge not to exceed 3 percent would be collected for subsequent years if collections are inadequate; the additional surcharges would expire in December 2020. The bill also establishes a priority for paying fund liabilities. In addition, SB 1 states that occupational diseases are exclusively covered under workers’ compensation laws. Claims for occupational disease would fall under two categories; one tier addresses nine toxic diseases and eligible citizens would receive an enhanced remedy of $150,000. The second category deals with mesothelioma, in which case citizens affected by this disease would receive an increased remedy of $600,000.

Another bill to address workers’ compensation, HB 404, was voted out of the Senate Small Business, Insurance, and Industry Committee. The House bill has similar language to SB 1, and also addresses the Second Injury Fund and occupational diseases. If approved by the Legislature and signed by the governor, the legislation would take effect on Aug. 28.

Senate Bill 1 and HB 404 would create quality solutions for businesses, as well as aid countless citizens who have received injuries or other ailments at work and are in the direst need of care — we are working very hard to pass these bills to help those people. If you have questions about workers’ compensation, please don’t hesitate to contact my Capitol office. Thank you and God bless.