SCS/SB 878 - This act allows the State to request a medical examination of an injured employee in Second Injury claims and modifies the admissibility of medical reports in Second Injury cases.

This act also changes interest calculations for worker's compensation payments under subsection 3 of Section 287.160, RSMo. Interest is due 15 days after an award unless otherwise modified. Current law allows thirty days until a payment is late, and provides for interest after the thirty-day period.

The employer shall file a medical report justifying any decision to terminate benefits for temporary total disability. If the employee objects to the benefit termination there will be a hearing and payments will continue until the case is resolved. If it is determined that the employee was ineligible for the payment, the employer shall receive an award against the employee; if the payor was an insurance company, it shall be entitled to take a tax credit equal to the amount of the overpayment.

The statute of limitations for Second Injury Fund claims regarding "one year after a claim is filed" is repealed and the Administrative Law Judge may order a medical examination when there is a claim against the Second Injury Fund.

Portions of this act are similar to SB 641 and SB 714 (2000).
DAVID VALENTINE