SB 1293 - This act, establishes that in cases of serious injury involving disability following the period of rendition of medical aid as provided by subsection 1 of Section 287.140, where physical rehabilitation is necessary, a sum equal to fifty percent of the applicable temporary-total disability compensation rate per week benefit from the second injury fund in the state treasury shall be paid to the employee while the employee is actually being rehabilitated. Under current law the employer must offer and the employee must accept the offer for forty dollars per week during such period of disability. Any such injured employee shall be entitled to continuous employment with the same employer to the occupation engaged in when the injury was sustained. Further, no Family and Medical Leave Act entitlements or restoration rights, or similar federal or state laws relating to such topic, shall be reduced while the employee is unable to work as a result of an occupation injury or illness. (Section 287.141)

The act changes the time constraints that a determination must be made as to whether the employee has sustained an injury that results in loss of suitable gainful employment by replacing within one hundred and twenty days of the date of the injury to sixty days from the date of the employee's application for vocational rehabilitation services. Further the employer will not make such a determination but rather the Director of the Division will. If a rehabilitation practitioner or provider is retained by the employer, pursuant to Section 287.148.1, the rehabilitation practitioner or provider must meet the enumerated requirements within ten days rather than ninety as under current law. The Director rather than the employer, as under current law, shall have the authority to extend the vocational rehabilitation plan for such time beyond twenty-six weeks as the director deems reasonable. An extension of the plan shall be done with the intent of returning the employee to not only gainful employment, as under current law, but rather to gainful employment at comparable wages. The act removes the cost cap for implementing the vocational plan. (Section 287.148)

The act changes the dates in which payment of benefit payments are due by the employer or their insurer. (Section 287.160)

In relation to temporary total disability, the act limits the application of Section 287.170.1(4) to injuries occurring before August 28, 2004. Further the act states that for all injuries occurring on or after August 28, 2004 the weekly compensation shall be 66 2/3 percent of the injured employees average weekly earnings. Additionally the injured employer shall be entitled to continuous employment with the same employer and in the same occupation that the individual held when the injury occurred, when released by a physician to return to work and no Family Medical Leave Act Entitlements or other similar rights shall be reduced as a result of the injury. (Section 287.170)

In relation to temporary partial disability, the act limits the application of 287.180.1(4) to injuries occurring before August 28, 2004. Further the act states that for all injuries occurring on or after August 28, 2004, the weekly compensation shall be 66 2/3 percent of the injured employees average weekly earnings. Additionally, no Family Medical Leave Act Entitlements or other similar rights shall be reduced as a result of the injury. (Section 287.780)

The act places the burden of proof on the employee to show that the employer knew or should have known that discharge or discrimination in violation of this chapter was occurring.
RICHARD MOORE