SCS/SB 290 - This act makes changes to workers' compensation laws.REDUCTION OF WORKERS' COMPENSATION AWARD BASED ON USE OF DRUGS (SECTION 287.120)
Under current law, if an employee fails to obey any rule or policy of an employer relating to the use of alcohol or nonprescribed controlled drugs in the workplace, the compensation or death benefit available under workers' compensation laws shall be reduced by 50% if the injury was sustained in conjunction with the use of alcohol or nonprescribed controlled drugs.
This act provides that any positive test taken within 48 hours of an injury for a nonprescribed controlled drug from an employee shall give rise to a rebuttable presumption that the tested nonprescribed controlled drug was in the employee's system and that the injury was sustained in conjunction with the use of the drug.
This provision is similar to provisions in the truly agreed to HCS/SS/SCS/SB 66 (2017), HCS/SS/SCS/SB 113 (2017), HCS/HB 1100 (2017), and SCS/HB 289 (2017).
REACTIVATION OF CLAIMS FOLLOWING SETTLEMENT (SECTION 287.140)
Under current law, a claim for compensation may be reactivated following the completion of settlement of such claim. Under this act, reactivation may not be made if the employee has explicitly agreed that such a claim cannot be reactivated.
This provision is identical to a provision in HCS/HB 1100 (2017).
TERMINATION OF DISABILITY PAYMENTS (SECTION 287.170)
If an employee voluntarily separates from employment at a time when the employer made work available for the employee which was in compliance with any medical restriction imposed upon the employee as a result of an injury that is the subject of a claim for benefits under workers' compensation, neither temporary total disability nor temporary partial disability benefits shall be payable to the employee.
This provision is substantially similar to provisions in the truly agreed to HCS/SS/SCS/SB 66 (2017), HCS/SS/SCS/SB 113 (2017), SCS/HB 289 (2017), and HCS/HB 1100 (2017).
DISCHARGE AND DISCRIMINATION (SECTION 287.780)
Under current law, no employer or agent shall discharge or in any way discriminate against any employee for exercising any of his or her rights under workers' compensation statutes. This act changes that so that no employer or agent shall discharge or discriminate against any employee for exercising any of his or her rights under this chapter when the exercising of such rights is the motivating factor of the discharge.
This provision is substantially similar to a provision in the truly agreed to HCS/SS/SCS/SB 66 (2017), HCS/SS/SCS/SB 113 (2017), SCS/HB 289 (2017), and HCS/HB 1100 (2017), and HB 1227 (2017).
SCOTT SVAGERA