SB 777 - This act modifies provisions of Workers' Compensation Law.

1. This act modifies the definition of "accident" with regard to the proof of work-relatedness requiring evidence that work was a substantial factor in the causal relationship as stated in Smith v. Climate Engineering.

2. This act adds sole proprietors and limited liability partners, and partners or copartners comprising a partnership to the definition of "employer".

3. Currently, any reference to the employer also includes his insurer. Under this act, it would also include a group self- insurer.

4. Currently, a person who has work done on his premises under a contract is deemed an employer and is liable to the contractor and employees if such persons are injured or killed on the premises. This act specifies that liability applies to "qualified employees", which shall not include the contractor owners or executive officers.

5. Currently, any city or county is required to receive a certificate of workers' compensation insurance from any applicant before issuing an occupational or business license. This act would limit the requirement to contractors only, and would require contractors who are exempt from workers' compensation insurance to sign an affidavit attesting to their exemption. This portion of the act is similar to SB 733 (1996).

6. The injured worker, the last employer and any prior employers of the injured worker may join any other prior employer to determine if there was repetitive motion exposure and to determine where the liability lies. If the injured worker does not cooperate in testifying to the facts surrounding a repetitive motion injury, the administrative law judge shall suspend all rights to workers' compensation benefits for that injured worker.

7. Currently, exempted employers may subject themselves or any class of exempted employees to Workers' Compensation Law by filing with the Division a notice of election to accept the provisions. This act also requires a list to be filed which includes the exempted employments.

8. Fraudulent workers' compensation insurance acts are punishable as a Class A misdemeanor, as well as a fine.

9. Hospitals and others providing medical care to the employee currently are required to allow records of the employee to be provided to the Division, the employer, the employee and any other party to the proceeding. This act states that such provision applies to all records from every hospital and others providing medical aid at any time, before and after the employee's injury, which pertain to any relevant parts of the body alleged to have been injured.

10. This act allows the employer to settle liability concerning prosthetic devices.

11. This act prohibits the payment of workers' compensation benefits for temporary total, temporary partial or permanent total disability at the same time the employee is receiving unemployment benefits.

12. This act allows vocational examinations, and allows examinations at the request of the State Treasurer as custodian of the Second Injury Fund. This act also allows testimony by vocational experts.

13. When calculating the total average weekly wage of any employee who has multiple employments, this act specifies that such employments apply to the employee's entitlement to temporary total or partial disability benefits only. The amount of non- workers' compensation benefits shall be subtracted from the amount found to be due. The compensation rate is the one the employee would have been entitled to receive had the employee been working only for that employer at the time of the injury.

14. Section 287.337 is repealed, which requires rates and rating systems for construction employees to be based on the intrastate modification rate if the employer has a credible Missouri Intrastate Modification Rate; Employers without such a rate are subjected to a higher rate. This provision is identical to part of SCS/SB 270 (1997).

15. Currently, there are different reporting requirements for injuries involving less than $500 in medical costs. This act would remove the distinction in reporting injuries, making all injuries reported in the same way, sa was done prior to 1993. This provision is identical to SB 730 (1996) and part of SCS/SB 270 (1997).

16. No administrative law judge, legal advisor or other Workers' Compensation Division employee shall refer or direct any injured party to a specific attorney, physician or other provider of services. Violation of this provision shall be grounds for termination of employment or discipline. The Division shall approve any reasonable compromise settlement. This provision is similar to SB 266 (1997).

17. A written award shall be issued no later than 30 days after hearing the last of the evidence, which shall occur no later than 60 days after commencement of the hearing, except in extraordinary circumstances.

18. This act allows filings by electronic fax on applications for review.

19. Administrative Law Judges shall not reopen any prior award except to correct a clerical error within 20 days of the original award. The Labor and Industrial Relations Commission may correct a clerical error within 30 days of the final award.

20. This act provides that records shall be available for at least ten years.

21. Under certain circumstances, a judge may dismiss any claim for compensation if the employee files for dismissal, and no notice of hearing shall be required.

22. This act allows for a uniform experience rating plan for groups of employers qualified to insure under Chapters 287 or 537, RSMo.

23. Documents filed by an applicant pursuant to Chapters 287 or 537, RSMo., to comply with agency regulations shall be closed records.

24. This act is similar to a number of provisions in SB 829 (1996).
MARGARET J. TOALSON