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MO HB2104

Bill

Status

Introduced

3/30/2012

Primary Sponsor

Kevin Elmer

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Expands workers' compensation coverage for construction industry employers to include one or more employees (previously required five or more), defining covered entities as those that demolish, repair, renovate, or newly construct buildings or structures, while excluding maintenance and repair providers unless they employ five or more employees.

  • Establishes a fraud and noncompliance administrative unit within the division of workers' compensation to investigate fraud, with violations prosecuted by the attorney general as class D felonies (up to $10,000 fine or double fraud value), class A misdemeanors (up to $10,000 fine), or class C felonies for repeat offenses depending on violation type.

  • Allows uninsured employers to avoid certain penalties on a first offense only if they discharge all employee medical expenses and compensation liability, and pay a fine not exceeding $500; provides the Second Injury Fund as payor of last resort for uninsured employer claims with strict procedural requirements including certified mail service within 120 days.

  • Modifies Second Injury Fund claims and payouts by requiring employees to prove outstanding bills exist, limiting permanent total disability payments to 200 times 105% of state average weekly wage, and allowing the fund to pursue recovery against uninsured employers through circuit court judgment.

  • Changes Second Injury Fund actuarial study requirement from every three years to annually, effective July 1, 2011, with updated references to workers' compensation claim forms and adjusted terminology throughout the statute.

Legislative Description

Changes the laws regarding workers' compensation and the Second Injury Fund

Last Action

Referred: Workforce Development and Workplace Safety (H)

4/12/2012

Committee Referrals

Workforce Development And Workplace Safety4/12/2012

Full Bill Text

No bill text available