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MO SB827

Bill

Status

Introduced

2/22/2012

Primary Sponsor

Jason Crowell

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Origin

Senate

2012 Regular Session

AI Summary

  • Employees are not liable for injuries or deaths compensable under workers' compensation, except when the employee engaged in an affirmative negligent act with purpose to cause or increase injury risk.

  • Compensation increases by 15 percent when injury is caused by employer's failure to comply with state statutes or lawful division or commission orders.

  • Compensation reduces 25-50 percent when employee fails to use provided safety devices or obey employer safety rules, provided the employee had actual knowledge of the rule and the employer made reasonable efforts to enforce compliance.

  • Benefits are reduced 50 percent or forfeited entirely if injury involves alcohol or nonprescribed controlled drug use in violation of employer policy; voluntary intoxication creates rebuttable presumption of causation; employee refusal to test results in benefit forfeiture if employer had sufficient cause to suspect use.

  • Benefits are forfeited if recreational activity participation is the prevailing cause of injury, unless the employee was directly ordered to participate, paid wages or travel expenses, or the injury occurred on employer premises due to unsafe conditions the employer knew about but failed to remedy.

  • Mental injuries from work-related stress do not qualify for benefits unless stress is proven extraordinary and unusual; mental injuries from disciplinary action, evaluations, transfers, layoffs, demotions, or terminations taken in good faith are excluded.

Legislative Description

Modifies the law relating to workers' compensation co-employee liability

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

2/23/2012

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence2/23/2012

Full Bill Text

No bill text available