MO SB878

Redefines "occupational disease" to require that occupational exposure be the "prevailing factor" (primary factor) in causing both the medical condition and disability, excluding ordinary deterioration from aging or normal daily activities.

Adds recognition of repetitive motion injuries, hearing loss from industrial noise, radiation disability, and contagious/communicable diseases as occupational diseases, with specific requirements for firefighters and police officers to establish direct causal relationships.

Expands employer liability exceptions to include employees engaged in affirmative negligent acts that purposefully and dangerously caused or increased injury risk, and establishes that employers acting knowingly and certainly to cause employee injury forfeit exclusive remedy and subrogation rights.

Establishes a Second Injury Fund Commission composed of the governor, attorney general, senate president pro tempore, and house speaker to determine supplemental surcharges (up to 1.5%) on workers' compensation insurance for calendar years 2013-2019 to maintain fund solvency.

Changes Second Injury Fund actuarial study requirement from every three years to annually beginning July 1, 2013, and limits fund liability to claims filed and medical expenses incurred prior to July 1, 2012.