June 12, 2008
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MO Legislative Summary
Missouri lawmakers approved legislation on 5/19/08 to
overturn the state Supreme Court’s controversial “Schoemehl"
decision, but failed to agree on what to do to stabilize the Second Injury
Fund.
The legislature sent the bill to Gov. Matt Blunt.
Legislators struggled to resolve the issues of the decision and the Fund
throughout most of the session. Lawmakers intensified their efforts to reach an
agreement on a final approach to the fund’s problems in the final week of the
legislative session, and reached a compromise shortly before the session’s
final adjournment.
Senate and House members approved a conference committee report on House Bill
1883 by Rep. Bob Nance, R-Excelsior City, which dealt originally with
employment issues.
Lawmakers amended the bill to include provisions relating to overtime and
preventing employers from requiring workers to be implanted with microchips,
and then included language aimed at overturning the MO Supreme Court’s decision
in "Schoemehl v. Treasurer of the State of Missouri", which
held that survivors of injured workers could continue to collect disability
benefits after an injured worker died of causes not related to the injury.
The Senate also amended HB 1883 to make changes intended to stabilize the
Second Injury Fund and returned the measure to the House. But the bill then
encountered opposition from some House leaders who favored other approaches to
the overhauling the fund.
The back-and-forth action between the two chambers ended with the measure going
to a conference committee, with the Senate and House approving. Legislators
were unable to agree on a measure to stabilize the fund, but were able to agree
on overturning "Schoemehl". However, Rep. Steve Hunter
continues to hold public hearings during the Summer of 2008 on repairing the
Second Injury Fund.
A report by PricewaterhouseCoopers in August concluded that the short-term
impact of the decision would increase fund payouts by 1% beginning in 2008 and
increase them 4.94% by 2012.
To read more about HB 1883 follow this link: http://www.house.mo.gov/billtracking/bills081/bills/hb1883.htm.
KS Legislative Summary
The following Bills relating to Workers' Compensation were reviewed in the session that wrapped up this Spring:
HB 2821 - Insurance: relating to rates and rate modifications for workers' compensation insurance. On 2/12/08 it was referred to the Insurance and Financial Institutions Committee.
HB 2848 - Workers' Compensation: relating to bilateral scheduled injuries. On 2/13/08 it was referred to Judiciary.
HB 2912 - Workers' Compensation: relating to benefits. On 2/18/08 it was referred to Commerce and Labor.
HB 2937 - Workers' Compensation: relating to bilateral scheduled injuries. On 3/14/08 the House motion to withdraw from Committee failed.
To read more about any of the above bills please follow this link: http://www.kslegislature.org/legsrv-legisportal/index.do.
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