REGULATORY ACTIVITY:

• The Division continues to offer most services remotely and electronically with some in-person matters heard by appointment only. Please read the health and safety guidelines for in-person appointments below.
• Notarized signatures for pro se claimants: When a stipulation for compromise settlement is signed by the pro se claimant after the telephone appearance before an ALJ the signature must be notarized. Electronic notary information is available on the MO Secretary of State’s website.
• Pre-hearings: It is preferred that Attorneys agree to submit one status report which will be reviewed by an ALJ who will make a minute entry and add the status report to the legal file. If an Attorney has not responded to attempts to communicate about the case then that can be expressed in the status report submitted to the Division.
• Requests for settings: Attorneys must communicate with one another about the case before requesting a setting of any type before an ALJ; the setting is intended to provide assistance with unresolved issues.
• Hearings: The Division will schedule hearings by teleconference, videoconference, and in-person settings with priority given to emergency hearings, PTDs, and some complex PPDs where credibility and liability are at issue. The Division may schedule other types of hearings and complex mediations as time/space allows.  A request for hearing should demonstrate that all discovery is complete, and issues are ready for final resolution. Expect to participate in a pre-trial conference to discuss issues, witnesses, how the hearing will take place, and how to submit exhibits electronically in advance of the hearing through Box.com. The Division is a resource if you need assistance with electronic submission of information and communication. Please reach out to a local office or the central office and let us know how we can help. Filings may be submitted to the Division by Box.com or by Fax to 573-522-5043. Instructions for Box.com are available on the Division’s website.  Local Office Docketing Contact Chart: Cape Girardeau, 573-290-5757, CGDocketing@labor.mo.gov;  Jefferson City, 573-751-4231,  JCDocketing@labor.mo.gov;  Joplin,  417-629-3032,  JoplinDocketing@labor.mo.gov; Kansas City, 816-889-2481, KCDocketing@labor.mo.gov;  Springfield, , 417-888-4100,  SGFDocketing@labor.mo.gov; St. Charles, 636-949-1999,  STCDocketing@labor.mo.gov; St. Joseph, 816-387-2275, STJoeDocketing@labor.mo.gov; St. Louis, 314-340-6865, STLDocketing@labor.mo.gov.
• IMPORTANT MATTERS TO CONSIDER BEFORE IN-PERSON HEARINGS: The safety of the Division’s employees, visitors, parties, and attorneys is paramount and therefore sufficient planning and preparation needs to occur before attending in-person hearings. If you, your client, or a witness can answer “Yes” to any of the following questions, please request a continuance and make arrangements for a telephone/video conference meeting by contacting the docket clerk at the local adjudication office. Do you, or a person you live with, have:
  • A temperature of 100.4⁰F or higher, OR;
  • Two or more of the following: chills, new loss of taste or smell, or unexplained body aches, headache, or sore throat, OR;
  • One or more of the following: dry, non-productive cough (new onset or worsening of chronic cough), shortness of breath, or difficulty breathing, OR;
  • Been with someone who has been regarded as being at high risk for infection, been tested positive for the virus or are in self-quarantine, or are assessing, treating and caring for those with COVID-19 symptoms in the health care field or in a hospital.
• Please remember that if you are attending an in-person hearing you need to practice social distancing and follow the guidelines posted at the Division’s facilities. These guidelines ask that you not enter the facilities if you answer “Yes” to any of the above questions. Visitors are encouraged to bring and wear their own masks. However, we are not requiring Division’s staff or visitors to wear facemasks at this time (unless 6 feet social distancing is not attainable).  To view this notice, go to https://labor.mo.gov/DWC.
• Published the State Average Weekly Wage and Maximums.  The State Average Weekly Wage and Maximums become effective July 1, 2020.  To view the announcement, go to https://labor.mo.gov/DWC/notices.

REGULATORY ACTIVITY:

• Published notice of adoption of an emergency rule that creates a presumption that First Responders infected by or quarantined due to COVID-19 are deemed to have contracted a contagious or communicable occupational disease arising out of and in the course of the performance of their employment.  To view the rule, go to https://www.sos.mo.gov/default.aspx?PageID=9845.
• Published Insurance Bulletin 20-15 regarding the extension of Bulletin 20-07 - Services Provided via Telehealth.  To view the bulletin, go to https://insurance.mo.gov/laws/bulletin/.

REGULATORY ACTIVITY:

• Issued an updated notice of operations during the CONVID-19 Pandemic.  To view the notice, go to https://labor.mo.gov/DWC.
• On April 7, 2020, the Department of Labor and Industrial Relations with its Division of Workers’ Compensation filed an emergency rule under the workers’ compensation statue to provide a presumption that first responders contracting COVID-19 were infected in the course of their employment. The Labor and Industrial Relations Commission voted unanimously to approve the emergency rule. On April 8, 2020, upon receipt of the signed approval of the Commission, the Department of Labor Director, Division of Workers’ Compensation Director and Department General Counsel signed a letter conveying the emergency rule to the Secretary of State and the Joint Commission on Administrative Rules. After ten business days from date of receipt by the Secretary of State and barring any substantive revisions, the emergency rule will be effective on April 22, 2020. The emergency rule allows for retroactive application of the presumption for instances which occurred prior to its effective date. 8 CSR 50-5.005 Presumption of Occupational Disease for First Responders.  To view this notice, go to https://labor.mo.gov/DWC.
• Issued a notice regarding docket changes.  To view the memo, go to  https://labor.mo.gov/DWC .

REGULATORY ACTIVITY:

• Effective March 19, 2020, all in-person docket settings and trials are canceled through April 17, 2020.
• Issued Bulletin 20-07 regarding provisions of services via telehealth.  The bulletin was issued on March 26, 2020, by the Department of Commerce and Insurance. To view the bulletin, go to https://insurance.mo.gov/laws/bulletin/documents/TelehealthBulletin.pdf

REGULATORY ACTIVITY:

• Posted notice of amendment to rule 20 CSR 500-6.100 Policy and Endorsement Forms amending sections 1.  This amendment corrects a drafting error present in the rule by removing a reference to an obsolete endorsement form.  To view this rule, go to https://www.sos.mo.gov/default.aspx?PageID=9804.
• Issued Insurance Bulletin 20-01 to inform and educate the reader on the specific issue of rate stability rules. To view the bulletin, go to https://insurance.mo.gov/laws/bulletin/.

REGULATORY ACTIVITY:

• Published notice of Workers'  Compensation Administrative Tax,  Administrative Surcharge,  Second  Injury  Fund Surcharge, and  Second Injury  Fund  Supplemental Surcharge for  the  2020 Calendar Year Rates.  The notice was published on October 31, 2019.  The rates for 2020 are Administrative Tax (authorized under Sec. 690) - 1.0 percent; Administrative Surcharge (authorized under Sec. 287.716) - 1.0 percent, Second Injury Fund Surcharge (authorized under Sec. 287.715) - 3.0 percent, and Second Injury Fund Supplemental Surcharge (authorized under Sec. 287.715.6) - 2.0 percent.  If you have questions or need additional information, contact the Division of Workers' Compensation at 800-775-2667 or the Missouri Department of Commerce and Insurance at 800-394-0964.  To view the notice, go to https://labor.mo.gov/DWC/notices.

REGULATORY ACTIVITY:

• Posted notice of adoption of rule 8 CSR 20-2.010 General Rules Governing Rules;  8 CSR 20-3.030 Review of Awards or Orders Issued by Administrative Law Judges; 8 CSR 20-3.060 Policy of the Commission; 8 CSR 20-4.010 Review Applications; and 8 CSR 20-8.010 Review of Decisions Issued by the Division of Workers' Compensation in Tort Victims' Compensation Cases.  All of these adopted rules amend existing rules. The notice of the proposed amendments was posted in the state register on May 15, 2019.  The adoption notice was posted in the state register dated September 2, 2019.  The adopted rules become effective on October 2, 2019.  To view the notice, go to https://www.sos.mo.gov/adrules/moreg/moreg.asp.

REGULATORY ACTIVITY:

• The Missouri Division of Workers’ Compensation (MODWC) will soon be transitioning from the IAIABC EDI Claims Release 1 standard to the IAIABC EDI Claims Release 3.1 standard for electronic reporting of workers’ compensation First Reports of Injury (FROI) and Subsequent Reports of Injury (SROI). The mandatory implementation is planned for July 2021, though the exact date will be announced later.  For additional information, go to https://labor.mo.gov/DWC.
• The State Average Weekly Wage (SAWW) used to determine maximum workers' compensation benefits for the fiscal year beginning July 1, 2019 and ending June 30, 2020 is $934.90. This SAWW produces the maximum weekly benefit rates for injury and illness occurring on or after July 1, 2019, as follows: Temporary Total Disability $981.65;  Permanent Total Disability $981.65;  Permanent Partial Disability $514.20; and  Death $981.65. The actual weekly wage rate necessary to attain the maximum benefit rate is $1,472.47 for Death, Temporary Total Disability and Permanent Total Disability and $771.29 for Permanent Partial Disability. Also, as of July 1, 2019, the mileage allowance for travel expenses is 55 cents per mile.

REGULATORY ACTIVITY:

• The Division of Workers’ Compensation accepts the Claim for Compensation and Answer to Claim for Compensation (with cover letter, if submitted) electronically from Law Firms where the attorneys are admitted practicing law in the State of Missouri. There is no cost to the Law Firm associated with setting up these email accounts.  To sign up please take the following steps:
  • 1) Send an email to ElectronicFiling@labor.mo.gov. Please include all authorized email addresses for the Law Firm to be allowed access to upload the filing electronically to the Division.
  • 2) You will receive an invitation to create your Box account for each email submitted. The invite will come from the Division inviting you to collaborate on Box. Accept the invite that appears below the name of your Law Firm.
  • 3) Once the Box account is created, you will be granted authority to upload the filing you are submitting into your Law Firm folder. The Division plans to sweep the filings daily. There will be no change to the Division’s current procedure for processing the Claim for Compensation or Answer to Claim for Compensation. You will continue to receive acknowledgments of filing by mail.  If you have any questions, please call 573-526-0359.  To view this notice, go to https://labor.mo.gov/DWC.
• Missouri has new State Average Weekly Wage and Maximums effective July 1, 2019. The State Average Weekly Wage (SAWW) used to determine maximum workers' compensation benefits for the fiscal year beginning July 1, 2019 and ending June 30, 2020 is $934.90. This SAWW produces the maximum weekly benefit rates for injury and illness occurring on or after July 1, 2019, as follows: Temporary Total Disability $981.65 Permanent Total Disability $981.65 Permanent Partial Disability $514.20 Death $981.65.  Also, as of July 1, 2019 the mileage allowance for travel is $.55 per mile. To view this notice, go to https://labor.mo.gov/DWC/notices.

REGULATORY ACTIVITY:

• Posted notice in the May 15 Register of proposed amendments to Rules 8 CSR 20-2.010 Governing Rules; 8 CSR 20-2.010 Jurisdiction; 8 CSR 20-3.030 Review of Awards or Orders Issued by Administrative Law Judges; and 8 CSR 20-3.060 Policy of the Commission. A brief summary of each of the proposed rules is below:
  • 8 CSR 20-2.010 Governing Rules. The Labor and Industrial Relations Commission (LIRC) is amending sections (1), (2), (3), (4), and (5). This amendment corrects inaccurate statements of the law with regard to timely filing, eases filing burdens for parties by removing the requirement to file three (3) copies and clarifies a litigant’s obligation to serve other parties when filing with the LIRC via facsimile.
  • 8 CSR 20-3.010 Jurisdiction. The Labor and Industrial Relations Commission (LIRC) is amending subsections (A) and (C) of section (3); amending section (4); amending subsections (B), (C), (D), (E), (F), (G) and (H) of section (5); adding a new subsection (I) to section (5); and adding a new section (6). This amendment clarifies the procedure for seeking com- mission approval of a lump sum settlement or commutation, provides guidance to parties seeking modification of final awards, and establishes new procedures for disputes pertaining to future medical treatment.
  • 8 CSR 20-3.030 Review of Awards or Orders Issued by Administrative Law Judges. The Labor and Industrial Relations Commission (LIRC) is amending section (1); amending subsections (A) and (B) of section (3); adding new subsections (C) and (D) to section (3); amending subsections (A) and (B) of section (4); amending section (5); and amending subsections (B) and (C) of section (5). This amendment clarifies procedures for filing briefs with the LIRC in workers’ compensation appeals and removes the requirement to file three (3) copies.
  • 8 CSR 20-3.060 Policy of the Commission. The Labor and Industrial Relations Commission (LIRC) is amending section (1); amending sub- section (B) of section (2); amending section (3); amending section (4); and amending subsections (C), (E), (F), and (G) of section (4). This amendment updates the LIRC’s policy in connection with continuances, clarifies language with regard to attorney fees where multiple attorneys may have worked on a case, and removes outdated language relating to compromise settlements that does not reflect the statutory requirements or modern practice.

To view the proposed rules, go to https://www.sos.mo.gov/default.aspx?PageID=9638

• The Missouri Department of Labor and Industrial Relations Division of Workers’ Compensation (DWC) continues to expand the use of Box Account, a virtual mailbox, to achieve efficiencies for its external stakeholders. The Attorney General’s Labor Unit recently began using Box to file Answers to Workers’ Compensation Claims filed by injured state employees. DWC has expanded the use of Box Account to achieve better efficiencies for its external stakeholders. The pilot program began in October 2018, which allowed attorneys and law firms to submit Claims and Answers electronically, at no cost, saving time and money. This has also decreased the DWC processing time of these documents and increased the savings on postage and labor. Instead of mailing DWC three copies of the documents with one to be returned to the attorney/law firm after being stamped, the final copies are now downloaded the next business day.  Because DWC staff is no longer waiting on mail deliveries to begin their work, they can be more efficient and get through claims faster. The filings are pulled four times a day starting at 7:00 a.m. and are distributed to staff members accordingly. This has allowed for same day processing of claims. Since October, DWC has had 102 law firms with 337 staff members sign up for Box Account. This has resulted in 2,072 total electronic filings. Though filing through mail cannot be eliminated completely at this time, the DWC is hoping to allow electronic submission of most documents. DWC Director Colleen Joern Vetter praised staff members for continuing “to respond to our stakeholders’ requests to make their interactions with us easier, more convenient, saving time and money. And there are more improvements coming.” There are no fees for signing up to use this service, all that is needed is an email address, and it will result in immediate savings in time and money. For more information on the Box Account and how-to sign-up visit https://labor.mo.gov/content/claim-filing-law-firms.