Workers’ comp revisions become law

Legislation limits the
types of work injuries
covered by the state.
Thursday, March 31, 2005 | 12:00 a.m. CST; updated 11:26 p.m. CDT, Wednesday, July 16, 2008

JEFFERSON CITY — Gov. Matt Blunt signed a fundamental rewrite of the state workers’ compensation system into law Wednesday. The changes will reduce the number of injuries that qualify for benefits and increase scrutiny on the program’s judges.

Blunt praised the new law, which his Democratic opponents say will make life harder for injured workers, as a necessary reform to a program he says is costing Missouri business.

“This will make Missouri a better place to foster economic development,” Blunt said. “It restores balance to the system and makes Missouri more competitive with other states.”

The laws join a growing list of pro-business measures enacted under the Blunt administration, which took over in January. One of Blunt’s first acts as governor was to knock down collective bargaining rights for state workers. Earlier this week, he signed new limits on awards in medical malpractice and liability lawsuits. Blunt promised all three during his campaign last fall.

The workers’ compensation legislation tightens the definition of what kind of injuries are covered. Only those injuries for which the job is deemed to be the “prevailing” cause would earn benefits. Heart attacks at the workplace or car accidents while driving a company car would not qualify.

It will also increase the number of judges who decide workers’ compensation cases and require that judges follow a strict interpretation of the law. The new seats on the bench will be filled by Blunt.

Supporters say the changes are necessary to cut down on fraud and reduce the number of cases that end up in costly litigation. They say new laws will make Missouri more attractive to businesses.

“Our economy is a mess,” said House Speaker Rod Jetton, R-Marble Hill. “We have to do something to sort it out.”

Opponents have said the bill puts too much pressure on legitimately injured workers and doesn’t address the system’s real problems.

“Let’s make sure there’s no fraud, but let’s also make sure we’re fair to workers,” said Rep. Clint Zweifel, D-Florissant, who also works as a research and education director for the Teamsters union in St. Louis.

“I wouldn’t sign this bill if I didn’t believe it was beneficial to the workers of our state,” Blunt said.

In addition to reducing the number of injuries that qualify for benefits, the law will:

  • Limit the fees that lawyers for injured workers can collect.
  • Increase the maximum number of workers’ compensation judges from 30 to 40 and create a review process that would allow for a panel to vote judges off the bench. Workers’ comp judges now serve for life.
  • Allow employers to make workers use vacation or sick days to take time off for treatment.
  • Prohibit workers fired for “post-injury misconduct” from receiving compensation.
  • Reduce the amount a worker can collect if he or she is injured while violating safety regulations.
  • Require that complaints of pain be objectively verified by a doctor before they are admissible in court.

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