[net-gold] Missouri Mulls More Work Comp Reform
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Thu, 24 Mar 2011 11:29:27 -0400 (EDT)
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Date: Thu, 24 Mar 2011 11:10:20 -0000
From: JonG <jon@xxxxxxxxxxx>
Reply-To: Net-Gold@xxxxxxxxxxxxxxx
To: Net-Gold@xxxxxxxxxxxxxxx
Subject: [Net-Gold] Missouri Mulls More Work Comp Reform
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Missouri Mulls More Work Comp Reform
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Guest Blog by B. Michael Korte
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The Missouri legislature is again considering a
number of proposals to change its workers'
compensation system. Every year brings various
efforts to continue to ratchet down the benefits
provided to injured workers, but this year is the
first since 2005 that any change is expected.
That year, extensive changes were passed,
including a requirement that cases be construed
"strictly" rather than liberally.
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Strict construction has proven to be a two-edged
sword, with courts recently strictly construing
Missouri law to allow more civil lawsuits against
fellow employees, and perhaps excluding
occupational diseases from the workers'
compensation system and allowing them to proceed
in the civil court system.
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Legislation will almost certainly pass in the
pro-business-dominated legislature to close these
loopholes. What remains to be seen is whether the
legislature will finally act to save the state's
second injury fund.
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The 2005 legislation placed a hard cap on funding
for the fund, which has left it nearly bankrupt.
The fund stopped making settlement offers in 2009,
but now is finding itself unable to pay arrearages
on permanent total disability awards. Although
numerous independent audits agree that lifting the
cap would solve the problem, legislative proposals
are focusing instead on limiting or eliminating
the fund.
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The legislature will have until its adjournment on
May 13 to solve the problem, but will also be
consumed with budgetary and other problems in the
meantime.
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B. Michael Korte practices in Kirkwood, Missouri
(The Korte Law Firm). B. Michael Korte is the
author of Missouri Practice Vol. 29, Workers
Compensation Law and Practice. He previously served
as president of the Missouri Association of Trial
Attorneys, and has been awarded its Outstanding
Service Award. He previously served as president of
the Missouri Association of Trial Attorneys, and has
been awarded its Outstanding Service Award.
He frequently lectures statewide at seminars
sponsored by the Missouri Division of Workers'
Compensation, bar associations, and other groups.
He has served as the chair of the Missouri Bar
Association Workers' Compensation Committee and as
President of Kids' Chance, Inc., a workers
compensation charity.
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Complete Article With Links:
http://tinyurl.com/4ubgmva
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Jon L. Gelman LLC |
Attorney at Law |
http://www.gelmans.com
1700 State Route 23 Suite 120 |
Wayne NJ 07470-7537
o. 973 696-7900 |
direct f. 973-807-1811 |
mailto:
jon@xxxxxxxxxxx
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Blog-Workers Compensation :
http://workers-compensation.blogspot.com/
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Twitter :
http://www.twitter.com/jongelman
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Facebook Group :
http://tinyurl.com/yljckqh
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LinkedIn-Injured Workers Law & Advocacy Group :
http://tinyurl.com/2f7lsks
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Blog-Burn Pit Claims :
http://tinyurl.com/28apkym
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Other related posts:
- » [net-gold] Missouri Mulls More Work Comp Reform - David P. Dillard
