Mo. Code Regs. tit. 8 § 20-3.060
Current through Register Vol. 49, No. 18, September 16, 2024
Section 8 CSR 20-3.060 - Policy of the CommissionPURPOSE: 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clarifies language with regard to attorney fees where multiple attorneys may have worked on a case, and removes outdated language relating to compromise settlements that does not reflect the statutory requirements or modern practice.
(1) Continuance. Continuances or further hearings are not favored by the commission. The parties are expected to submit all matters in controversy for decision at a single hearing. The parties cannot agree to a continuance of any case set for hearing without the consent of the division of workers' compensation, consistent with the division's rules and procedures. The purpose of the Workers' Compensation Law is to give a speedy determination of the rights of the employee.(2) Attorney Fees. (A) All attorney fees to be charged the employee for the prosecution of the employee's claim for compensation, including compromise settlements of the employee's claims, shall be submitted to the commission or to the administrative law judge for approval, depending upon whether the commission or the division has jurisdiction of the claim at the time the final award is issued.(B) The limitation as to fees shall apply to the combined charges of attorneys who combine their efforts towards the enforcement or collection of any compensation claim.(C) No attorney fee shall be received or charged for services rendered in connection with a lump sum advance payment, or an agreement to compromise and settle liability, without the approval of the commission or the administrative law judge, as the case may be.(3) Compromise Settlements. All agreements or contracts for settlement that provide for the payment of less than the full amount of compensation due or to become due, and which undertake to release the employer from all further liability, will be approved by the commission only where it appears that a reasonable doubt exists as to liability and as to the rights of parties, and where the terms of the agreement are consistent with the requirements of section 287.390, RSMo.(4) Every compromise agreement or contract for settlement, submitted to the commission should be accompanied by- (A) A statement or stipulation agreed to by the parties which would contain the facts upon which they are in agreement;(B) The claims, facts or findings, or both, which are in dispute between the parties;(C) The latest medical records or reports in the possession of the parties bearing on the case;(D) A written statement showing whether or not the employee has returned to work and, if so, when;(E) A separate statement signed by the employee, or dependents in death cases, in which the employee would state under oath that s/he understands that by agreeing to the settlement that s/he understands that s/he has a right to prosecute his/her claim before the commission to a final determination; and that the award of the commission might allow him/her more or less money than is provided by the proposed settlement and that s/he requests the commission to approve the settlement;(F) An identification of the amount of compensation previously paid, weekly rate of compensation, and the amount of medical aid that has been provided; and(G) Signatures by the parties and their attorneys, or, in the case of a minor claimant, signature(s) from the minor's parent(s) or legal guardian(s), together with a statement as to the agreed-upon attorney fee, if any, that is requested in favor of the attorney for the employee, claimant, or dependent. AUTHORITY: section 286.060, RSMo 1986.* This version of rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended by Missouri Register September 2, 2019/Volume 44, Number 17, effective 10/31/2019*Original authority: 286.060, RSMo 1945, amended 1947, 1980.