Mo. Code Regs. tit. 8 § 50-2.020

Current through Register Vol. 49, No. 8, April 15, 2024

Section 8 CSR 50-2.020 - Administration

PURPOSE: This rule sets forth the requirements for administrative functions of the division, including acceptance and withdrawal from Chapter 287, RSMo, filing of documents, storage of documents, requests for documents, and maintenance of division records.

(1) Any employer exempted by section 287.090, RSMo, or any employer who is not covered by the provisions of Chapter 287, RSMo, because of section 287.030, RSMo, who desires to operate under the provisions of Chapter 287, RSMo, may do so by purchasing a valid workers' compensation insurance policy with an insurance carrier that is authorized to insure workers' compensation liabilities in the state of Missouri through the Missouri Department of Insurance. The insurance carrier must file proof of workers' compensation insurance coverage with the division or its designee.

(A) An employer who has elected to be covered under the provisions of Chapter 287, RSMo, may elect to withdraw that election by filing with the division, or its designee, on a form prescribed by the division.

(B) The division verifies proof of workers' compensation insurance coverage including non-renewals and cancellations through the National Council of Compensation Insurance (NCCI) which is the designated "advisory organization" pursuant to section 287.930, RSMo, et seq.

(C) Employers that meet the statutory exception for two (2) owner corporations set out in section 287.090.5, RSMo, may elect to withdraw from coverage under Chapter 287, RSMo, by filing an election to withdraw with the division, or its designee, on a form prescribed by the division.

(D) Upon request an exception from the provisions of the workers' compensation law may apply with respect to certain employees who are members of a recognized religious sect or division as defined in 26 U.S.C. 1402(g), by reason of which they are conscientiously opposed to accepting public or private insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical bills, including the benefits of any insurance system established under the Federal Social Security Act, 42 U.S.C. 301 to 42 U.S.C. 1397 jj.

1. Any applicant requesting an exception as indicated in subsection (D) above, must simultaneously file with the division at PO Box 58, Jefferson City, MO 65102, the following forms:

A. Section 287.804 Application for Religious Exception from the provisions of the Missouri Workers' Compensation Law;

B. Employee's Affidavit and Waiver of Workers' Compensation Benefits; and

C. Employer's Affidavit of Exception from Workers' Compensation Benefits.

2. If the division grants the religious exception, the employee waives his/her rights to any benefits under the workers' compensation law.

3. An exception shall be valid until such employee rescinds the election to reject benefits under the law or the religious sect or division of which the employee is a member ceases to meet the requirements of section 287.804.1, RSMo.

(2) Any forms filed with the division under any statutory provision or rule that do not meet division standards for filing based on completeness or legibility for imaging will be returned.

(3) Transcripts for cases on appeal and other division duties performed by court reporters shall have priority over requests for transcripts in cases not on appeal. All requests must be sent in writing to the division's Jefferson City office. Requests for transcripts not on appeal will be prepared by the court reporter that recorded the hearing after all other duties are performed. Requests for parts of transcripts already prepared will not be accepted and in such cases the entire transcript must be purchased.

(4) All requests for copies of documents or other records must be in writing. The following standards will be used to determine if documents can be produced.

(A) The Claim for Compensation, Answer to Claim for Compensation, Compromise Settlement, Award and Minute Sheet forms may only be obtained by written request. These documents are considered open records.

(B) The Report of Injury and subsequent medical reports are considered closed records pursuant to section 287.380.3, RSMo. To obtain closed records the requesting person must be a party to the workers' compensation case or an attorney who has filed an entry of appearance representing a party. The requesting person may receive copies of records of prior cases in which the requesting person was also a party to the prior case.

(C) Written requests must state the requesting party's relationship to the case as employee, employer, insurer, or attorney for the employee, employer/insurer or the Second Injury Fund. The request must state specifically which documents are being requested. The following information must be provided when available:

1. Employee's name;

2. Employee's Social Security number;

3. Missouri Division of Workers' Compensation injury number;

4. Date of injury; and

5. Employer's name.

(D) Other documents and information may be obtained by a written request. Each request will be evaluated to determine if any requested documents or information are confidential.

(E) Documents and other records as legally required will be provided in response to a Subpoena Duces Tecum or Release of Information form signed by the employee. The Release of Information form signed by the employee must be directed specifically to the Missouri Division of Workers' Compensation and specifically state which records the employee would like the division to release.

(F) The division will charge for copies of documents and any specific or general statistical information and certification of documents according to section 287.660, RSMo, or Chapter 610, RSMo, if applicable.

(5) The following documents can be submitted for electronic storage: any form required by the division; medical reports that are relevant to the case; and correspondence and notices relevant to the case. Depositions and medical records that the parties intend to introduce at a hearing or use at a mediation conference cannot be submitted for electronic storage. The depositions and medical records and any document submitted as an exhibit at a hearing will be included in the paper file and will not be electronically stored.

(A) Division forms must be submitted as an original document in the most current version. If a claim or answer to a claim is filed on an outdated form the division will process the claim or answer, but may request the filing party to submit the form in the most current version. The division reserves the right to reject forms that are not currently approved forms and/or do not reflect the division's official seal. The division may accept certain documents or correspondence other than division-approved forms by facsimiles for electronic storage based upon the criteria set forth herein. The facsimile must be clear, legible, easy to read and be capable of being electronically stored.

(B) Any required division form for which any party creates a computer-generated form must be approved by the division before such documents may be used or filed. A minimum font size of ten (10) points in required for any computer-generated form.

(C) The division accepts the Report of Injury submitted in an approved format by electronic filing. Any party who desires to file any reports or forms or information electronically must receive approval from the division and must comply with all division standards for the electronic filing of information. To obtain approval for electronic filing, a party must contact the division and meet all current standards.

(D) Any document stored electronically by the division shall be considered an original document and when reproduced in paper form shall be acceptable for all legal purposes. Documents submitted on or after January 1, 1994, for injuries occurring after that date, will be processed and stored electronically.

(E) The division shall have the discretion after five (5) years to destroy Reports of Injuries filed in which no compensation, exclusive of medical costs, was due or paid, together with the papers attendant to the filing of such reports. The division shall have the discretion after ten (10) years from the date of the termination of compensation to destroy records in compensable cases.

(6) The division-approved forms as referenced in these rules may be obtained from the website address http://www.dolir.mo. gov/wc/forms/forms.htm or by contacting the division at (573) 751-4231, or by submitting a written request to the division's Jefferson City office at PO Box 58, Jefferson City, MO 65102.

8 CSR 50-2.020

AUTHORITY: section 287.650, RSMo 2000.* Original rule filed Dec. 23, 1953, effective Jan. 3, 1954. Amended: Filed Jan. 15, 1960, effective Jan. 26, 1960. Amended: Filed Sept. 4, 1963, effective Sept. 15, 1963. Amended: Filed Aug. 26, 1975, effective Sept. 5, 1975. Rescinded and readopted: Filed May 29, 1998, effective Feb. 28, 1999. Emergency amendment filed Dec. 12, 2005, effective Dec. 22, 2005, expired June 19, 2006. Amended: Filed Nov. 22, 2005, effective June 30, 2006.

*Original authority: 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995, 1998.