House committee approves tougher workers' comp bill

JEFFERSON CITY, Mo. -- House Republicans are pushing for stronger restrictions on Missouri's workers' compensation system than those already agreed to by the Senate -- angering labor unions and delighting business groups.

A Republican-led House committee on Thursday approved legislation on a partisan vote that would establish tougher standards for determining when an injured person could qualify for workers' compensation. The bill -- revamped by the committee after being passed by the Senate on Feb. 10 -- is expected to be debated in the House next week.

Union leaders decried the House bill, saying it would prevent legitimately injured workers from receiving the compensation they deserve. Missouri AFL-CIO president Hugh McVey said union leaders had spent hours working with senators to draft a bill union leaders could support.

"The Republicans and Democrats in the Senate worked it out so that it was palatable to us," McVey said.

House Speaker Rod Jetton said representatives aren't bound by those agreements.

"We weren't involved in those negotiations," said Jetton, R-Marble Hill. "So we still have our own opinions, and we think some other things need to be added in there."

Resolving injury claims

The state workers' compensation program was created 80 years ago as a way to resolve injury claims through administrative proceedings rather than the courts. Still, many claims involve lawyers. And even though the number of workers' compensation claims have decreased in recent years, the average cost has continued to climb, according to the Department of Labor and Industrial Relations.

Republicans, including Gov. Matt Blunt, have made restructuring the workers' compensation system a priority. They say changes are needed to bring down high workers' compensation insurance rates that are threatening to drive businesses out of Missouri.

Opponents have said the proposed legislation goes too far and could keep workers hurt on the job from getting the help they need.

Tightening definitions

Both the House and Senate versions of the bill would tighten the definition of a workplace injury by requiring work be "the prevailing factor" instead of a "substantial factor" in the injury. Also, people traveling to and from work in a company-owned or subsidized car would no longer be eligible for compensation. The bills also state that if employees suffer an injury while legally drunk on the job, it would be presumed that alcohol caused the accident and they would receive no compensation.

The House bill goes further by requiring people deciding workers' compensation cases to give preference to objective medical findings by a doctor over subjective complaints of pain. Also, if an employee fails to tell an employer of a work-related injury within 30 days the ability to receive compensation could be jeopardized, under the House bill.

It would also limit the fees of attorneys representing injured workers could collect.

And it sets new standards for administrative law judges who decide workers' compensation cases. It establishes an annual review and 12-year term limit for these judges.

The House bill "is declaring war on the citizens of Missouri, and most of them are workers," said John Boyd, an attorney for the AFL-CIO.

Kelly Gillespie, a lobbyist for the Missouri Chamber of Commerce, voiced support for the House bill over the Senate version. He said the House bill's limit on lawyer fees would help curb attorney involvement in the system and lower expenses. He said it is also important the state hold administrative law judges accountable for their decisions.

"I think this will reduce costs for Missouri employers and stop (workers' compensation from) being a drain on the entire system," Gillespie said.

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Workers' comp bill SB1

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On the Net:

Legislature: http://www.moga.state.mo.us