HB 68 -- STATUTES OF LIMITATION (Overcast)

COMMITTEE OF ORIGIN: Standing Committee on Commerce

Currently, actions for personal injury or bodily injury, including those relating to uninsured motorist coverage or underinsured motorist coverage, must be brought within five years from the date the injury occurred. This bill reduces the time frame to two years from when the injury occurred, for injuries occurring after August 28, 2025.

Currently, civil actions for childhood sexual abuse must be commenced within 10 years of the plaintiff turning 21 or within three years of the date the plaintiff discovers or reasonably should have discovered that the injury or illness was caused by childhood sexual abuse, whichever occurs later. This bill changes the 10 years to 20 years for any action that is commenced on or after August 28, 2025.

COUNTY PLANNING BOARDS

Current law requires a county planning board to publish a notice of public hearing in at least two conspicuous places in each township prior to adopting a master plan. This act repeals such requirement and instead requires the notice of hearing to be posted on the county's website. (Section 64.231)

This provision is identical to HB 233 (2025).

REGIONAL PLANNING COMMISSIONS

Under current law, state funds for the East-West Gateway Coordinating Council and for the Mid-America Regional Council are not to exceed $65,000 and state funds for other regional planning commissions shall not exceed $25,000. This act changes the sums to $130,000 and $50,000.

Additionally, this act removes the regional planning commissions of Show-Me, Missouri Valley, Ozark Gateway, ABCD, and Lakes County and adds Harry S. Truman, MO-Kan, Pioneer Trails, and Southwest Mo.

Finally, this act provides that beginning July 1, 2026, the maximum grant amount for each regional planning commission shall be adjusted with the consumer price index. (Section 251.034)

This provision is identical to HB 2151 (2024) and substantially similar to SB 939 (2024), SB 1112 (2024), SB 634 (2023), and to a provision in SCS/HCS/HB 1564 (2024) and HCS/SB 155 (2023).

JOSH NORBERG

HCS HB 497 -- WORKERS' COMPENSATION (Christ)

COMMITTEE OF ORIGIN: Standing Committee on Insurance

WORKERS COMPENSATION (Sections 287.020, 287.067, 287.140, 287.270, 287.445, 287.510, and 287.655)

Under current law, an injury is compensable if the accident was the prevailing factor in causing both the resulting medical condition and disability. This bill now provides that the injury is compensable if the accident was the prevailing factor in causing the injury, the resulting medical condition, the disability, and the need for treatment. The bill modifies the definition of injury due to an occupational disease; injury due to repetitive motion; and to the "prevailing factor" test definition.

In addition, for an employee to receive medical treatment, the accident or occupational disease must be the prevailing factor in causing the injury, the resulting medical condition and the need for treatment.

The bill requires consideration of any savings or insurance of the injured employee from governmental or private sources, benefits derived from the employer's insurance, and any savings or insurance procured or sponsored by the employer, when determining compensation as specified in the bill.

Administrative law judges (ALJ) or the Labor and Industrial Relations Commission (LIRC) have authority to order employers to make payments only to the medical provider or providers to whom bills are due in cases where they determine the employer is responsible for disputed medical bills.

This bill authorizes an employer to file a motion to dismiss a claim for compensation within 180 days of filing a claim, if the Division of Workers' Compensation has not already set the matter for a prehearing conference, mediation conference, or hearing. The employer can file a motion to dismiss the claim raising one or more grounds provided in the bill. The bill outlines the evidence to be submitted by the parties relating to the issues to be determined at the evidentiary hearing and the timeline for an ALJ to issue an order which is subject to review by the LIRC. The employer can file the motion to dismiss to specifically raise one or more of the following arguments:

(1) That the employee did not notify the employer in a timely manner or file the claim in a timely manner; (2) That the employee was not performing work for the employer at the time when the alleged injury occurred;

(3) That the employer is not liable due to the employee's intoxication from use of alcohol or controlled substances; or

(4) That the claimant was not employed by the employer when the alleged incident occurred.

Under current law, a temporary or partial award of compensation can be modified and kept open until a final award can be issued and if the temporary or partial award is not complied with, the compensation amount awarded and unpaid can be doubled in the final award. This bill repeals this penalty language and specifies that the temporary or partial award is subject to review and appeal after the date of the final award.

LINE OF DUTY COMPENSATION ACT (Section 287.243)

Currently, the Line of Duty Compensation Act automatically sunsets six year after June 19, 2019. This bill extends the sunset provision to 12 years after June 30, 2025.

This section of the bill has an emergency clause.

CHANGES OF ATTORNEYS IN WORKERS' COMPENSATION CASES (Sections 287.200 and 287.470)

The act permits the Labor and Industrial Relations Commission to change the name, information, or fee arrangement of the attorney or law firm representing a claimant upon the filing of a written agreement, signed by both the claimant and the attorney, with the commission.

COMPLAINTS, DISCIPLINE, AND REMOVAL OF ADMINISTRATIVE LAW JUDGES (Sections 287.610 and 621.045)

Current law requires a retention vote be taken by the Administrative Law Judge Review Committee with respect to each workers' compensation Administrative Law Judge (ALJ). Additionally, the committee is required to conduct performance audits periodically and make recommendations of confidence or no confidence with respect to each ALJ. This act repeals these requirements and instead creates new provisions for filing complaints against and removing ALJs.

The act repeals a requirement that Administrative Law Judge Review Committee members not have any direct or indirect employment or financial connection with a workers' compensation insurance company, claims adjustment company, health care provider nor be a practicing workers' compensation attorney. The act additionally repeals a requirement that all members of the Committee have a working knowledge of workers' compensation.

The act permits the Director of the Division of Workers' Compensation to file a complaint with the Administrative Hearing Commission (AHC) seeking to remove an ALJ from office for one or any combination of the following causes:

• The ALJ has committed any criminal offense as described in the act, regardless of whether a criminal charge has been filed;

• The ALJ has been convicted, or has entered a plea of guilty or nolo contendere in a criminal prosecution under the laws of any state, the United States, or of any country, regardless of whether sentence is imposed or is guilty of misconduct;

• Habitual intoxication;

• Willful neglect of duty;

• Corruption in office;

• Incompetency; or

• The ALJ has committed any act that involves moral turpitude or oppression in office.

Prior to filing a complaint, the Director shall notify the ALJ in writing of the reasons for the complaint. Special provisions are included if the reason for the complaint is willful neglect of duty or incompetency.

Upon a finding by the AHC that:

• The grounds for disciplinary action are met, the Director may, singly or in combination, issue the disciplinary actions against the ALJ, as provided in the act, including removal or suspension from office; or

• There are no grounds for disciplinary action, the ALJ shall immediately resume duties and shall receive any attorney's fees due under current law.

An ALJ may be suspended with pay, without notice, at the discretion of the Director if:

• The ALJ commits a crime for which the ALJ is being held without bond for a period of more than 14 days;

• The ALJ's license to practice law has been suspended or revoked; or

• A declaration of incapacity by a court of competent jurisdiction has been made with respect to the ALJ.

PAYMENT AND RETIREMENT BENEFITS OF ADMINISTRATIVE LAW JUDGES (Sections 287.615 and 287.835)

The act provides that the compensation for ALJs and chief administrative law judges shall be determined solely by the

rate outlined in law and shall not increase when pay raises for executive employees are appropriated.

The act furthermore repeals reference to the position of Chief Legal Counsel.

The act repeals a prohibition on the payment of any retirement benefits under workers' compensation law to any administrative law judge who has been removed from office by impeachment or for misconduct, or to any person who has been disbarred from the practice of law, or to the beneficiary of any such persons.

This act is substantially similar to SCS/SB 1390 (2024) and certain provisions in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024) and similar to HB 2194 (2024).

SCOTT SVAGERA