Bill > SB505

This bill creates a new process for employers to potentially dismiss workers' compensation claims within 90 days of filing. Specifically, employers can file a motion to dismiss a claim based on three specific grounds: (1) the employee did not file the claim in a timely manner as required by law, (2) the employee was not employed by or acting within the scope of employment when the alleged accident occurred, or (3) the employer is not liable due to the employee's intoxication from alcohol or controlled substances. The division (presumably the workers' compensation administrative body) must set a hearing within six months of the motion's filing, during which an administrative law judge will consider evidence related only to the specific grounds for dismissal. If the employer can prove their argument by a "preponderance of the evidence" (meaning more likely than not), the division can issue a dismissal order within 30 days. The bill also includes provisions protecting the employee's right to change judges and allows for review and appeal of the dismissal. If the motion is denied, the issues raised cannot be relitigated in subsequent hearings about the claim.

Justice

https://www.senate.mo.gov/25info/BTS_Web/Bill.aspx?SessionType=R&BillID=498347