4/6/05-Gov. Matt Blunt signed a bill March 30 overhauling the state’s workers’ compensation system.
The new law, previously S1, includes a provision removing what it classifies as owner-operators from workers’ compensation coverage.
Independent owner-operators who own their own equipment already are exempt from workers’ compensation benefits in the state. The new law expands the definition of owner-operators who are exempt to include lease-purchase operators and lease drivers who have no ownership interest in the equipment they operate.

3/22/05-Missouri lawmakers have approved legislation to make it harder to file workers’ compensation claims in the state. Truck drivers are among those adversely affected.
Lawmakers from both the House and Senate spent several hours in conference committee this past week working out differences in their versions of the bill before heading home for spring break.
They reached agreement on the bill’s language March 16 and forwarded it to Gov. Matt Blunt, who is expected to sign it.
The final version of the workers’ compensation legislation includes a provision offered by Rep. Bryan Stevenson, R-Webb City, specifically addressing a lawsuit brought forth by OOIDA on behalf of owner-operators against a Springfield, MO-based motor carrier. A separate suit previously resolved also is included.
The wording of Stevenson’s amendment is as follows:
“In applying the provisions … it is the intent of the legislature to reject and abrogate earlier case law interpretations on the meaning of or definition of ‘owner,’ as extended in the following cases: Owner-Operator Independent Drivers Ass’n. Inc. v. New Prime, Inc., …; Nunn v. C.C. Midwest” …
The provision was added in response to an earlier House vote on an amendment to strike language that would have affected existing lawsuits against employers in the state.
The amendment, offered by Rep. Bryan Pratt, R-Blue Springs, removed wording that sought to wipe out previous allegations of workers' compensation violations from employers, including motor carriers.
During debate last month, senators dropped the provision from the bill only to have the language reinserted by a House committee prior to debate before the full House.
Supporters of the axed provision were later successful at slipping in the wording offered by Stevenson – essentially canceling out the Pratt amendment.
The House opted to keep a Senate-approved provision that would expand the definition of owner-operators who are currently exempt to include lease-purchase operators and lease drivers who have no ownership interest in the equipment they operate.
An amendment offered by Pratt and Rep. Tim Meadows, D-Imperial, sought to spell out specifically how the state’s workers’ compensation laws apply to owner-operators who are exempt from those requirements.
Reps. Jay Wasson and Steve Hunter, both Republicans, spoke against the provision during floor debate.
Wasson, R-Nixa, said the amendment would force companies to pay workers’ compensation. He said companies that charge back the costs do it as a convenience to the driver and to the owner of the truck. He described it as “good business.”
Hunter, R-Joplin, characterized the amendment simply as a competitive issue between one large trucking company and another large trucking company.
Legislators voted 86-71 against the Pratt and Meadows provision.
The bill would limit the number of workers in the state eligible for compensation. It tightens the definition of a workplace injury by requiring work to be “the prevailing factor” for the injury. Current law says the injury must be “a substantial factor.” People hurt traveling to and from work in a company-owned or subsidized vehicle would no longer be eligible for compensation under the bill.
It also would allow employers to require that employees use sick time or paid time off to recover from a work-related injury, and it would require doctors to use only “objective” medical findings about a worker’s injury, not “subjective” complaints about pain. In addition, the bill would require a “performance review for state workers’ compensation judges every two years. At 12 years, the judges would face re-approval by a review panel.

3/4/05-Legislators in the House approved a bill Wednesday, March 2, to overhaul the state’s workers’ compensation system.
The measure passed 90-66 in the Republican-controlled chamber in a vote that broke mostly along party lines.
House Republicans discarded the concessions won by Senate Democrats in February and added several more provisions sought by private business interests.
On Thursday, however, senators rejected the House updates. Senate leaders then called for a conference committee of five members from each chamber to resolve differences.
During floor debate Wednesday, representatives approved an amendment to strike language that would have affected existing lawsuits against employers in the state.
The amendment, offered by Rep. Bryan Pratt, R-Blue Springs, removed a provision to wipe out previous allegations of workers’ compensation violations from employers, including motor carriers.
During debate last month, senators dropped the provision from the bill only to have the language reinserted by a House committee.
Later in the afternoon on Wednesday, however, supporters of the axed provision were successful at slipping in new wording that essentially canceled out the Pratt amendment.
That revision, offered by Rep. Bryan Stevenson, R-Webb City, specifically addresses a lawsuit brought forth by OOIDA on behalf of owner-operators against a Springfield, MO-based motor carrier. A separate suit previously resolved also is included.
Stevenson’s amendment is worded as follows:
“In applying the provisions … it is the intent of the legislature to reject and abrogate earlier case law interpretations on the meaning of or definition of ‘owner,’ as extended in the following cases: Owner-Operator Independent Drivers Ass'n. Inc. v. New Prime, Inc., …; Nunn v. C.C. Midwest” …
The House opted to keep a Senate-approved provision that would expand the definition of owner-operators who are currently exempt to include lease-purchase operators and lease drivers who have no ownership interest in the equipment they operate.
An amendment offered by Pratt and Rep. Tim Meadows, D-Imperial, sought to spell out specifically how the state’s workers’ compensation laws apply to owner-operators who are exempt from those requirements.
Reps. Jay Wasson and Steve Hunter, both Republicans, spoke against the provision.
Legislators voted 86-71 against the Pratt and Meadows provision.
Both the House and Senate versions of the bill – S1 – would limit the number of workers in the state eligible for compensation. It tightens the definition of a workplace injury by requiring work to be “the prevailing factor” for the injury instead of “a substantial factor.” In addition, people traveling to and from work in a company-owned or subsidized vehicle would no longer be eligible for compensation under the bill.
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 their employers of a work-related injury within 30 days, their ability to receive compensation could be jeopardized, under the House version.
Legislators are expected to meet next week to begin hammering out a final version of the bill. When approved, the measure will then head to Gov. Matt Blunt, who is expected to sign it.
For bill status, call (573) 751-2966.

3/2/05-The House on Wednesday, March 2, took up a bill to overhaul the state’s workers’ compensation system.
During floor debate, representatives struck language from the measure that would have affected existing lawsuits against employers in the state.
The amendment, offered by Rep. Bryan Pratt, R-Blue Springs, removed a provision to wipe out previous allegations of workers’ compensation violations from employers, including motor carriers.
During debate last month, senators dropped the provision from the bill only to have the language reinserted upon arrival in the House.
The House opted to keep a provision that would remove what it classifies as owner-operators from workers’ compensation coverage.
Independent owner-operators who own their own equipment already are exempt from workers’ compensation benefits in the state. The provision, backed by Reps. Steve Hunter, R-Joplin, and Jay Wasson, R-Nixa, would expand the definition of owner-operators who are currently exempt to include lease-purchase operators and lease drivers who have no ownership interest in the equipment they operate.
An amendment offered by Pratt and Rep. Tim Meadows, D-Imperial, sought to spell out specifically how the state’s workers’ compensation laws apply to owner-operators. Legislators, however, voted 86-71 against the provision.
Both the House and Senate versions of the bill – S1 – would limit the number of workers in the state eligible for compensation. It tightens the definition of a workplace injury by requiring work to be “the prevailing factor” for the injury instead of “a substantial factor.” In addition, people traveling to and from work in a company-owned or subsidized vehicle would no longer be eligible for compensation under the bill.
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 their employers of a work-related injury within 30 days their ability to receive compensation could be jeopardized, under the House version.
When approved, the bill will head to the Senate for final approval. It will then head to Gov. Matt Blunt, who is expected to sign the measure into law.
For bill status, call (573) 751-2966.

2/25/05-The House Workforce Development & Workplace Safety Committee passed a measure Feb. 24 intended to overhaul the state’s workers’ compensation system.
The bill now heads to the full House for debate as early as the end of the month.
S1, sponsored by Sen. John Loudon, R-Ballwin, includes a provision that would remove what it classifies as owner-operators from workers’ compensation coverage.
Independent owner-operators who own their own equipment already are exempt from workers’ compensation benefits in the state. The provision would expand the definition of owner-operators who are currently exempt to include lease-purchase operators and lease drivers who have no ownership interest in the equipment they operate.
The bill also would limit the number of workers eligible for compensation. It tightens the definition of a workplace injury by requiring work to be “the prevailing factor” for the injury instead of “a substantial factor.” It also requires workers to provide “objective relevant findings” to prove their injury. Also, people traveling to and from work in a company-owned or subsidized vehicle would no longer be eligible for compensation under the bill.
For bill status, call (573) 751-2966.

2/10/05-The Senate passed a measure Thursday, Feb. 10, that would overhaul the state’s workers’ compensation system.
S1, sponsored by Sen. John Loudon, R-Ballwin, includes a provision that would remove what it classifies as owner-operators from workers’ compensation coverage.
Independent owner-operators who own their own equipment already are exempt from workers’ compensation benefits in the state. The provision would expand the definition of owner-operators who are currently exempt to include lease-purchase operators and lease drivers who have no ownership interest in the equipment they operate.
Another provision in the bill to wipe out previous allegations of workers’ compensation violations from employers, including motor carriers, was left off the final version.
The owner-operator provisions originally were included in SB130. That bill, however, was combined with Loudon’s bill prior to its passage out of committee.
The bill would limit the number of workers eligible for compensation. It tightens the definition of a workplace injury by requiring work to be “the prevailing factor” for the injury instead of “a substantial factor.” It also requires workers to provide “objective relevant findings” to prove their injury. Also, people traveling to and from work in a company-owned or subsidized vehicle would no longer be eligible for compensation under the bill.
The bill now heads to the House for consideration. For bill status, call (573) 751-2966.

2/8/05-The Senate is scheduled to vote Wednesday, Feb. 9, on a bill that would overhaul the state’s workers’ compensation system.
The legislation, sponsored by Sen. John Loudon, R-Ballwin, includes a provision that would remove what it classifies as owner-operators from workers’ compensation coverage.
Independent owner-operators who own their own equipment already are exempt from workers’ compensation benefits in the state. The provision would expand the definition of owner-operators who are currently exempt to include lease-purchase operators and lease drivers who have no ownership interest in the equipment they operate.
It would also wipe out previous allegations of workers’ compensation violations from employers, including motor carriers.
Sen. Matt Bartle, R-Lee’s Summit, is expected to introduce an amendment during floor debate Wednesday to remove the language relating to owner-operators from the bill.
The owner-operator provision originally was included in SB130. That bill, however, was combined with Loudon’s bill – SB1 – prior to its passage out of committee.
The bill would limit the number of workers eligible for compensation. It tightens the definition of a workplace injury by requiring work to be “the prevailing factor” for the injury instead of “a substantial factor.” It also requires workers to provide “objective relevant findings” to prove their injury. Also, people traveling to and from work in a company-owned or subsidized vehicle would no longer be eligible for compensation under the bill.
For Senate bill status, call (573) 751-2966.