Missouri HB 2517: Modifies provisions relating to workers' compensation administrative law judges and repeals the position of chief legal counsel

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2517
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE RILEY.
5108H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 287.610, 287.615, and 287.812, RSMo, and to enact in lieu thereof three
new sections relating to workers' compensation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 287.610, 287.615, and 287.812, RSMo, are repealed and three
2 new sections enacted in lieu thereof, to be known as sections 287.610, 287.615, and 287.812,
3 to read as follows:
287.610. 1. After August 28, 2005, the division may appoint additional
2 administrative law judges for a maximum of forty authorized administrative law judges.
3 Notwithstanding the provisions of section 36.025 to the contrary, as of January 1, 2023,
4 all administrative law judges currently serving and thereafter all administrative law
5 judges appointed by the division shall be subject to a defined term as provided in this
6 section. The initial terms of those serving as of January 1, 2023, shall be staggered
7 based on their total months of service as an administrative law judge. The terms of the
8 thirteen administrative law judges with the most months of service shall be two years
9 and fall into tier I. The terms of the thirteen administrative law judges with the next
10 most months of service shall be four years and fall into tier II. The terms of the
11 administrative law judges appointed and not previously referenced in this subsection
12 shall be four years and fall into tier III. Thereafter, all terms of service shall be for four
13 years.
14 2. Every administrative law judge appointed shall be designated to serve within
15 a specific tier pursuant to subsection 1 of this section and any administrative law judge
16 appointed to fill a vacancy occurring prior to the expiration of the term for which the
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

17 person's predecessor was appointed shall be appointed by the division director for the
18 remainder of such term. In no case shall an administrative law judge serve beyond his
19 or her term unless reappointed by the division director. In addition to any other
20 mechanism for removal of an administrative law judge as provided in this chapter, an
21 administrativelawjudgemayberemovedbythedivisiondirectorpriortotheendofhis
22 or her term for gross inefficiency; incapacity; neglect of duties; malfeasance,
23 misfeasance, or nonfeasance in office; incompetence; or for any offense involving
24 moral turpitude or oppression in office.
25 3. Appropriations shall be based upon necessity, measured by the requirements and
26 needsofeachdivisionoffice. Administrativelawjudgesshallbedulylicensedlawyersunder
27 thelawsofthisstate. Administrativelawjudgesshallnotpracticelawordolawbusinessand
28 shall devote their whole time to the duties of their office. The director of the division of
29 workers' compensation shall publish and maintain on the division's website the appointment
30 dates or initial dates of service for all administrative law judges.
31 [2. The thirteen administrative law judges with the most years of service shall be
32 subject to a retention vote on August 28, 2008. The next thirteen administrative law judges
33 with the most years of service in descending order shall be subject to a retention vote on
34 August 28, 2012. Administrative law judges appointed and not previously referenced in this
35 subsection shall be subject to a retention vote on August 28, 2016. Subsequent retention
36 votes shall be held every twelve years. Any administrative law judge who has received two
37 ormorevotesofnoconfidenceunderperformanceauditsbythecommitteeshallnotreceivea
38 vote of retention.]
39 [3.] 4. The administrative law judge review committee members shall not have any
40 directorindirectemploymentorfinancialconnectionwithaworkers'compensationinsurance
41 company, claims adjustment company, health care provider nor be a practicing workers'
42 compensation attorney. All members of the committee shall have a working knowledge of
43 workers' compensation.
44 [4. The committee shall within thirty days of completing each performance audit
45 make a recommendation of confidence or no confidence for each administrative law judge.]
46 5. The administrative law judges appointed by the division shall only have
47 jurisdiction to hear and determine claims upon original hearing and shall have no jurisdiction
48 uponanyreviewhearing,eitherinthewayofanappealfromanoriginalhearingorbywayof
49 reopening any prior award, except to correct a clerical error in an award or settlement if the
50 correction is made by the administrative law judge within twenty days of the original award
51 or settlement. The labor and industrial relations commission may remand any decision