Missouri HB 1910: Modifies provisions relating to workers' compensation temporary total disability (TTD) rate for certain first responders

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1910
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TAYLOR (48).
4406H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 287.250, RSMo, and to enact in lieu thereof one new section relating to
workers' compensation benefits.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 287.250, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 287.250, to read as follows:
287.250. 1. Except as otherwise provided for in this chapter, the method of
2 computing an injured employee's average weekly earnings which will serve as the basis for
3 compensation provided for in this chapter shall be as follows:
4 (1) If the wages are fixed by the week, the amount so fixed shall be the average
5 weekly wage;
6 (2) If the wages are fixed by the month, the average weekly wage shall be the
7 monthly wage so fixed multiplied by twelve and divided by fifty-two;
8 (3) If the wages are fixed by the year, the average weekly wage shall be the yearly
9 wage fixed divided by fifty-two;
10 (4) If the wages were fixed by the day, hour, or by the output of the employee, the
11 average weekly wage shall be computed by dividing by thirteen the wages earned while
12 actually employed by the employer in each of the last thirteen calendar weeks immediately
13 preceding the week in which the employee was injured or if actually employed by the
14 employer for less than thirteen weeks, by the number of calendar weeks, or any portion of a
15 week, during which the employee was actually employed by the employer. For purposes of
16 computing the average weekly wage pursuant to this subdivision, absence of five regular or
17 scheduled work days, even if not in the same calendar week, shall be considered as absence
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.

18 for a calendar week. If the employee commenced employment on a day other than the
19 beginning of a calendar week, such calendar week and the wages earned during such week
20 shall be excluded in computing the average weekly wage pursuant to this subdivision;
21 (5) If the employee has been employed less than two calendar weeks immediately
22 preceding the injury, the employee's weekly wage shall be considered to be equivalent to the
23 average weekly wage prevailing in the same or similar employment at the time of the injury,
24 exceptif the employer has agreedto a certain hourly wage, then the hourly wage agreed upon
25 multiplied by the number of weekly hours scheduled shall be the employee's average weekly
26 wage;
27 (6) If the hourly wage has not been fixed or cannot be ascertained, or the employee
28 earnednowage,thewageforthepurposeofcalculatingcompensationshallbetakentobethe
29 usual wage for similar services where such services are rendered by paid employees of the
30 employer or any other employer;
31 (7) In computing the average weekly wage pursuant to subdivisions (1) to (6) of this
32 subsection, an employee shall be considered to have been actually employed for only those
33 weeks in which labor is actually performed by the employee for the employer and wages are
34 actually paid by the employer as compensation for such labor.
35 2. For purposes of this section, the term "gross wages" includes, in addition to money
36 payments for services rendered, the reasonable value of board, rent, housing, lodging or
37 similar advance received from the employer, except if such benefits continue to be provided
38 during the period of the disability, then the value of such benefits shall not be considered in
39 calculating the average weekly wage of the employee. The term "wages", as used in this
40 section, includes the value of any gratuities received in the course of employment from
41 persons other than the employer to the extent that such gratuities are reported for income tax
42 purposes. "Wages", as used in this section, does not include fringe benefits such as
43 retirement, pension, health and welfare, life insurance, training, Social Security or other
44 employee or dependent benefit plan furnished by the employer for the benefit of the
45 employee. Any wages paid to helpers or any money paid by the employer to the employee to
46 coveranyspecialexpensesincurredbytheemployeebecauseofthenatureofhisemployment
47 shall not be included in wages.
48 3. Ifanemployeeishiredbytheemployerforlessthanthenumberofhoursperweek
49 needed to be classified as a full-time or regular employee, benefits computed for purposes of
50 thischapterforpermanentpartialdisability,permanenttotaldisabilityanddeathbenefitsshall
51 be based upon the average weekly wage of a full-time or regular employee engaged by the
52 employer to perform work of the same or similar nature and at the number of hours per week
53 requiredbytheempl