Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment updates the LIRC's policy in
connection with continuances, clarifies language with regard to attorney fees
where multiple attorneys may have worked on a case, and removes outdated
language relating to compromise settlements that does not reflect the statutory
requirements or modern practice.
(1) Continuance. Continuances or further
hearings are not favored by the commission. The parties are expected to submit
all matters in controversy for decision at a single hearing. The parties cannot
agree to a continuance of any case set for hearing without the consent of the
division of workers' compensation, consistent with the division's rules and
procedures. The purpose of the Workers' Compensation Law is to give a speedy
determination of the rights of the employee.
(2) Attorney Fees.
(A) All attorney fees to be charged the
employee for the prosecution of the employee's claim for compensation,
including compromise settlements of the employee's claims, shall be submitted
to the commission or to the administrative law judge for approval, depending
upon whether the commission or the division has jurisdiction of the claim at
the time the final award is issued.
(B) The limitation as to fees shall apply to
the combined charges of attorneys who combine their efforts towards the
enforcement or collection of any compensation claim.
(C) No attorney fee shall be received or
charged for services rendered in connection with a lump sum advance payment, or
an agreement to compromise and settle liability, without the approval of the
commission or the administrative law judge, as the case may be.
(3) Compromise Settlements. All
agreements or contracts for settlement that provide for the payment of less
than the full amount of compensation due or to become due, and which undertake
to release the employer from all further liability, will be approved by the
commission only where it appears that a reasonable doubt exists as to liability
and as to the rights of parties, and where the terms of the agreement are
consistent with the requirements of section
287.390,
RSMo.
(4) Every compromise
agreement or contract for settlement, submitted to the commission should be
accompanied by-
(A) A statement or
stipulation agreed to by the parties which would contain the facts upon which
they are in agreement;
(B) The
claims, facts or findings, or both, which are in dispute between the
parties;
(C) The latest medical
records or reports in the possession of the parties bearing on the
case;
(D) A written statement
showing whether or not the employee has returned to work and, if so,
when;
(E) A separate statement
signed by the employee, or dependents in death cases, in which the employee
would state under oath that s/he understands that by agreeing to the settlement
that s/he understands that s/he has a right to prosecute his/her claim before
the commission to a final determination; and that the award of the commission
might allow him/her more or less money than is provided by the proposed
settlement and that s/he requests the commission to approve the
settlement;
(F) An identification
of the amount of compensation previously paid, weekly rate of compensation, and
the amount of medical aid that has been provided; and
(G) Signatures by the parties and their
attorneys, or, in the case of a minor claimant, signature(s) from the minor's
parent(s) or legal guardian(s), together with a statement as to the agreed-upon
attorney fee, if any, that is requested in favor of the attorney for the
employee, claimant, or dependent.
*Original authority: 286.060, RSMo 1945, amended 1947,
1980.
