MISSOURI DWC REPLACES COVID-19 EMERGENCY PRESUMPTION RULE WHICH EXPIRED ON FEBRUARY 1, 2021
The original COVID-19 presumption rule, 8 CSR 50-5.00, which became effective April 22, 2020, expired on February 1, 2021*. However, on January 15, 2021, the Missouri Division of Workers’ Compensation adopted Emergency Rule 8 CSR 50-5.007, which replaces the expiring original Rule. To appreciate the impact of this action, understand that:
The New Rule:
The Take Away:
The COVID-19 Emergency Rule is of great interest and importance to those stakeholders who handle claims against State and local governmental units or otherwise deal with First Responders who are covered by Section 287.243, but it clearly appears to be limited to the categories of employees set out in that section.
Comments: Always keep in mind that Section 287.067.7 states: “(A)ny employee who is exposed to and contracts any contagious or communicable disease arising out of and in the course of his or her employment shall be eligible for benefits under this chapter as an occupational disease”. This provision is always available for any employee who contracts COVID-19, but who is not a first responder as defined in 287.243, although establishing the “arising out of and in the course of employment” element can be a great challenge when dealing with a pandemic virus, a virus to which employees can be easily exposed in their non-employment life.
*For a detailed discussion of the original COVID-19 Emergence Rule, please see the article posted on April 17, 2020, available on the Publications & Resources, Articles & Case Updates, page of this website.
**Section 287.243 applies only upon the death of the First Responder and provides for a limited lump sum payment from a special find created for this purpose.
Questions or Comments: Contact Jim Kennedy at 314-552-4020 or email at email@example.com
Copyright: Evans & Dixon, LLC, 2021