SB 865 — Modifies provisions relating to workers' compensation

Summary

SB 865 - This act modifies provisions relating to workers' compensation. The term "accident" is modified to mean an unexpected or unforeseen identifiable event or series of events happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. An injury is compensable if it is clearly work related. An injury is clearly work related if work was a substantial factor in the cause of the resulting medical condition or disability. An injury is not compensable merely because work was a triggering or precipitating factor. The term "injury" is modified by repealing the "prevailing factor" standard. Moreover, an injury is deemed to have arisen out of and in the course of employment only if it meets the following: • It is reasonably apparent, upon consideration of all the circumstances, that the employment is a substantial factor in causing the injury; and • It can be seen to have followed as a natural incident of the work; and • It can be fairly traced to the employment as a proximate cause; and • It does not come from a hazard or risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life. Similarly, the act modifies provisions governing the compensability of occupational diseases by repealing the "prevailing factor" standard. Specifically, an occupational disease is compensable if it is clearly work related and meets the requirements of an injury which is compensable under workers' compensation law. An occupational disease is not compensable merely because work was a triggering or precipitating factor. Additionally, an occupational disease due to repetitive motion is compensable if the occupational exposure was a substantial factor in causing both the resulting medical condition and disability. If the exposure to the repetitive motion which is found to be the cause of the injury is for a period of less than three months and the evidence demonstrates that the exposure to the repetitive motion with the immediate prior employer was a substantial contributing factor in causing the injury, the prior employer shall be liable for such occupational disease. The act provides that where an employee's participation in a recreational activity or program is the proximate cause, rather than prevailing cause of the injury, benefits or compensation otherwise payable for death or disability shall be forfeited regardless that the employer may have promoted, sponsored or supported the recreational activity or program, expressly or impliedly, in whole or in part. The act repeals various provisions that abrogated past court decisions with respect to the interpretation of the following terms and phrases: "accident", "occupational disease", "arising out of", "in the course of the employment", and "owner". The interpretation of such terms prior to August 28, 2005, is reinstated and any case law that is inconsistent with such interpretations is abrogated. Additionally, the extension of the premises doctrine as it existed prior to August 28, 2005, is reinstated for liability for accidents that occur on property not owned or controlled by the employer even if the accident occurs on customary, approved, permitted, usual or accepted routes used by the employee to get to and from their place of employment. The act additionally creates a new provision establishing a right to final hearing following a determination by a physician that an employee has reached maximum medical improvement. Such hearing may only be requested one year after the determination of maximum medical improvement has been made. Either the employee or the employer may request the hearing and the hearing shall be set within six months after when the request is made and not to be continued, cancelled, or reset without consent of both the employee and the employer. SCOTT SVAGERA

Bill Text

• Introduced 4869S.02I - Introduced Current pdf

Compared against the Missouri Revised Statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 5 section(s) of the Missouri Revised Statutes: Section 287.020, RSMo; Section 287.043, RSMo; Section 287.067, RSMo; Section 287.120, RSMo; Section 287.210, RSMo.

• Section 287.020, RSMo

  traumatic event or unusual strain identifiable by time and place of occurrence caused by a specific event during a single work shift An injury by accident is compensable only if the accident was the prevailing factor in causing both the resulting medical condition and disability. "The prevailing factor" is defined to be the primary factor, in relation to any other factor, causing both the resulting medical condition and disability. accident the prevailing accident the prevailing is abrogated to the extent it extends reject and abrogate earlier → or unforeseen identifiable event or series of events happening suddenly and violently, with or without human fault, An injury is compensable if it is clearly work related.⟦/IN⟦INS⟧An injury is clearly work related if work was a substantial factor in the cause of the resulting medical condition or disability. merely employment a substantial It can be seen to have followed as a natural incident of the work; and (⟦INS⟧It can be fairly traced to the employment as a proximate cause; and (d) employment a substantial as it existed prior to August 28, 2005 is reinstated for adopt All case law inconsistent with such interpretations is abrogated.

  amended

• Section 287.043, RSMo

  reject and abrogate earlier → adopt All case law inconsistent with such interpretations is abrogated.

  amended

• Section 287.067, RSMo

  only the occupational exposure was the prevailing factor in causing both the resulting medical condition and disability. The "prevailing factor" is defined to be the primary factor, in relation to any other factor, causing both the resulting medical condition and disability. Ordinary, gradual deterioration, or progressive degeneration of the body caused by aging or by the normal activities of day-to-day living shall not be compensable only the prevailing The "prevailing factor" is defined to be the primary factor, in relation to any other factor, causing both the resulting medical condition and disability. Ordinary, gradual deterioration, or progressive degeneration of the body caused by aging or by the normal activities of day-to-day living shall not be compensable. the prevailing → it is clearly work related and meets the requirements of an injury which is compensable as provided in subsections 2 and 3 of section 287.020.⟦INS⟧An occupational disease is not compensable merely because work was a triggering or precipitating factor a substantial a substantial contributing

  amended

• Section 287.120, RSMo

  prevailing → proximate

  amended

• Section 287.210, RSMo

  14. The employer may allow or require an employee to use any of the employee's accumulated paid leave, personal leave, or medical or sick leave to attend to medical treatment, physical rehabilitation, or medical evaluations during work time. The intent of this subsection is to specifically supercede and abrogate any case law that contradicts the express language of this section. → 287.48⟦INS⟧Any time after one year following the date when an employee has reached maximum medical improvement based on the evaluation of a physician, either the employee or the employer may request a final hearing.⟦/IN⟦INS⟧Such final hearing shall be set within six months after when the request is made and not to be continued, cancelled, or reset without consent of both the employee and the employer.

  amended

Action History

1. February 11, 2026

   Hearing Conducted S General Laws Committee

2. January 08, 2026

   Second Read and Referred S General Laws Committee

3. January 07, 2026

   S First Read

4. December 01, 2025

   Prefiled

Sponsors

• Doug Beck · Primary

Subjects