Wednesday, January 3, 2018

Proposed new comp reform seeks to close St. Louis Division office.


House Bill 1693, introduced by representative DeGroot, seeks to change 17 provisions of the workers compensation act.

Among the proposals

abolish the additional benefits for toxic torts. 
eliminate the reactivation provision to allow claims to be re-opened for various reasons related to prosthetics and life threatening procedure 
Redefine prevailing factor to compare occupational causes compared to all non-occupational combined rather than a single non-occupational factor 
eliminate one criteria for finding recreational activities compensable when the employee is paid wages or travel expenses. 
Restore subrogation rights of employers in wrongful death claims from toxic exposure 
Requires all parties to be "automatically retained" on any appeal
Allow review of temporary awards by an appellate court when the employer disputes all liability
Caps the cost for prosecution or defense on unreasonable ground based on the costs paid by the employer to defend the claim.
Bars admission in a civil court in a claim of discrimination under 287.780 that the employer sought a resignation as a condition of settlement.

These changes may have profound effects on employees obtaining current benefits under the Act. 


Will it pass?  Who knows.  One might not easily dismiss what can happen or not happen in the capital. 

But let's talk about something even more important.  DeGroot wants to move the city office of the  Division so he can have a new Division in his own district in Chesterfield.

Section 287.640  deletes the current statutory requirement to keep an office in St. Louis and instead adds a new office in Chesterfield. 

Section 287.640 indicates the Division gets 7 offices and 2 optional offices. The seven offices are currently designated as the state capital, St. Louis, St. Joseph, Cape Girardeau, Joplin, Springfield, and Kansas City.

It is unclear why no one in the legislature seems to know the "state capital" is Jefferson City, and refers to it on as "state capital" while identifying the other cities.  That may be the topic for another column.  This may be part of deep government to have a  secret state capital somewhere else like the governor's basement.

The bill allows the Division discretion to add other offices "in such other places, not to exceed two, as the division deems necessary for the efficient disposition of the business of the division."

The bill if passed means there must be a new office in Chesterfield, and that the office in the city of St. Louis is no longer required but optional under the two option policy.    The Division already exercised its two optional offices and  maintains an optional office in Columbia and has cases now in a re-opened office in St. Charles.  So one of those must go away or the bill change to add the number of options.

The Division always could have opened its own office in Chesterfield if it wanted to, but clearly   a house representative knows their needs better than they do. 

So long St. Louis city division.  We hardly knew you.

One might dismiss DeGroot  as a troll.

The provision is buried deep in the bill, page 23, so it is probably not click bait but a secret sleeper provision like half the things in the new tax code.  "Was that in there?  How was I to know that?  It's a really thick bill."

This maybe  is payback  to the  loyal 14,000 republicans in the 101st who put him in office by new construction and new state funded jobs.  This is just what drain the swamp  voters want when they clamor and holler for smaller government for everyone else.

Why not give his supporters the best like a new Division with fresh paint with that new state building smell?

But the bill would mean city people might have to travel to the county for court appearances.   Remember the great debate when highway 40 was demolished whether or not it might be a good idea to extend a Metrolink out to the county since the highway was already a pile of dirt.  Train people?  In Chesterfield?  Oh my!

Everyone knows how  people in Chesterfield have to rough it with their long commutes to nice safe neighborhoods and good schools.  It must be exhausting!    It is about time they deserve a break today so they don't have to drive into an urban environment like St. Louis city and get confused by the new credit card parking meters and  risk inter-acting with the bottom 99%.

If the bill  has a disparate impact to move the Division from the city to far west county,  that is a small price to pay for the happiness of  Chesterfield.    People who live in St. Louis city and  rely on public transportation to get to court can just not get injured at work.