Missouri Revised Statutes
Mo. Rev. Stat. § 105.800 (2026)
State employee defined
✓ current as of May 2026
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105.800. State employee defined. — As used in sections 105.800 to 105.850, the term "state employee" means any person who is an elected or appointed official of the state of Missouri or who is employed by the state and earns a salary or wage in a position normally requiring the actual performance by him of duties on behalf of the state. The term "state employee" also includes all juvenile court personnel, whether compensation for such personnel is paid by the state, the judicial circuits, the counties, or a combination thereof.
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(L. 1969 S.B. 213 § 1, A.L. 1993 S.B. 88 merged with S.B. 180)
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1975–2022 · leading case: Wyman v. Missouri Dep't of Mental Health, 376 S.W.3d 16 (Mo. Ct. App. 2012).
Wyman v. Missouri Dep't of Mental Health, 376 S.W.3d 16 (Mo. Ct. App. 2012). “Sections 105.800 through 105.850 specify the manner in which state employees are to be made subject to the Workers’ Compensation Law.”
Smith v. Thirty-Seventh Jud. Circuit of Missouri, 847 S.W.2d 755 (Mo. 1993). “§ 105.800. The parties dispute whether Smith is a state employee or a county employee under this statute.”
Krasney v. Curators of the Univ. of Missouri, 765 S.W.2d 646 (Mo. Ct. App. 1989). “In 1969 the General Assembly enacted sections 105.800 through 105.850 to extend the provisions of the Workers Compensation Law [chapter 287] to include all state employees.”
Boone Cnty. v. Cnty. Employees' Ret. Fund, 26 S.W.3d 257 (Mo. Ct. App. 2000). “Smith interpreted the Missouri’s workers’ compensation statute’s definition of “employee,” § 105.800 RSMo Supp.1992, which essentially mirrored § 104.”
Hummel v. St. Charles City R-3 Sch. Dist., 114 S.W.3d 282 (Mo. Ct. App. 2003). “Hummel opposed the motion, arguing that the workers’ compensation statutes expressly waived sovereign immunity for retaliatory discharge claims thereunder. The trial court agreed with the School District, which cited cases holding that neither the workers’ compensation law,…”
O'Dell Ex Rel. O'Dell v. Sch. Dist. of Indep., 521 S.W.2d 403 (Mo. 1975). “850 reads as follows: " Nothing in sections 105.800 to 105.850 shall ever be construed as acknowledging or creating any liability in tort or as incurring other obligations or duties except only the duty and obligation of complying with the provisions of chapter 287 RSMo.”
King v. Prob. Div., Circuit Court of the Cnty. of St. Louis, 21st Jud. Circuit, 958 S.W.2d 92 (Mo. Ct. App. 1997). “—Nothing in sections 105.800 to 105.850 shall ever be construed as acknowledging or creating any liability in tort or as incurring other obligations or duties except only the duty and obligation of complying with the provisions of Chapter 287, RSMo.”
Travis Poke v. Indep. Sch. Dist. (Mo. Ct. App. 2021). “9 Section 105.800, RSMo 1969 (emphasis added).”
Melinda S. Wille v. The Curators of the Univ. of Missouri (Mo. Ct. App. 2021). ““In 1969, the General Assembly enacted sections 105.800 through 105.850 to extend the provisions of the Workers’ Compensation Law [chapter 287] to include all state employees.”
Travis Poke v. Indep. Sch. Dist. (Mo. 2022). “850 provides: “Nothing in sections 105.800 to 105.850 shall ever be construed as acknowledging or creating any liability in tort or as incurring other obligations or duties except only the duty and obligation of complying with the provisions of chapter 287.”
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