Missouri Revised Statutes

Mo. Rev. Stat. § 286.010 (2026)

Creation of department of labor and industrial relations

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  286.010.  Creation of department of labor and industrial relations — industrial relations commission of Missouri — members, appointment, qualifications — chairman. — There is hereby created and established a separate department of the state government to be known as "The Department of Labor and Industrial Relations".  Such department shall be under the control, management and supervision of a commission to be known and designated as "The Labor and Industrial Relations Commission of Missouri".  Such commission shall consist of three members, each of whom shall have resided in this state for at least five years immediately prior to the person's appointment, to be appointed by the governor, by and with the advice and consent of the senate.  One member of the commission shall be a person who, on account of the person's previous vocation, employment, affiliation or interests shall be classified as a representative of employers, and one member who, on account of the person's previous vocation, employment, affiliation or interests shall be classified as a representative of employees, and one member, who, by reason of the person's previous activities and interests shall be classified as a representative of the public and who is licensed to practice law in the state of Missouri; provided, however, that not more than two members of the commission shall be of the same political party.  A member of the commission shall be designated by the governor as the chairman of the commission.  During the member's term of membership on the commission, no member shall engage in any other business, vocation or employment, or serve as an officer or committee member of any political party or organization.  Any two commissioners shall constitute a quorum.  The governor shall fill any vacancy within sixty days but no vacancy shall impair the right of the remaining commissioners to exercise all powers of the commission.

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(L. 1945 p. 1101 § 1. A.L. 1995 H.B. 300 & 95)

(1972) Where the final award and the order denying the motion to vacate were signed by two members of the commission thus constituting a quorum or majority, they were acts of the commission and were totally within its powers even though the member dissenting each time was a different member.  Graphenreed v. Ford Motor Company (A.), 472 S.W.2d 68.

Notes of Decisions
Cited in 12 cases, 1972–2005 · leading case: Rana v. Landstar TLC, 46 S.W.3d 614 (Mo. Ct. App. 2001).
Rana v. Landstar TLC, 46 S.W.3d 614 (Mo. Ct. App. 2001). · cites it 2× “§ 286.010, RSMo Supp.1995. 3 .In a workers’ compensation case, " ‘[w]here two events, one compensable and one not compensable, contribute to alleged disability, it is claimant’s burden to prove the nature and extent of disability attributed to the job-related injury.”
Cent. Missouri Plumbing Co. v. Plumbers Local Union 35, 908 S.W.2d 366 (Mo. Ct. App. 1995). · cites it 3× “Section 286.010 RSMo 1994. Moreover, Commissioner Barry did not stay out of the proceeding until a stalemate had developed.”
Barker v. Sec'y of State's Off. of Missouri, 752 S.W.2d 437 (Mo. Ct. App. 1988). · cites it 2× “§ 286.010, RSMo 1986. To render a valid decision there must be majority of two members.”
Grassmuck v. Autorama Auto Equip. & Supply Co., 659 S.W.2d 264 (Mo. Ct. App. 1983). · cites it 2× “” The employer and insurer appealed from the Final Award and Correcting Order, contending 1) that the award was not supported by competent and substantial evidence, and 2) that the Final Order of October 1, 1981 was invalid because it was not signed by a quorum of two…”
Williams v. Marcus, 652 S.W.2d 893 (Mo. Ct. App. 1983). · cites it 2× “§ 286.010 RSMo 1978. On application for review, if the first hearing was not held before the full commission, the full commission is to make the award after review.”
Medrano v. Marshall Elec. Contracting Inc., 173 S.W.3d 333 (Mo. Ct. App. 2005). · cites it 3× “IV, § 49; § 286.010. “Any two commissioners shall constitute a quorum” for purposes of an administrative review and any other business of the Commission.”
Terrell v. Bd. of Educ., 871 S.W.2d 20 (Mo. Ct. App. 1993). · cites it 5× “” Arguably, employer’s point raises the constitutionality of § 286.010, * which would question our jurisdiction.”
Circo v. A-Cord Elec., 969 S.W.2d 228 (Mo. Ct. App. 1998). · cites it 2× “§ 286.010, RSMo Cmn.Supp.1997; Hogue v. Minact, Inc.”
State ex inf. Danforth v. Butler, 524 S.W.2d 1 (Mo. 1975). · cites it 8× “It is agreed that pursuant to the authority of § 286.010 1 respondent was appointed a member and chairman of the industrial commission of Missouri by the then governor, Warren E.”
Hogue v. Minact, Inc., 892 S.W.2d 758 (Mo. Ct. App. 1995). · cites it 3× “RSMo § 286.010 (1993); Terrell v. Bd. of Educ.”
Graphenreed v. Ford Motor Co., 482 S.W.2d 68 (Mo. Ct. App. 1972). · cites it 2× “The final award was properly signed by two commissioners thus constituting a quorum or majority as required by § 286.010, RSMo., V.A.M.S. Similarly the order denying the motion to vacate was properly signed by two members thus constituting a majority.”
Benne v. ABB Power T & D Co., 106 S.W.3d 595 (Mo. Ct. App. 2003). “” § 286.010. Any vacancies on the LIRC are to be filled within sixty days.”
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