287.160. Waiting period — compensation, how paid — interest, how computed — not credit to employer for wages or benefits paid, exception. — 1. Except as provided in section 287.140, no compensation shall be payable for the first three days or less of disability during which the employer is open for the purpose of operating its business or enterprise unless the disability shall last longer than fourteen days. If the disability lasts longer than fourteen days, payment for the first three days shall be made retroactively to the claimant.
2. Compensation shall be payable as the wages were paid prior to the injury, but in any event at least once every two weeks. If an injured employee claims benefits pursuant to this section, an employer may, if the employee agrees in writing, pay directly to the employee any benefits due pursuant to section 287.170. The employer shall continue such payments until the insurer starts making the payments or the claim is contested by any party. Where the claim is found to be compensable the employer's workers' compensation insurer shall indemnify the employer for any payments made pursuant to this subsection. If the employee's claim is found to be fraudulent or noncompensable, after a hearing, the employee shall reimburse the employer, or the insurer if the insurer has indemnified the employer, for any benefits received either by a:
(1) Lump sum payment;
(2) Refund of the compensation equivalent of any accumulated sick or disability leave;
(3) Payroll deduction; or
(4) Secured installment plan.
If the employee is no longer employed by such employer, the employer may garnish the employee's wages or execute upon any property, except real estate, of the employee. Nothing in this subsection shall be construed to require any employer to make payments directly to the employee.
3. Where weekly benefit payments that are not being contested by the employer or his insurer are due, and if such weekly benefit payments are made more than thirty days after becoming due, the weekly benefit payments that are late shall be increased by ten percent simple interest per annum. Provided, however, that if such claim for weekly compensation is contested by the employee, and the employer or his insurer have not paid the disputed weekly benefit payments or lump sum within thirty days of when the administrative law judge's order becomes final, or from the date of a decision by the labor and industrial relations commission, or from the date of the last judicial review, whichever is later, interest on such disputed weekly benefit payments or lump sum so ordered, shall be increased by ten percent simple interest per annum beginning thirty days from the date of such order. Provided, however, that if such claims for weekly compensation are contested solely by the employer or insurer, no interest shall be payable until after thirty days after the award of the administrative law judge. The state of Missouri or any of its political subdivisions, as an employer, is liable for any such interest assessed against it for failure to promptly pay on any award issued against it under this chapter.
4. Compensation shall be payable in accordance with the rules given in sections 287.170, 287.180, 287.190, 287.200, 287.240, and 287.250.
5. The employer shall not be entitled to credit for wages or such pay benefits paid to the employee or his dependents on account of the injury or death except as provided in section 287.270.
Notes of Decisions
Strohmeyer v. Sw. Bell Tel. Co., 396 S.W.2d 1 (Mo. Ct. App. 1965).
· cites it 13× “His last allegation of error is that the credit was improperly allowed due to a misconstruction of the provisions of § 287.160, (3), RSMo 1959, V.A.M.S., by the commission and the trial court.”
Point v. Westinghouse Elec. Corp., 382 S.W.2d 436 (Mo. Ct. App. 1964).
· cites it 14× “The employee’s contention that § 287.160 (3), supra, merely entitles an employer to credit salary extension payments against the employee’s liability for temporary total disability payments under § 287.”
Komosa v. Monsanto Chem. Co., 317 S.W.2d 396 (Mo. 1958).
· cites it 8× “The employee contends that he is entitled to interest at six per cent on each installment of compensation from the respective maturity dates as designated by the award until paid, relying on these provisions of section 287.160 RSMo 1949, V.A. M.S.: “2.”
Cook v. Sunnen Prods. Corp., 937 S.W.2d 221 (Mo. Ct. App. 1996).
· cites it 8× “160(6) ] prohibits an employer from receiving workers’ compensation credit for wages or benefits paid to an employee on account of injury or death [§ 287.160.(6) ] by reference to § 287.270, provides an exception, not applicable here, for employers of professional athletes.”
Stillwell v. Universal Constr. Co., 922 S.W.2d 448 (Mo. Ct. App. 1996).
· cites it 6× “At issue in Crojfoot was Section 287.160, a provision of the Workers’ Compensation Law regarding accrual of prejudgment interest on unpaid benefits.”
Morrow v. City of Kansas City, 788 S.W.2d 278 (Mo. 1990).
· cites it 4× “Claimant was injured in 1977 and was granted an award under § 287.160, RSMo 1969. The trial court allowed the employer to reduce an award for combined temporary and permanent partial disability by the amount paid during the claimant’s absence from work.”
Yardley v. Montgomery, 580 S.W.2d 263 (Mo. 1979).
· cites it 6× “Section 287.160, subsection 2, RSMo 1975 Supp.”
Eason v. Treasurer of the State, 371 S.W.3d 886 (Mo. Ct. App. 2012).
· cites it 5× “The court construed section 287.160, RSMo 1994, and concluded that while there were no statutory provisions for such interest, because the legislature expressed no intent to prohibit interest, the general interest statute was applicable.”
Schuster v. State Div. of Emp. Sec., 972 S.W.2d 377 (Mo. Ct. App. 1998).
· cites it 4× “The Commission based its conclusion on section 287.160(3), which reads in relevant part: “The state of Missouri or any of its political subdivisions, as an employer, is liable for any such interest assessed against it for failure to promptly pay on any award issued against it…”
Johnson v. St. John's Mercy Med. Ctr., 812 S.W.2d 845 (Mo. Ct. App. 1991).
· cites it 5× “In its final award, the Commission ordered that any past due compensation was to bear interest “from the date due until paid as provided by Section 287.160 RSMo 1986.” The award was issued on April 10, 1989, and, on April 20, 1989, the parties agree, the employee received a…”
Croffoot v. Max German, Inc., 857 S.W.2d 435 (Mo. Ct. App. 1993).
· cites it 4× “On April 28, 1992, the administrative law judge (ALJ) awarded compensation for permanent partial disability, “payments to begin July 11, 1988, with interest as provided by law.”
— Mo. Rev. Stat. § 287.160(2) — 3 cases
Point v. Westinghouse Elec. Corp., 382 S.W.2d 436 (Mo. Ct. App. 1964).
“The employee’s contention that § 287.160 (3), supra, merely entitles an employer to credit salary extension payments against the employee’s liability for temporary total disability payments under § 287.”
— Mo. Rev. Stat. § 287.160(3) — 6 cases
Point v. Westinghouse Elec. Corp., 382 S.W.2d 436 (Mo. Ct. App. 1964).
“The employee’s contention that § 287.160 (3), supra, merely entitles an employer to credit salary extension payments against the employee’s liability for temporary total disability payments under § 287.”
Schuster v. State Div. of Emp. Sec., 972 S.W.2d 377 (Mo. Ct. App. 1998).
“The Commission based its conclusion on section 287.160(3), which reads in relevant part: “The state of Missouri or any of its political subdivisions, as an employer, is liable for any such interest assessed against it for failure to promptly pay on any award issued against it…”
Morrow v. City of Kansas City, 788 S.W.2d 278 (Mo. 1990).
“Claimant was injured in 1977 and was granted an award under § 287.160, RSMo 1969. The trial court allowed the employer to reduce an award for combined temporary and permanent partial disability by the amount paid during the claimant’s absence from work.”
— Mo. Rev. Stat. § 287.160(5) — 1 case
Cook v. Sunnen Prods. Corp., 937 S.W.2d 221 (Mo. Ct. App. 1996).
“160(6) ] prohibits an employer from receiving workers’ compensation credit for wages or benefits paid to an employee on account of injury or death [§ 287.160.(6) ] by reference to § 287.270, provides an exception, not applicable here, for employers of professional athletes.”
— Mo. Rev. Stat. § 287.160(6) — 1 case
Cook v. Sunnen Prods. Corp., 937 S.W.2d 221 (Mo. Ct. App. 1996).
“160(6) ] prohibits an employer from receiving workers’ compensation credit for wages or benefits paid to an employee on account of injury or death [§ 287.160.(6) ] by reference to § 287.270, provides an exception, not applicable here, for employers of professional athletes.”
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