Missouri Revised Statutes

Mo. Rev. Stat. § 287.170 (2026)

Temporary total disability, amount to be paid

✓ current as of May 2026
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  287.170.  Temporary total disability, amount to be paid — method of payment — disqualification, when — post injury misconduct defined — benefits not payable, when. — 1.  For temporary total disability the employer shall pay compensation for not more than four hundred weeks during the continuance of such disability at the weekly rate of compensation in effect under this section on the date of the injury for which compensation is being made.  The amount of such compensation shall be computed as follows:

  (1)  For all injuries occurring on or after September 28, 1983, but before September 28, 1986, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to seventy percent of the state average weekly wage, as such wage is determined by the division of employment security, as of the July first immediately preceding the date of injury;

  (2)  For all injuries occurring on or after September 28, 1986, but before August 28, 1990, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to seventy-five percent of the state average weekly wage, as such wage is determined by the division of employment security, as of the July first immediately preceding the date of injury;

  (3)  For all injuries occurring on or after August 28, 1990, but before August 28, 1991, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to one hundred percent of the state average weekly wage;

  (4)  For all injuries occurring on or after August 28, 1991, the weekly compensation shall be an amount equal to sixty-six and two-thirds percent of the injured employee's average weekly earnings as of the date of the injury; provided that the weekly compensation paid under this subdivision shall not exceed an amount equal to one hundred five percent of the state average weekly wage;

  (5)  For all injuries occurring on or after September 28, 1981, the weekly compensation shall in no event be less than forty dollars per week.

  2.  Temporary total disability payments shall be made to the claimant by check or other negotiable instrument, or by electronic transfer or other manner authorized by the claimant, and shall be forwarded directly to the claimant without intervention, or, when requested, to claimant's attorney if represented, except as provided in section 454.517, by any other party except by order of the division of workers' compensation.

  3.  An employee is disqualified from receiving temporary total disability during any period of time in which the claimant applies and receives unemployment compensation.

  4.  If the employee is terminated from post-injury employment based upon the employee's post-injury misconduct, neither temporary total disability nor temporary partial disability benefits under this section or section 287.180 are payable.  As used in this section, the phrase "post-injury misconduct" shall not include absence from the workplace due to an injury unless the employee is capable of working with restrictions, as certified by a physician.

  5.  If an employee voluntarily separates from employment with an employer at a time when the employer had work available for the employee that was in compliance with any medical restriction imposed upon the employee within a reasonable degree of medical certainty as a result of the injury that is the subject of a claim for benefits under this chapter, neither temporary total disability nor temporary partial disability benefits available under this section or section 287.180 shall be payable.

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(RSMo 1939 § 3704, A.L. 1947 V. II p. 438, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1957 p. 560, A.L. 1959 S.B. 167, A.L. 1961 p. 423, A.L. 1965 p. 414, A.L. 1967 p. 384, A.L. 1969 p. 393, A.L. 1971 H.B. 25 & 364, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1987 H.B. 564, A.L. 1990 S.B. 751, A.L. 1998 H.B. 1237, et al., A.L. 2005 S.B. 1 & 130, A.L. 2017 S.B. 66, A.L. 2021 H.B. 604 merged with S.B. 303)

Prior revision: 1929 § 3313

Notes of Decisions
Cited in 43 cases (1 in the last 5 years), 1955–2022 · leading case: Dubinsky v. St. Louis Blues Hockey Club, 229 S.W.3d 126 (Mo. Ct. App. 2007).
Dubinsky v. St. Louis Blues Hockey Club, 229 S.W.3d 126 (Mo. Ct. App. 2007). · cites it 8× “efits from other sources no bar to compensation, exception, professional athletes[,]” provides that: No savings or insurance of the injured employee, nor any benefits derived from any other source than the employer or the employer’s insurer for liability under this chapter,…”
Cardwell v. Treasurer of State of Missouri, 249 S.W.3d 902 (Mo. Ct. App. 2008). · cites it 5× “Temporary total disability is provided for in Section 287.170. Section 287.170.1 provides, in pertinent part, that “the employer shall pay compensation for not more than four hundred weeks during the continuance of such disability at the weekly rate of compensation in effect…”
Greer v. SYSCO Food Servs., 475 S.W.3d 655 (Mo. 2015). · cites it 4× “Section 287.170. This section was intended to provide a sufficiently long period of time for the commission to evaluate the extent and nature of .”
Johnson v. City of Duenweg Fire Dep't, 735 S.W.2d 364 (Mo. 1987). · cites it 4× “00 per week, to be the applicable wage rate pursuant to section 287.170 and section 287.190, RSMo 1978.”
Tillotson v. St. Joseph Med. Ctr., 347 S.W.3d 511 (Mo. Ct. App. 2011). · cites it 2× “140), temporary total disability (section 287.170), and per *518 manent partial or permanent total disability (section 287.”
St. Louis Police Officers' Ass'n v. Bd. of Police Commissioners, 846 S.W.2d 732 (Mo. Ct. App. 1992). · cites it 6× “On September 15, 1986, Board issued a Special Order which provided that employees who were ■not injured in “the line of duty” would be paid pursuant to section 287.170, RSMo Cum Supp.1991 (section 287.”
Lisa Cook, Claimant-respondent v. Missouri High. & Transp. Comm'n, Emp.-appellant., 500 S.W.3d 917 (Mo. Ct. App. 2016). · cites it 2× “Section 287-270 RSMo (2000) provides: No savings or insurance of the injured employee, nor any benefits derived from any other source than the employer or the employer’s insurer for liability under this *930 chapter, shall be considered in determining the compensation due…”
Maness v. City of De Soto, 421 S.W.3d 532 (Mo. Ct. App. 2014). · cites it 2× “140), temporary total disability (section 287.170), and permanent partial or permanent total disability (section 287.”
Buescher v. Missouri High. & Transp. Comm'n, 254 S.W.3d 105 (Mo. Ct. App. 2008). · cites it 2× “If the employee disputes the termination of such benefits, the employee may request a hearing before the division and the division shall set the matter for hearing within sixty days of such request and the division shall hear the matter on the date of hearing and no continuances…”
Vinson v. Curators of the Univ. of Missouri, 822 S.W.2d 504 (Mo. Ct. App. 1991). · cites it 3× “Section 287.170 RSMo 1987. Awards of temporary total disability are intended to cover healing periods.”
Pierson v. Treasurer of the State, 126 S.W.3d 386 (Mo. 2004). “For permanent partial disability, which shall be in addition to compensation for temporary total disability or temporary partial disability paid in accordance with sections 287.170 and 287.180, respectively, the employer shall pay to the employee compensation computed at the…”
P.M. v. Metromedia Steakhouses Co., 931 S.W.2d 846 (Mo. Ct. App. 1996). · cites it 3× “In relevant part, it states: Whenever the employer has provided compensation under section 287.170, 287.180 or 287.200, and terminates such compensation, the employer shall notify the employee of such termination and shall advise the employee of the reason for such termination.”
— Mo. Rev. Stat. § 287.170(1) — 1 case
Cook v. Sunnen Prods. Corp., 937 S.W.2d 221 (Mo. Ct. App. 1996).
— Mo. Rev. Stat. § 287.170(4) — 1 case
St. Louis Police Officers' Ass'n v. Bd. of Police Commissioners, 846 S.W.2d 732 (Mo. Ct. App. 1992). “On September 15, 1986, Board issued a Special Order which provided that employees who were ■not injured in “the line of duty” would be paid pursuant to section 287.170, RSMo Cum Supp.1991 (section 287.”
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