Missouri Revised Statutes

Mo. Rev. Stat. § 287.180 (2026)

Temporary partial disability, amount to be paid

✓ current as of May 2026

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287.180. Temporary partial disability, amount to be paid — method of payment. — 1. For temporary partial disability, compensation shall be paid during such disability but not for more than one hundred weeks, and shall be sixty-six and two-thirds percent of the difference between the average earnings prior to the accident and the amount which the employee, in the exercise of reasonable diligence, will be able to earn during the disability, to be determined in view of the nature and extent of the injury and the ability of the employee to compete in an open labor market. 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 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 wages are 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.

2. Temporary partial 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.

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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. 1990 S.B. 751, A.L. 2021 H.B. 604 merged with S.B. 303)

Prior revision: 1929 § 3314

Notes of Decisions

Cited in 12 cases, 1956–2014 · leading case: Missouri All. for Retired Americans v. Dep't of Labor & Indus. Relations, 277 S.W.3d 670 (Mo. 2009).

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Missouri All. for Retired Americans v. Dep't of Labor & Indus. Relations, 277 S.W.3d 670 (Mo. 2009). · cites it 4× “This statute provides that "[i]f 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." This statute…”

Stegeman v. St. Francis Xavier Par., 611 S.W.2d 204 (Mo. 1981). · cites it 2× “160, § 287.180 and § 287.190 RSMo 1975 Supp. The second issue before this court is whether such an award was based on evidence properly before the Commission.”

Porter v. Mallet, 596 S.W.2d 451 (Mo. Ct. App. 1980). · cites it 3× “and American States Insurance Company intervened in the suit pursuant to Section 287.180 RSMo 1969, claiming that they had paid plaintiff the sum of $2,839.”

Minnick v. South Metro Fire Prot. Dist., 926 S.W.2d 906 (Mo. Ct. App. 1996). · cites it 2× “To the contrary, by its very nature, Section 287.180 envisions eases where a reasonably diligent worker is partially able to work subject to certain limitations and restrictions.”

Johnson v. St. John's Mercy Med. Ctr., 812 S.W.2d 845 (Mo. Ct. App. 1991). · cites it 2× “” § 287.180. The word “disability” as used in the Act means an impairment in the injured employee’s ability to earn wages.”

State ex rel. Rival Co. v. Gant, 945 S.W.2d 475 (Mo. Ct. App. 1997). · cites it 2× “The amount and method of payment are provided for in § 287.180, RSMo 1994. The determination of what sort of care as may be necessarily rendered to the employee is within the exclusive province of the Division of Workers’ Compensation.”

Mariann Atwell v. James Fitzsimmons, 452 S.W.3d 670 (Mo. Ct. App. 2014). “170) or temporary partial disability benefits (§ 287.180) throughout the rehabilitative process (§ 287.”

Scannell v. Fulton Iron Works Co., 289 S.W.2d 122 (Mo. 1956). · cites it 2× “440, § 3703) and temporary partial disability (§ 287.180; 2 Laws 1947, p. 440, § 3704) carry express limitations that the compensation shall be paid “for not more than four hundred weeks during the continuance of such disability” (§ 287.”

Felts v. Ford Motor Co., 916 S.W.2d 798 (Mo. Ct. App. 1995). “450 outlines the procedure if an employee and employer do not agree upon the compensation payable under the Act. Procedures for review are established in the Act.”

P.M. v. Metromedia Steakhouses Co., 931 S.W.2d 846 (Mo. Ct. App. 1996). “’s statement in her Application for Hardship Setting with the facts of the case by concluding that the payments provided by Metromedia were temporary partial (§ 287.180) or permanent total (§ 287.200) disability payments rather than temporary total benefits.”

Herring v. Yellow Freight Sys., Inc., 914 S.W.2d 816 (Mo. Ct. App. 1995). “1990) which held that the test for total disability is whether, given the employee’s situation and condition, he is competent to compete in the open labor market.”

Reinerd v. A.B. Chance Co., 800 S.W.2d 777 (Mo. Ct. App. 1990). · cites it 2× “170 or temporary partial disability under section 287.180. The healing period shall end at any time within the fifty-two weeks that the employee is able to return to and remain in any employment.”

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