287.230. Payment of compensation at death of employee — exceptions — abrogation of case law. — 1. The death of the injured employee shall not affect the liability of the employer to furnish compensation as in this chapter provided, so far as the liability has accrued and become payable at the time of the death, and any accrued and unpaid compensation due the employee shall be paid to his dependents without administration, or if there are no dependents, to his personal representative or other persons entitled thereto, but the death shall be deemed to be the termination of the disability.
2. Where an employee is entitled to compensation under this chapter, exclusive of compensation as provided for in section 287.200, for an injury received and death ensues for any cause not resulting from the injury for which the employee was entitled to compensation, payments of the unpaid unaccrued compensation under section 287.190 and no other compensation for the injury shall be paid to the surviving dependents at the time of death.
3. In applying the provisions of this chapter, it is the intent of the legislature to reject and abrogate the holding in Schoemehl v. Treasurer of the State of Missouri, 217 S.W.3d 900 (Mo. 2007), and all cases citing, interpreting, applying, or following this case.
Notes of Decisions
Taylor v. Ballard R-II Sch. Dist., 274 S.W.3d 629 (Mo. Ct. App. 2009).
· cites it 16× “4 In recognizing Employer’s argument, the Commission *632 noted that section 287.230 5 governs “proceedings before the Commission when an employee dies while a claim is pending” but stated that Employer’s argument need not be addressed.”
Cochran v. Travelers Ins. Co., 284 S.W.3d 666 (Mo. Ct. App. 2009).
· cites it 6× “2: Permanent total disability benefits that have accrued through the date of the injured employee’s death are the only permanent total disability benefits that are to be paid in accordance with section 287.230. The right to unaccrued compensation for permanent total disability…”
Buescher v. Missouri High. & Transp. Comm'n, 254 S.W.3d 105 (Mo. Ct. App. 2008).
· cites it 4× “When the Schoemehl decision was issued on January 9, 2007, it was the first Missouri case to determine the survivorship rights for PTD awards under Section 287.230. Id. at 901 . The Employer suggests that Schoemehl is not applicable to the instant case due to procedural…”
Bennett v. Treasurer of State of Mo., 271 S.W.3d 49 (Mo. Ct. App. 2008).
· cites it 4× “2 now reads: Permanent total disability benefits that have accrued through the date of the injured employee’s death are the only permanent total disability benefits that are to be paid in accordance with section 287.230. The right to unaccrued compensation for permanent total…”
Jim Plunkett, Inc. v. Michael Ard (Deceased), 499 S.W.3d 333 (Mo. Ct. App. 2016).
· cites it 3× “After Ard’s death, the parties filed a motion with the ALJ to determine dependency pursuant to section 287.230, RSMo Cum. Supp. 2013, and section 287.”
Sanders v. St. Clair Corp., 943 S.W.2d 12 (Mo. Ct. App. 1997).
· cites it 4× “Section 287.230, RSMo 1986, provides: 1. The death of the injured employee shall not affect the liability of the employer to furnish compensation as in this chapter provided, so far as the liability has accrued and become payable at the time of the death, and any accrued and…”
JOAN KNUTTER v. Am. Nat'l Ins., Emp.-Appellant, 578 S.W.3d 824 (Mo. Ct. App. 2019).
· cites it 5× “" Employer filed written objections, stating that Employer objected to this substitution because it did not "believe that Section 287.230 RSMo., provides for such substitution when the alleged dependent dies rather than the employee.”
Akers v. Warson Garden Apts., 961 S.W.2d 50 (Mo. 1998).
· cites it 2× “Section 287.230. However, there is no *58 evidence that Employee’s injuries were partial in degree and, therefore, that he was entitled to compensation for permanent partial disability.”
Poole v. City of St. Louis, 328 S.W.3d 277 (Mo. Ct. App. 2010).
· cites it 2× “The death of the injured employee shall not affect the liability of the employer to furnish compensation as in this chapter provided, so far as the liability has accrued and become payable at the time of the death, and any accrued and unpaid compensation due the employee shall…”
Bone v. Daniel Hamm Drayage Co., 449 S.W.2d 169 (Mo. 1970).
· cites it 4× “, which provides that death of an injured employee “shall not affect the liability of the employer to furnish compensation as in this chapter provided, so far as the liability has accrued and become payable at the time of the death, and any accrued and unpaid compensation due…”
Mo. Rev. Stat. § 287.230(1): 1 case
Mo. Rev. Stat. § 287.230(2): 5 cases
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