287.470. Commission may review and change award. — Upon its own motion or upon the application of any party in interest on the ground of a change in condition, the commission may at any time upon a rehearing after due notice to the parties interested review any award and on such review may make an award ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this chapter, and shall immediately send to the parties and the employer's insurer a copy of the award. No such review shall affect such award as regards any moneys paid.
Notes of Decisions
Bunker v. Rural Elec. Coop., 46 S.W.3d 641 (Mo. Ct. App. 2001).
· cites it 21× “As noted earlier, the current version of § 287.470, RSMo (1994), contains the same language that was used by the Legislature in § 3340, RSMo 1929, § 3730, RSMo 1939, and § 287.”
Stonecipher v. Poplar Bluff R1 Sch. Dist., 205 S.W.3d 326 (Mo. Ct. App. 2006).
· cites it 14× “480, 7 the Commission’s first quoted sentence partially tracks section 287.470, while overlooking other section 287.”
Thomas v. Treasurer State of Mo.-custodian, 326 S.W.3d 876 (Mo. Ct. App. 2010).
· cites it 25× “Similarly, an award can be “reopened” pursuant to section 287.470 on the Commission’s own motion, or upon the application of a party, but only upon a change in condition warranting recalculation of an award.”
Dennis v. H & K Mach. Serv. Co., 186 S.W.3d 484 (Mo. Ct. App. 2006).
· cites it 9× “Three weeks later, claimant filed an application for review with the Commission pursuant to section 287.470 RSMo (2000) on the ground there had been a substantial change of condition since the entry of the award.”
Johnson v. St. John's Mercy Med. Ctr., 812 S.W.2d 845 (Mo. Ct. App. 1991).
· cites it 12× “First, he argues that the plain meaning of § 287.470 grants the Commission the jurisdiction to review awards “at any time”, without limitation.”
Modlin v. Sun Mark, Inc., 699 S.W.2d 5 (Mo. Ct. App. 1985).
· cites it 6× “Section 287.470, RSMo 1978 states: Upon its own motion or upon the application of any party in interest on the ground of a change in condition, the commission may at any time upon a rehearing after due notice to the parties interested review any award and on such review may make…”
Mell v. Biebel Bros., Inc., 247 S.W.3d 26 (Mo. Ct. App. 2008).
· cites it 4× “In reaching this decision, the Court relied on the language of section 287.470, which allows the Commission, after due notice to the parties, to make an award ending, diminishing or increasing the compensation previously awarded.”
Dunn v. Hussman Corp., 892 S.W.2d 676 (Mo. Ct. App. 1994).
· cites it 6× “Section 287.470 RSMo 1986 also did not provide the Commission with the authority to rehear oral argument because employer did not allege and, indeed there is no evidence of, a change in claimant’s condition.”
Nance v. Maxon Elec., Inc., 395 S.W.3d 527 (Mo. Ct. App. 2012).
· cites it 4× “However, one exception to this general rule is found within section 287.470, which gives the Commission statutory authority to modify an award due to a change in the condition of the injured worker.”
Kramer v. Bill's Marine, Ltd., 897 S.W.2d 213 (Mo. Ct. App. 1995).
· cites it 8× “On February 25, 1992, employee filed a second motion pursuant to § 287.470 to re *215 open his claim due to a change of conditions.”
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