Mo. Rev. Stat. » Chapter 287
Missouri Revised Statutes

Mo. Rev. Stat. § 287.510 (2026)

Temporary or partial awards may be made

✓ current as of May 2026
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  287.510.  Temporary or partial awards may be made. — In any case a temporary or partial award of compensation may be made, and the same may be modified from time to time to meet the needs of the case, and the same may be kept open until a final award can be made, and if the same be not complied with, the amount equal to the value of compensation ordered and unpaid may be doubled in the final award, if the final award shall be in accordance with the temporary or partial award.

­­--------

(RSMo 1939 § 3734, A.L. 2005 S.B. 1 & 130)

Prior revision: 1929 § 3344

(1953) Contention that temporary award could be doubled on final award only where defense is found frivolous or vexatious denied. Cebak v. John Nooter Boiler Works (A.), 258 S.W.2d 262.

(1953) The making of a temporary award was not res adjudicata, after the time for review thereof had expired, as to the adjudication of the question of medical expenses even though medical treatment began before referee's hearing and continued thereafter. Finn v. Harrison (A.), 255 S.W.2d 93.

(1953) This section vests discretion in the commission to determine whether an award should be doubled, and its determination therein is not to be disturbed unless commission acted arbitrarily or abused discretion. Powers v. Universal Atlas Cement Co. (A.), 261 S.W.2d 512.

(1975) Double penalty for failure to comply with award not a proper matter for original consideration in the court of appeals.  Todd v. Goostree (A.), 528 S.W.2d 470.

Notes of Decisions
Cited in 62 cases (2 in the last 5 years), 1953–2024 · leading case: Smith v. Ozark Lead Co., 741 S.W.2d 802 (Mo. Ct. App. 1987).
Sort: Relevance Newest Treatment
Smith v. Ozark Lead Co., 741 S.W.2d 802 (Mo. Ct. App. 1987). · cites it 22× “In response to claimant’s appeal, respondents filed a motion to dismiss, averring that by *805 reason of § 287.510, RSMo 1978, the Commission’s “Temporary or Partial Award” is subject to modification from time to time until rendition of a final award, that § 287.”
Bolen v. Orchard Farm R-V Sch. Dist., 291 S.W.3d 747 (Mo. Ct. App. 2009). · cites it 15× “The time for making an application for review shall not commence until a final award is issued by the administrative law judge in cases where a temporary or partial award has been issued.”
Shaw v. Scott, 49 S.W.3d 720 (Mo. Ct. App. 2001). · cites it 15× “[The] employer/insurer have [sic] complied at times with the awards, but assessing the penalty of § 287.510 RSMo does not require that the employer/insurer completely not comply with the award.”
Ball-Sawyers v. Blue Springs Sch. Dist., 286 S.W.3d 247 (Mo. Ct. App. 2009). · cites it 18× “Double Penalty DeteRmination In Point IV, Appellants argue the Commission erred in assessing and calculating the double penalty under Section 287.510, RSMo Cum.Supp.2008, which provides: In any case a temporary or partial award of compensation may be made, and the same may be…”
Doerr v. Teton Transp., Inc., 258 S.W.3d 514 (Mo. Ct. App. 2008). · cites it 14× “All parties should be aware of the provisions of section 287.510.” 3 *519 On August 24, 2007, Claimant filed his notice of appeal in this Court.”
Lewis v. Container Port Grp., 872 S.W.2d 134 (Mo. Ct. App. 1994). · cites it 16× “Section 287.510, RSMo 1986, provides for temporary or partial awards which may be modified and may be kept open until a final award can be made.”
Norman v. Phelps Cnty. Reg'l Med. Ctr., 256 S.W.3d 202 (Mo. Ct. App. 2008). · cites it 12× “On October 27, 2006, the ALJ conducted a hardship hearing on Employee’s claim for benefits and issued a final award denying all benefits; after an appeal, the Commission reversed the ALJ decision, and issued a temporary or partial award under section 287.”
State Ex Rel. Lester E. Cox Med. Ctr. v. Wieland, 985 S.W.2d 924 (Mo. Ct. App. 1999). · cites it 13× “This being the case, we determine the trial court lacked subject matter jurisdiction to adjudicate matters relating to the propriety of an administrative law judge’s temporary award to a workers’ compensation claimant under section 287.510, RSMo 1994. See id; see also Felts, 916…”
Abrams v. Ohio Pac. Express, 819 S.W.2d 338 (Mo. 1991). · cites it 5× “The only statutory mention of temporary and partial awards is found in § 287.510. Substantial caselaw holds that no statutory authority exists for judicial review of temporary or partial awards made pursuant to § 287.”
Ford v. Wal-Mart Assocs., Inc., 155 S.W.3d 824 (Mo. Ct. App. 2005). · cites it 23× “2 The ALJ had found claimant permanently and partially disabled, but denied claimant’s request pursuant to Section 287.510 RSMo (2000) to double the temporary award previously made for noncompliance.”
Smalley v. Landmark Erectors, 291 S.W.3d 737 (Mo. Ct. App. 2009). · cites it 12× “In Norman, the Southern District held that appellate courts are without jurisdiction to review temporary or partial awards issued pursuant to section 287.510 RSMo Supp.2005 2 of the Workers’ Compensation Act (the “Act”).”
Forkum v. Arvin Indus., Inc., 956 S.W.2d 359 (Mo. Ct. App. 1997). · cites it 17× “That Rule provides, in part, the following: (1) Whenever an administrative law judge issues a temporary or partial award, under section 287.510 RSMo, the same shall not be considered a final award from which an application for review may be made.”
Show all 62 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.