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Missouri Workers' Compensation Legal Library


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287.110. Scope of chapter as to injuries and diseases covered. -

1. This chapter shall apply to all cases within its provisions except those exclusively covered by any federal law.

2. This chapter shall apply to all injuries received and occupational diseases contracted in this state, regardless of where the contract of employment was made, and also to all injuries received and occupational diseases contracted outside of this state under contract of employment made in this state, unless the contract of employment in any case shall otherwise provide, and also to all injuries received and occupational diseases contracted outside of this state where the employee's employment was principally localized in this state within thirteen calendar weeks of the injury or diagnosis of the occupational disease.

(RSMo 1939 § 3700, A.L. 1974 S.B. 417, A.L. 2005 S.B. 1 & 130, A.L. 2005 1st Ex. Sess. S.B. 4)

Prior revision: 1929 § 3310

Effective 12-14-05

(1977) Despite policy provision excluding coverage on accidents occurring outside Missouri, Workmen's Compensation Law applies and insurer is liable on accidents occurring outside of state where contract of employment was made in state. Payne v. St. Louis Grain Corp. (A.), 562 S.W.2d 102.

(1986) A choice of law provision in an employment contract may be disregarded in workers' compensation cases. Miller v. Hirschbach Motor Lines, Inc., 714 S.W.2d 652 (Mo. App.).

(1993) Where Missouri statute specifically precludes recovery for work-related injuries if injuries are exclusively covered by any federal law, injuries sustained by dredge operator were recoverable under federal Jones Act which provides for personal injury suffered by any seaman in course of his employment; therefore, any amount received by plaintiff under workers' compensation was recoverable by insurer. Commercial Union Insurance Co. v. McKinnon, 10 F.3d 1352 (8th Cir.).




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