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Missouri Workers' Compensation Legal Library

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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.

(RSMo 1939 § 3708, A.L. 1965 p. 397, A.L. 2008 H.B. 1883)

Prior revision: 1929 § 3318

Effective 6-26-08

(1954) Award of benefits to dependent for weeks after the death of employee (from independent cause) held proper under subsection 2 of this section. Henderson v. National Bearing Division (A.), 267 S.W.2d 349.

(2008) Interpretation of law decided while other cases are pending applies prospectively to all actions pending on and prospective to date on which opinion was issued. Strait v. Treasurer of Missouri, 257 S.W.3d 600 (Mo.banc).

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