By Steven A. Edelman, Attorney
By Steven Edelman
Often in a Missouri workers’ compensation case, the employer/insurer will unjustifiably stop payment of weekly temporary total disability (TTD) benefits to an injured worker. This termination of TTD benefits is sometimes in contradiction to a doctor’s off work order. When a hardship hearing is requested, the court shall set the case for trial on this issue within 30 days of such request. In practice, some judges will have a pre-trial hardship mediation/conference to discuss possible resolution of the matter prior to having a hardship trial.
Under Missouri law RSMo 287.203 states as follows:
287.203. Termination of compensation by employer, employee right to hearing — assessment of costs. — “Whenever the employer has provided compensation under section 287.170, 287.180 or 287.200, and terminates such compensation, the employer shall notify the employee of such termination and shall advise the employee of the reason for such termination. If the employee disputes the termination of such benefits, the employee may request a hearing before the division and the division shall set the matter for hearing within thirty days of such request and the division shall hear the matter on the date of hearing and no continuances or delays may be granted except upon a showing of good cause or by consent of the parties. The division shall render a decision within thirty days of the date of hearing. If the division or the commission determines that any proceedings have been brought, prosecuted, or defended without reasonable grounds, the division may assess the whole cost of the proceedings upon the party who brought, prosecuted, or defended them. See https://revisor.mo.gov/main/OneSection.aspx?section=287.203
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777
Steven Edelman, Attorney