287.650. Division to make rules and regulations--power to destroy reports, when--rules.
Division to make rules and regulations--power to destroy reports,when--rules.
287.650. 1. The division of workers' compensation shall have suchpowers as may be necessary to carry out all the provisions of this chapter,and it may make such rules and regulations as may be necessary for any suchpurpose, subject to the approval of the labor and industrial relationscommission of Missouri. The division shall have power to strike pleadingsand enter awards against any party or parties who fail or refuse to complywith its lawful orders.
2. (1) The division shall have the power upon the expiration of fiveyears after their receipt to destroy reports of injuries on which nocompensation (exclusive of medical costs) was due or paid, together withthe papers attendant to the filing of such reports, and also to destroyrecords in compensable cases after the expiration of ten years from thedate of the termination of compensation.
(2) Records in cases that are submitted for hearing in the divisionshall include all documentary exhibits admitted as evidence at the hearing.Records in all other cases shall include all documents required to be filedwith the division by this chapter or by rule of the division, medicalreports or records which are relied upon by the administrative law judge orlegal advisor in approving the compromise lump sum settlement, and copiesof the compromise lump sum settlement. These records shall be kept andstored by the division for a minimum of ten years and shall include theoriginals or duplicate originals stored by electronic or other meansapproved by the division.
3. No rule or portion of a rule promulgated under the authority ofthis section shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
(RSMo 1939 § 3751, A.L. 1949 p. 627, A.L. 1961 p. 430, A.L. 1980 H.B. 1396, A.L. 1993 S.B. 251, A.L. 1995 S.B. 3, A.L. 1998 H.B. 1237, et al.)Prior revision: 1929 § 3361
CROSS REFERENCE:
Rules to be filed with secretary of state, when effective, Chap. 536, RSMo
(1978) Held that a referee (now administrative law judge) may dismiss a workmen's compensation claim for want of prosecution. Cade v. Bendix Corporation (A.), 564 S.W.2d 608.