Temporary partial disability, amount to be paid--method of payment.
287.180. 1. For temporary partial disability,compensation shall be paid during such disability but not formore than one hundred weeks, and shall be sixty-six andtwo-thirds percent of the difference between the averageearnings prior to the accident and the amount which theemployee, in the exercise of reasonable diligence, will be ableto earn during the disability, to be determined in view of thenature and extent of the injury and the ability of the employeeto compete in an open labor market. The amount of suchcompensation shall be computed as follows:
(1) For all injuries occurring on or after September 28,1983, but before September 28, 1986, the weekly compensationshall be an amount equal to sixty-six and two-thirds percent ofthe injured employee's average weekly earnings as of the date ofinjury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to seventy percentof the state average weekly wage, as such wages are* determinedby the division of employment security, as of the July firstimmediately preceding the date of injury;
(2) For all injuries occurring on or after September 28,1986, but before August 28, 1990, the weekly compensation shallbe an amount equal to sixty-six and two-thirds percent of theinjured employee's average weekly earnings as of the date of theinjury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to seventy-fivepercent of the state average weekly wage, as such wage isdetermined by the division of employment security, as of theJuly first immediately preceding the date of injury;
(3) For all injuries occurring on or after August 28, 1990,but before August 28, 1991, the weekly compensation shall be anamount equal to sixty-six and two-thirds percent of the injuredemployee's average weekly earnings as of the date of the injury;provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to one hundredpercent of the state average weekly wage;
(4) For all injuries occurring on or after August 28, 1991,the weekly compensation shall be an amount equal to sixty-sixand two-thirds percent of the injured employee's average weeklyearnings as of the date of the injury; provided that the weeklycompensation paid under this subdivision shall not exceed anamount equal to one hundred five percent of the state averageweekly wage.
2. Temporary partial disability payments shall be made tothe claimant by check, or other negotiable instrument approvedby the director which will not result in delay in payment.
(RSMo 1939 § 3704, A.L. 1947 V. II p. 438, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1957 p. 560, A.L. 1959 S.B. 167, A.L. 1961 p. 423, A.L. 1965 p. 414, A.L. 1967 p. 384, A.L. 1969 p. 393, A.L. 1971 H.B. 25 & 364, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1990 S.B. 751)
Temporary partial disability, amount to be paid--method of payment.
287.180. 1. For temporary partial disability,compensation shall be paid during such disability but not formore than one hundred weeks, and shall be sixty-six andtwo-thirds percent of the difference between the averageearnings prior to the accident and the amount which theemployee, in the exercise of reasonable diligence, will be ableto earn during the disability, to be determined in view of thenature and extent of the injury and the ability of the employeeto compete in an open labor market. The amount of suchcompensation shall be computed as follows:
(1) For all injuries occurring on or after September 28,1983, but before September 28, 1986, the weekly compensationshall be an amount equal to sixty-six and two-thirds percent ofthe injured employee's average weekly earnings as of the date ofinjury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to seventy percentof the state average weekly wage, as such wages are* determinedby the division of employment security, as of the July firstimmediately preceding the date of injury;
(2) For all injuries occurring on or after September 28,1986, but before August 28, 1990, the weekly compensation shallbe an amount equal to sixty-six and two-thirds percent of theinjured employee's average weekly earnings as of the date of theinjury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to seventy-fivepercent of the state average weekly wage, as such wage isdetermined by the division of employment security, as of theJuly first immediately preceding the date of injury;
(3) For all injuries occurring on or after August 28, 1990,but before August 28, 1991, the weekly compensation shall be anamount equal to sixty-six and two-thirds percent of the injuredemployee's average weekly earnings as of the date of the injury;provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to one hundredpercent of the state average weekly wage;
(4) For all injuries occurring on or after August 28, 1991,the weekly compensation shall be an amount equal to sixty-sixand two-thirds percent of the injured employee's average weeklyearnings as of the date of the injury; provided that the weeklycompensation paid under this subdivision shall not exceed anamount equal to one hundred five percent of the state averageweekly wage.
2. Temporary partial disability payments shall be made tothe claimant by check, or other negotiable instrument approvedby the director which will not result in delay in payment.
(RSMo 1939 § 3704, A.L. 1947 V. II p. 438, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1957 p. 560, A.L. 1959 S.B. 167, A.L. 1961 p. 423, A.L. 1965 p. 414, A.L. 1967 p. 384, A.L. 1969 p. 393, A.L. 1971 H.B. 25 & 364, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1990 S.B. 751)
Temporary partial disability, amount to be paid--method of payment.
287.180. 1. For temporary partial disability,compensation shall be paid during such disability but not formore than one hundred weeks, and shall be sixty-six andtwo-thirds percent of the difference between the averageearnings prior to the accident and the amount which theemployee, in the exercise of reasonable diligence, will be ableto earn during the disability, to be determined in view of thenature and extent of the injury and the ability of the employeeto compete in an open labor market. The amount of suchcompensation shall be computed as follows:
(1) For all injuries occurring on or after September 28,1983, but before September 28, 1986, the weekly compensationshall be an amount equal to sixty-six and two-thirds percent ofthe injured employee's average weekly earnings as of the date ofinjury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to seventy percentof the state average weekly wage, as such wages are* determinedby the division of employment security, as of the July firstimmediately preceding the date of injury;
(2) For all injuries occurring on or after September 28,1986, but before August 28, 1990, the weekly compensation shallbe an amount equal to sixty-six and two-thirds percent of theinjured employee's average weekly earnings as of the date of theinjury; provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to seventy-fivepercent of the state average weekly wage, as such wage isdetermined by the division of employment security, as of theJuly first immediately preceding the date of injury;
(3) For all injuries occurring on or after August 28, 1990,but before August 28, 1991, the weekly compensation shall be anamount equal to sixty-six and two-thirds percent of the injuredemployee's average weekly earnings as of the date of the injury;provided that the weekly compensation paid under thissubdivision shall not exceed an amount equal to one hundredpercent of the state average weekly wage;
(4) For all injuries occurring on or after August 28, 1991,the weekly compensation shall be an amount equal to sixty-sixand two-thirds percent of the injured employee's average weeklyearnings as of the date of the injury; provided that the weeklycompensation paid under this subdivision shall not exceed anamount equal to one hundred five percent of the state averageweekly wage.
2. Temporary partial disability payments shall be made tothe claimant by check, or other negotiable instrument approvedby the director which will not result in delay in payment.
(RSMo 1939 § 3704, A.L. 1947 V. II p. 438, A.L. 1951 p. 620, A.L. 1953 p. 530, A.L. 1957 p. 560, A.L. 1959 S.B. 167, A.L. 1961 p. 423, A.L. 1965 p. 414, A.L. 1967 p. 384, A.L. 1969 p. 393, A.L. 1971 H.B. 25 & 364, A.L. 1974 S.B. 417, A.L. 1978 H.B. 1260, A.L. 1979 H.B. 496, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1983 H.B. 243 & 260, A.L. 1990 S.B. 751)
