Commission may review and change award
The workers' compensation commission can look at a previous payment award again and change it — making it end sooner, go down, or go up — if something has changed with the injured person's condition. Either the commission can do this on its own, or someone involved can ask for it. Any money already paid out stays paid and cannot be taken back.
287.470. may and change . — Upon its own or upon the of any on the ground of a change in condition, the commission may at any time upon a after due notice to the parties interested review any award and on such review may make an award ending, diminishing or increasing the previously awarded, subject to the maximum or minimum provided in this chapter, and shall immediately send to the parties and the employer's a copy of the award. No such review shall affect such award as regards any moneys paid.
(RSMo 1939 § 3730)
Prior revision: 1929 § 3340
(1951) In to obtain award on ground of change in condition, injured employee must show his condition has grown worse, not that it was always worse than commission found it to be. Brammer v. Binkley Mining Co. (A.), 244 S.W.2d 584.
(1963) Commission's finding that , previously found to be totally and permanently , who had become satisfactory full time employee of state hospital, had undergone substantial change in condition was supported by . Vandaveer v. Reinhart & Donovan Construction Co. (A.), 370 S.W.2d 156.
(1981) The does not have to reopen a award after payment period has ended. Yokel v. Beta Corp. (A.), 615 S.W.2d 78.
(1985) The term "at any time" as it appears in this section means before payment of the award or before the expiration of the time during which the award is to be paid, whichever is later. Holman v. Normandy Osteopathic Hospital (A.), 691 S.W.2d 360.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.