Additional administrative law judges, appointment and qualification, limit on number
Missouri's workers' compensation division can hire up to 40 judges (called administrative law judges) to handle workers' comp cases. These judges must be licensed lawyers, work full-time as judges, and cannot also work as regular lawyers. Every two years, a review committee checks how well each judge is doing and gives them a confidence or no confidence rating. Judges go through a retention vote every 12 years, and a judge who gets too many no confidence ratings can lose their job.
287.610. Additional s, appointment and qualification, limit on number — annual evaluations — committee, — , powers — continuing training required — s required — s. — 1. After August 28, 2005, the may appoint additional administrative law judges for a maximum of forty administrative law judges. shall be based upon necessity, measured by the requirements and needs of each division office. Administrative law judges shall be lawyers under the laws of this state. Administrative law judges shall not practice law or do and shall devote their whole time to the duties of their office. The of the shall publish and maintain on the division's website the appointment dates or initial dates of for all administrative law judges.
2. The thirteen administrative law judges with the most years of service shall be subject to a retention vote on August 28, 2008. The next thirteen administrative law judges with the most years of service in descending shall be subject to a retention vote on August 28, 2012. Administrative law judges appointed and not previously referenced in this shall be subject to a retention vote on August 28, 2016. Subsequent retention votes shall be held every twelve years. Any administrative law judge who has received two or more votes of no confidence under performance audits by the committee shall not receive a vote of retention.
3. The administrative law judge review committee members shall not have any direct or indirect or financial connection with a company, adjustment company, nor be a practicing attorney. All members of the committee shall have a working knowledge of workers' compensation.
4. The committee shall within thirty days of completing each performance audit make a recommendation of confidence or no confidence for each administrative law judge.
5. The administrative law judges appointed by the division shall only have jurisdiction to hear and determine claims upon and shall have no jurisdiction upon any , either in the way of an from an original hearing or by way of reopening any prior , except to correct a in an award or settlement if the correction is made by the administrative law judge within twenty days of the original award or settlement. The may any decision of an administrative law judge for a more complete finding of facts. The may also correct a clerical error in awards or settlements within thirty days of its . With respect to original hearings, the administrative law judges shall have such jurisdiction and powers as are in the division of workers' compensation under other sections of this chapter, and wherever in this chapter the word "commission", "commissioners" or "division" is used in respect to any original hearing, those terms shall mean the administrative law judges appointed under this section. When a is necessary upon any , the division shall an administrative law judge to such hearing. Any administrative law judge shall have power to approve contracts of settlement, as provided by section 287.390, between the parties to any claim or dispute under this chapter pending before the division of workers' compensation. Any award by an administrative law judge upon an original hearing shall have the same force and effect, shall be in the same manner as provided elsewhere in this chapter for awards by the labor and industrial relations commission, and shall be subject to review as provided by section 287.480.
6. Any of the administrative law judges employed this section may be on a temporary basis to the branch offices as necessary in order to ensure the proper of this chapter.
7. All administrative law judges shall be required to participate in, on a continuing basis, specific training that shall pertain to those elements of knowledge and procedure necessary for the efficient and competent performance of the administrative law judges' required duties and responsibilities. Such training requirements shall be established by the division subject to appropriations and shall include training in medical determinations and records, and legal issues pertaining to workers' compensation . Such training may be credited toward any requirements.
8. (1) The administrative law judge review committee shall conduct a performance audit of all administrative law judges every two years. The results, stating the committee's recommendation of confidence or no confidence of each administrative law judge shall be sent to the governor no later than the first week of each legislative session immediately following such audit. Any administrative law judge who has received three or more votes of no confidence under two successive performance audits by the committee may have their appointment immediately withdrawn.
(2) The review committee shall consist of one member appointed by the of the senate, one member appointed by the minority leader of the senate, one member appointed by the speaker of the house of representatives, and one member appointed by the minority leader of the house of representatives. The governor shall appoint to the committee one member selected from the commission on retirement, removal, and discipline of judges. This member shall act as a member and shall not have a vote in the committee. The committee shall annually elect a chairperson from its members for a term of one year. The term of service for all members shall be two years. The review committee members shall all serve without compensation. Necessary expenses for review committee members and all necessary support services to the review committee shall be provided by the division.
9. No rule or portion of a rule pursuant to the of this section shall become effective unless it has been promulgated pursuant to the of .
(RSMo 1939 § 3747, A.L. 1945 p. 1996, A.L. 1951 p. 611, A.L. 1955 p. 599, A.L. 1957 p. 530, A.L. 1959 S.B. 209, H.B. 93, A.L. 1961 p. 428, A.L. 1977 S.B. 400, A.L. 1980 H.B. 1396, A.L. 1987 H.B. 564, A.L. 1992 H.B. 975, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2001 S.B. 267, A.L. 2005 S.B. 1 & 130, A.L. 2013 S.B. 1)
Prior revision: 1929 § 3357
Effective 1-01-14
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