Coronavirus

Unemployment Information

Important Information

07/06/2021 UPDATE

The Missouri Department of Labor is implementing a process for eligible claimants to apply for potential waiver of the recovery of non-fraud federal pandemic program unemployment benefit overpayments, paid under the CARES Act. This is limited to FPUC, PUA, PEUC, MEUC and LWA. Non-fraud overpayments under these CARES Act programs will be eligible for potential waiver even if they have been partially or fully repaid.

Overpayments of Regular Unemployment Insurance (UI) and Extended Benefits (EB), and those resulting from claimant fraud ARE NOT ELIGIBLE FOR WAIVER OF RECOVERY.

On July 23, 2021, the Department began mailing notices to individuals who may be eligible for potential waiver of recovery. The notice includes information on the eligible overpayments and provides instructions on how to apply for the waiver of recovery. If you are notified of potential eligibility, the application must be received within 30 days from the mail date on the notice. The easiest way to complete the application is online at UInteract.labor.mo.gov. Click Overpayments->Request Overpayment Waiver.

After June 12, 2021, the benefits through federal unemployment programs (including FPUC, PUA, PEUC and MEUC) are no longer available in Missouri. The Division of Employment Security will continue to process any pending weeks claimed through the week ending June 12, 2021, under these federal programs. These weeks will continue to be processed, and benefits will be paid if found eligible. Individuals cannot continue to draw from any federal pandemic unemployment program after June 12, 2021 even if the claim still shows a balance greater than zero.

Due to extremely high call volumes, the Missouri Access card provider is experiencing longer than normal wait times to answer calls. If you need to check the balance on your MoAccess debit card, ask how to use the card, or have any other card-related questions, you can access your card account information at www.mo-access.com. If you need to check the status of your unemployment claim, please access UInteract.labor.mo.gov. UInteract can quickly give you information about the status of your claim, weekly payments, claim balance, and much more.

For Employers: If you are an employer and need more information on the services available through the Missouri Division of Employment Security (DES), please click:

Filing a Contribution & Wage Report Shared Work Program - a lay-off aversion program Filing a Mass Claim – Expedite filing multiple claims on behalf of your employees Tax representatives are available to assist employers by phone Monday – Friday from 8:00 AM – 5:00 PM by calling 573-751-1995. Click here to submit a request.

Regional Claims Center representatives are available by phone Monday – Friday from 8:00 AM – 5:00 PM by calling:

Jefferson City                          573-751-9040
Kansas City                             816-889-3101
Springfield                              417-895-6851
St. Louis                                 314-340-4950
Outside Local Calling Area        800-320-2519

UInteract (uinteract.labor.mo.gov) is an easy to use mobile-friendly online Unemployment Insurance application that is available to workers and employers 24/7. Ninety percent of claimants are able to file online, without assistance.

If you need more information on Unemployment Insurance:

Visit the Missouri Division of Employment Security website at labor.mo.gov/DES. Visit the Unemployment Video Library at labor.mo.gov/DES/videos

Visit UInteract to file for unemployment and access our video gallery at uinteract.labor.mo.gov, 24 hours a day, 7 days a week.
Email esuicallback@labor.mo.gov.

For Employees:

If this is your first time filing for unemployment, please read our Information for Workers brochure and watch this video on unemployment basics. You can also visit our video library for more information at labor.mo.gov/des/videos.

Filing - Eligibility, Waiting Week, Employer Protest, Work Searches, RESEA

If this is your first time filing for unemployment, please read our Information for Workers brochure and watch this video on unemployment basics. You can also visit our video library for more information.

Visit UInteract to file for unemployment and access our video gallery at uinteract.labor.mo.gov, 24 hours a day, 7 days a week.

Email esuicallback@labor.mo.gov.

Regional Claims Center representatives are available by phone Monday – Friday from 8:00 AM – 5:00 PM by calling:

UInteract (uinteract.labor.mo.gov) is an easy-to-use mobile-friendly online Unemployment Insurance application that is available to workers and employers 24/7. Ninety percent of claimants are able to file online, without assistance.

If you need more information on Unemployment Insurance:

· Visit the Missouri Division of Employment Security website at labor.mo.gov/DES.

· Visit the Unemployment Video Library at labor.mo.gov/DES/videos

FAQ

Question: What is the best method to reset my userid for the UInteract system so I can file a claim?
Answer: If you do not remember answers to your security questions, are unable to reset your userid, and get locked out, you can try again in 24 hours. If you are still locked out, click here for assistance. Due to the volume of inquiries, it may take a few days to respond to your request.

Question: Can I reset my own password if I’ve forgotten it?
Answer: Yes. You can click on “Forgot Password” to reset your password. If you have made too many attempts and are locked out, you can try again within 24 hours. There is no need to call the claims center staff to reset passwords.

Question: Can I file for unemployment if I am still working part-time or working for another employer but laid off of one job?
Answer: Yes. You may file for unemployment. When you file your weekly request for payment, you will be asked to report your weekly earnings before taxes and other deductions. If your earnings are not excessive, you may receive a partial unemployment benefit. Click here to calculate your partial benefit payment. Misreporting or underreporting earnings to obtain additional funds under the regular unemployment program qualifies as fraud. If an individual obtains benefits through fraud, the individual is ineligible for any additional benefit payments, must pay back the benefits received, and is subject to criminal prosecution.

Individuals wishing to receive unemployment benefits will be required to perform work search activities. If you are working part-time, each day you work and report earnings is considered one work search activity.

Question: Why is there a protest period for unemployment claims?
Answer: Unemployment insurance is paid by employers. There is no money taken out of any employee’s paycheck to pay for it and it is not paid for by your taxes. It is strictly paid for out of your employer’s unemployment account. Because of this, your last employer and all of your base period employers have the right to protest an employee’s unemployment claim. In fact, because employers pay taxes that fund the account from which unemployment benefits are paid, we have to notify employers in your base period and give them an opportunity to protest before we pay benefits out of the fund to you. This is called a protest period and will show online on your claim as a pending protest. This is a usual part of the process and is a period of about ten days. If after that time, no issues are discovered and no protests are received, you would receive back payment for any money due. However, it is important that during this time you continue to request payments weekly.

Question: How long will it take for a claims payment to be made? What is the fastest way to get paid?
Answer: Typically, you would be requesting payments for 2-3 weeks during the protest period before receiving any payments and then we back pay you for those weeks if you are eligible. Payments are made either by Direct Deposit into your personal bank account or by Missouri Access Debit Card. If you do not choose to use Direct Deposit, you will automatically receive benefits on a Missouri Access Debit Card. Typically, after we process a payment to you (as viewed online), you will see the payment in your account within a day or two depending on how long your bank holds funds. For each week that you wish to be paid, you must file a weekly request for payment online. You cannot request payment until that calendar week is over. If you wish to be paid for the waiting week, you must request payment for that week also. The waiting week only pays out when the balance of your claim would exhaust with this payment.

Question: It says I have a pending issue online. What does that mean?
Answer: If during a protest period, we receive a protest or an issue is discovered that requires investigation, your payment can be delayed until the investigation is completed. You can view your claim status online under the inquiry tab and any correspondence under the correspondence tab. If DES needs additional information during the course of our investigation, a deputy will contact you to request additional information. Once we have completed our investigation, if we find in your favor, you will receive back pay for the weeks for which you have requested payment. If we do not find in your favor, you will receive correspondence (which can also be found under the correspondence tab online) and give you the opportunity to appeal. In either case, you would want to continue to request payment for each week for which you wish to be paid.

Question: If the coronavirus (COVID-19) causes my employer to shut down operations temporarily or close, will I qualify for unemployment benefits?
Answer: Missouri unemployment benefits are available to individuals who are unemployed through no fault of their own. If an employer must shut down operations temporarily because of COVID-19 and no work is available, individuals may be eligible for unemployment benefits if they meet the eligibility criteria. Employers may be able to avoid a lay-off with a partial shut down by applying for the Missouri Shared Work program. See question below.

Question: Can an employer participate in Missouri’s Shared Work program whose business has temporarily declined due to the coronavirus (COVID-19)?
Answer: An employer can participate in a Shared Work plan if they meet the eligibility requirements for Missouri’s Shared Work program. It can be a particularly beneficial program in returning employees to work during an uncertain time as it allows employers the flexibility to scale up or scale down the workforce based on changing business needs and can help to return employees safely back to work while social distancing and providing flexible scheduling. The Shared Work Unemployment Compensation Program allows an employer to divide the available work among a specified group of affected employees instead of a layoff. These employees receive a portion of their unemployment benefits while working reduced hours.

For more information about the eligibility requirements for Missouri’s Shared Work program, please visit labor.mo.gov/shared-work, email shared.work@labor.mo.gov. or call 573-751-WORK (9675).

Question: Do I need to search for work if I am laid off due to COVID-19?
Answer: Individuals wishing to continue to receive unemployment benefits are required to perform work search activities. To be eligible for unemployment benefits you are required to complete at least three work search activities each week, unless directed otherwise by the Division.

A work search activity is an attempt made to obtain employment or to resume work. Any part-time work performed during the week also satisfies the completion of a work search activity on a per-day basis. For each week you make a Weekly Request for Payment of Unemployment Insurance benefits, you are required to complete three work search activities unless you are in approved training, have a definite recall date from an employer, or are part of a Shared Work Program.

Make sure your work search activity record is up to date in uinteract.labor.mo.gov. You may enter your work search activities during the week or when filing your Weekly Request for Payment. After logging in, select Weekly Request for Payment and then select Enter Work Search Details. Click the Save button after each work search activity is entered. Failure to complete three work search activities may result in the denial of benefits. You may update your work searches anytime throughout the week, but you will still need to file your Weekly Request for Payment after the week has ended in order to receive benefits for the week.

Examples of Acceptable Work Search Activities:

Work search activities can be completed in various ways. Some examples of valid work search activities include, but are not limited to:

Part-time employment performed during the week credited on a per-day basis. (Ex. – An individual who works on Tuesday and Thursday of the week will be credited as having completed two work search activities).

Earnings from any work performed must be reported when a Weekly Request for Payment is made.

Missouri Job Center Assisted:

· Accessing and searching for work on MoJobs.gov

· Participating in a Reemployment Services and Eligibility Assessment (RESEA) appointment

· Responding to a Missouri Job Center work referral

· Participating in a Missouri Job Center workshop

In-person:

· Submitting a paper application for employment

· Visiting employer(s) about job openings

· Attending job interview(s)

· Attending Job Fair(s)

· Following up with employer(s) about job openings

Online:

· Employer Website (Completing web-application)

· Virtual job interviews

· Creating a personal user profile on web-based networking and job posting sites (Ex. - Monster, Craig’s List, LinkedIn, Indeed)

· Creating a reemployment plan

· Creating a resume

· Participating in online training during the week credited on a per-day basis. (Ex. – An individual who attends training on Tuesday and Thursday of the week will be credited as having completed two work search activities).

Union Member with a Hiring Hall:

If you are a union member with a hiring or referral hall, contacting your hall 3 times during the week or participating in union-sponsored training is acceptable.

Missouri Job Centers are available to assist unemployed workers with these requirements by providing customized job searches through jobs.mo.gov, job fairs, Reemployment Services and Eligibility Assessment (RESEA) appointments, workshops to help develop and refine skills, and other training programs. Employers are encouraged to post job openings on MoJobs. For more information about services available through the Missouri Job Centers, visit jobs.mo.gov.

Question: If I am off of work due to the coronavirus and am receiving pay such as paid sick leave, vacation pay, or family medical leave, am I eligible to receive unemployment benefits?
Answer: No. Generally speaking, an individual still receiving pay while off of work is not “unemployed” and is ineligible for unemployment benefits.

Question: Will an employee be eligible for unemployment benefits if they are in mandatory quarantine because of suspicion of having the coronavirus?
Answer: No. An individual must be able and available for work.

Question: If an individual is ill because of the coronavirus, will they be eligible for unemployment benefits?
Answer: No. An individual must be able and available for work.

Question: When should an individual file for unemployment benefits?
Answer: Once the individual is separated from work, they should immediately file a claim for unemployment benefits.

Question: What if a claimant is required to participate in the Reemployment Services and Eligibility Assessment (RESEA) program?
Answer: If an individual is required to participate in the RESEA program, they will be given the choice of completing the RESEA in person or by phone. Claimants should contact the MO Job Center at the phone number listed on the appointment letter. If the individual is unable to participate, they may reschedule their interview appointment by contacting the job center at the phone number listed on their appointment letter.

Reasonable Assurance - Educational Employees

What is reasonable assurance?
Educational employees expecting to return to the same or similar job after a scheduled break or school year have reasonable assurance. There does not have to be a written agreement for the reasonable assurance provision to apply. More information about reasonable assurance.

When does reasonable assurance apply to me?
Reasonable assurance applies to your unemployment claim during a scheduled customary break. Customary breaks are usually during Thanksgiving, Christmas, spring, and summer.

How does reasonable assurance affect my claim?
If it is determined you have reasonable assurance, you will be ineligible to receive unemployment benefits during a scheduled customary break.

Who is an educational employee?
An educational employee is a person who works for an educational institution or educational service agency.

If you work for a private bus company or food service provider, for example, then you are not directly employed by the educational institution or educational service agency and the reasonable assurance provision does not apply to you.

What is the distinction between a “non-professional” and “professional” employee?
The reasonable assurance provision affects all school employees who work in either a non-professional or professional role. For unemployment purposes, these two roles are based on the type of work performed. Non-professional employees include cooks, cafeteria workers, bus drivers, maintenance workers, and custodial staff. Professional employees include teachers, substitute teachers, and staff who perform administrative or research work.

What happens if the reasonable assurance that I was given doesn’t turn into actual employment?
Non-professional employees can be retroactively paid for every week claimed if they are not allowed to perform services for the upcoming academic year or term.

Professional employees are not entitled to retroactive payment.

What if I worked for both a school and a non-school employer?
If you have reasonable assurance of returning to work, you may be able to receive benefits based only on your non-school wages in the base period. All other eligibility requirements have to be met.

How can I find out if I am eligible for unemployment benefits?
The only way to know if you are eligible is to file an unemployment claim. Every case presents its different circumstances. Specific facts to a case are obtained and decisions are made on a case-by-case basis.

Refusal to Work

Question: What if an employee refuses to return to work? Will they still be eligible for unemployment benefits?
Answer: Missourians who have been placed on a temporary layoff related to COVID-19 but refuse to return to work when recalled by their employer will lose regular unemployment benefits.

Employees in any of these positions are strongly encouraged to work with their employer in the best way to handle the situation to return to work including any availability for working remotely.

General fear of COVID-19 will not support continuation of regular unemployment benefits. If an employer provides the employee with suitable work, and the employee chooses not to return to work, then unemployment benefits will cease. The DES has developed a portal for employers to submit information about employees who refuse to return to work or quit their jobs. Employers may login to UInteract at uinteract.labor.mo.gov, click on “Benefits” and then on “Work Offer Refusal Detail.” Instructions can be found on a Help button on the Work Offer Refusal Detail Screen. Click here for instructions to find the detail screen and template. Employers may complete the Work Offer Refusal Detail Screen or upload a completed Excel template provided on the site. Alternatively, employers have the option to provide employee work refusal information without having to login to UInteract. Employers should report quits or work refusals as soon as possible.

Fraud

Question: What do I do if I believe that I have been a victim of identity theft? What do I do if I receive a 1099-G Form but have not drawn any unemployment?

Answer: If you believe you are a victim of identity theft or have received a 1099-G Form from DES and you have not drawn unemployment benefits during that tax year, please call 573-751-4058 and press option 5 to reach our Special Investigations Unit. They will ask you to verify your identity; this will likely require you to visit your local Missouri Job Center and present proof of identity.

Additionally, if your identity has been stolen, it is also important to report it to the U.S. Department of Justice’s National Center for Disaster.

Resource information for victims of identity theft and/or unemployment fraud can be found at www.identitytheft.gov. Click on "Unemployment Insurance Identity Theft -- What to Do Now."

Form to email to the Special Investigation Unit to special.investigations@labor.mo.gov. The Special Investigations Unit will investigate and contact you once a determination has been made.

Question: What do I do if I suspect that someone I know is fraudulently receiving unemployment benefits?

Answer: The DES appreciates all tips regarding individuals fraudulently receiving benefits. To report UI claims fraud, please email: ReportUIFraud@labor.mo.gov, or call 573-751-4058 and select option 4. Due to strict DES confidentiality laws, we cannot confirm or deny an investigation initiated by a UI Fraud submission or disclose information about an employer or claimant. For additional information, visit labor.mo.gov/DES/report_fraud and read a fraud alert from the US Department of Labor’s Office of Inspectors General.

Question: What is an example of a situation that would cause a fraud overpayment?

Answer: If the Division finds that you intentionally gave false information or withheld information and, as a result, received benefits that you should not have received, the overpayment is considered fraud. Withholding or giving false information to obtain benefits is a serious offense that can result in penalties and criminal prosecution.

Back to Work

Question: My employer has called me back to work. How do I notify DES and close my account?
Answer: You may or may not be eligible for partial unemployment. If you go back to work full-time, you don’t need to notify DES. Just simply stop requesting payments and your claim will automatically go inactive after 28 days.

Whether working full-time, part-time or temporary, remember to answer the first question on your weekly request for payment honestly and correctly. “Did you do any work during the week?” If you are working part-time, you may still be eligible for partial unemployment benefits for the week. Report the wages you earned during the week, regardless of when you are paid; if you worked at all from Sunday through Saturday, report your total earnings when filing your weekly request for payment. To do that, simply add the total number of hours worked between Sunday and Saturday and multiply that by your hourly rate of pay; report the total earnings for the week you are requesting payment. Remember total earnings is your gross pay, not the net amount you take home; it is the amount before any deductions for taxes or benefits. For example, if you worked 15 hours between Sunday and Saturday and make $10 an hour, you should report $150 (15 hours x $10) as your earnings for the week. Be sure to add tips or commission.

If you wish to estimate your weekly partial benefit amount when working part-time, you can use our partial benefit calculator. If your wages from part-time or temporary work are greater than your weekly benefit allowance and you are not receiving any weekly benefit payments, you should stop claiming. Your claim will automatically go inactive after 28 days.

Question: Will I still receive the unemployment owed to me once I return to work?
Answer: After you’ve returned to work, the DES will pay any outstanding unemployment benefit payments for weeks for which you are eligible, have requested payment and are still owed payment.

For more information about the eligibility requirements for Missouri’s Shared Work program, please visit labor.mo.gov/shared-work, email shared.work@labor.mo.gov. or call 573-751-WORK (9675).

Tax Form 1099-G

Question: What is a Form 1099-G?

Answer: Form 1099-G provides important tax information that must be reported on your federal income tax return. Your form 1099-G from the Missouri Department of Labor reports the amount of all state and/or federal unemployment benefits that you received during the previous year.

Question: What is included in my Form 1099-G from DES?

Answer: Form 1099-G includes all taxable unemployment benefits paid in 2020. This will include benefits paid from State programs as well as Federal unemployment programs. Those who have received unemployment insurance benefits on more than one program will receive only one Form 1099-G from the DES that includes the total gross compensation. Programs include regular state benefits, Pandemic Emergency Unemployment Compensation, Extended Benefits, Federal Pandemic Unemployment Compensation, Pandemic Unemployment Assistance, Lost Wages Assistance, Shared Work, Trade Adjustment Assistance, Re-employment Trade Adjustment Assistance, and Alternative Trade Adjustment Assistance. The total also includes any amount that you requested to be withheld for payment of federal income taxes and amounts that may be required to be deducted and paid on your behalf, such as child support payments. If you received benefit payments for which you were not entitled in tax year 2020, were overpaid, and those benefits were not repaid in tax year 2020 they will appear on your 1099 and are taxable.

Question: How can I get a copy of the Form 1099-G?

Answer: Tax Form 1099-G is available online for Missourians who claimed unemployment benefits in 2020. From the UInteract home screen, a claimant can select the “View and Print 1099" tab and simply select the year to view and print that year’s 1099-G tax form.

Question: What should I do with my Form 1099-G amount? Do I need to pay the amount shown?

Answer: The amount on Form 1099-G is a report of benefits you received from the Missouri Department of Labor. It is not a bill, and you should not send any type of payment in response to the form. If a professional preparer handles your taxes, you should give this form to the preparer, along with your other tax information, such as W-2 form(s). If you prepare your own taxes, you should review the federal return instructions for reporting unemployment benefits or visit the Internal Revenue Service's website at irs.gov for more information.

Question: What do I do if I believe my Form 1099-G is not correct?

Answer: Contact the Missouri Division of Employment Security at 800-320-2519. All taxable unemployment benefits paid in 2020 are included on the 1099-G including benefits paid from State programs as well as Federal unemployment programs.

Question: Can I access my Form 1099-G from prior tax years on UInteract?

Answer: Yes, you will have the ability to view forms from the last four tax years online. From the UInteract home screen, select the "View and Print 1099" tab and simply select the year to view and print that year's 1099-G tax form.

Question: Why are federal unemployment supplements included on my 1099-G?

Answer: All unemployment benefits, including any federal supplements, are taxable.

Question: What if my unemployment benefits were applied to a prior overpayment?

Answer: Unemployment benefits intercepted to offset a prior overpayment are still considered benefits paid and are reportable and taxable.

Question: What do I do if I believe that I have been a victim of identity theft? What do I do if I receive a 1099-G Form but have not drawn any unemployment?

You will be asked to do the following:

Report the identity theft to the Federal Trade Commission (FTC) at www.identitytheft.gov. Please keep the confirmation number and provide that to the DES. Fill out a MODES 4631 for the DES and email the completed form to special.investigations@labor.mo.gov. You can find the MODES 4631 form here.

The Special Investigations Unit will investigate the claim and contact you once a determination has been made.

Federal Programs

Federal Unemployment Benefit Programs

Question: When did the Federal Unemployment Programs end in Missouri?

Answer: After June 12, 2021, the benefits through federal unemployment programs (including FPUC, PUA, PEUC, and MEUC) will no longer be available in Missouri. The Division of Employment Security will continue to process any pending weeks claimed through the week ending June 12, 2021, under these federal programs. These weeks will continue to be processed, and benefits will be paid if found eligible. Individuals cannot continue to draw from any federal pandemic unemployment program after June 12, 2021 even if the claim still shows a balance greater than zero.

Question: Can I still file for one of the Federal Pandemic Unemployment Programs after June 12, 2021 in Missouri?

Answer: Individuals can no longer apply in UInteract for any of the federal pandemic unemployment programs (including FPUC, PUA, PEUC, and MEUC). Federal pandemic unemployment programs are no longer available for any weeks after June 12, 2021.

Question: What do I have to do to requalify for Regular state unemployment in the State of Missouri?

Answer: Click this link to look at eligibility requirements for Regular state unemployment: https://molabor.uservoice.com/knowledgebase/articles/282910-how-is-eligi...

Question: What if I did not receive a “Potential Eligibility for Waiver of Overpaid Federal Pandemic Program Benefits” notice?

Answer: You may view the notice by logging in to your UInteract account, then click on Correspondences → Claimant Correspondences → Benefits, and search for MODES-5148, Potential Eligibility for Waiver of Overpaid Federal Pandemic Program Benefits. If you find MODES-5148 in your correspondence, open the notice and follow the instructions to complete and application for waiver of overpayment recovery.

Only non-fraud overpaid benefits issued under a CARES Act program (PEUC, PUA, FPUC, LWA or MEUC) are potentially eligible for a waiver of recovery. Overpaid benefits are not eligible for a waiver of recovery if they were issued under a Regular state unemployment claim (UI), under the Extended Benefits (EB) program or if the overpayment was due to fraud. Notices of eligibility were not issued to claimants whose overpayments are not eligible for a waiver.

TRADE ADJUSTMENT ASSISTANCE

The TAA Program assists workers who become unemployed as result of increased imports or movement of business operations to a foreign country.

For more information about how to file a petition or to learn more about the TAA program, please visit https://www.dol.gov/agencies/eta/tradeact or https://jobs.mo.gov/trade-adjustment-assistance.

Workers' Compensation

Important Operational Information

July 7, 2021 DWC Operational Update

Visitors are encouraged to bring and wear their own masks and are required to wear masks in accordance with the effective local ordinances.

The Division continues to offer most services remotely and electronically with some in-person matters heard by appointment only. Please read the health and safety guidelines for in-person appointments below.

UPDATED: Notarized signatures for pro se claimants

When a stipulation for compromise settlement is signed by the pro se claimant after the telephone appearance before an ALJ the signature must be notarized. Electronic notary information is available on the MO Secretary of State’s website.

Division notices and emails: please read carefully as some direct attorneys to call the local office, or call a WebEx number, or contact the pro se claimant, or report the status of the case to the Division by email or letter.

Pre-hearings: It is preferred that Attorneys agree to submit one status report which will be reviewed by an ALJ who will make a minute entry and add the status report to the legal file. If an Attorney has not responded to attempts to communicate about the case then that can be expressed in the status report submitted to the Division.

Requests for settings: Attorneys must communicate with one another about the case before requesting a setting of any type before an ALJ; the setting is intended to provide assistance with unresolved issues.

Hearings: The Division will schedule hearings by teleconference, videoconference, and in-person settings with priority given to emergency hearings, PTDs, and some complex PPDs where credibility and liability are at issue. The Division may schedule other types of hearings and complex mediations as time/space allows.

A request for hearing should demonstrate that all discovery is complete and issues are ready for final resolution. Expect to participate in a pre-trial conference to discuss issues, witnesses, how the hearing will take place, and how to submit exhibits electronically in advance of the hearing through Box.com.

Filings submitted to the Division:

Attorneys - Claims for Compensation and Answers to Claims for Compensation should be submitted electronically through Box.com. Instructions for submitting electronically to Box.com.

Local Office Docketing Contact Chart

Local Office	Phone Number	Docketing Email Address
Cape Girardeau	573-290-5757	CGDocketing@labor.mo.gov
Jefferson City	573-751-4231	JCDocketing@labor.mo.gov
Joplin	417-629-3032	JoplinDocketing@labor.mo.gov
Kansas City	816-889-2481	KCDocketing@labor.mo.gov
Springfield	417-888-4100	SGFDocketing@labor.mo.gov
St. Charles	636-949-1999	STCDocketing@labor.mo.gov
St. Joseph	816-387-2275	STJoeDocketing@labor.mo.gov
St. Louis	314-340-6865	STLDocketing@labor.mo.gov

IMPORTANT MATTERS TO CONSIDER BEFORE IN-PERSON HEARINGS

The safety of the Division’s employees, visitors, parties and attorneys is paramount and therefore sufficient planning and preparation needs to occur before attending in-person hearings.

If you, your client, or a witness can answer “Yes” to any of the following questions, please request a continuance and make arrangements for a telephone/video conference meeting by contacting the docket clerk at the local adjudication office.

Do you, or a person you live with, have:

A temperature of 100.4⁰F or higher, OR
Two or more of the following: chills, new loss of taste or smell, or unexplained body aches, headache, or sore throat, OR
One or more of the following: dry, non-productive cough (new onset or worsening of chronic cough), shortness of breath, or difficulty breathing, OR
Been with someone who has been regarded as being at high risk for infection, been tested positive for the virus or are in self-quarantine, or are assessing, treating and caring for those with COVID-19 symptoms in the health care field or in a hospital.

Please remember that if you are attending an in-person hearing you need to practice social distancing and follow the guidelines posted at the Division’s facilities. These guidelines ask that you not enter the facilities if you answer “Yes” to any of the above questions.

Visitors are encouraged to bring and wear their own masks. However, we are not requiring Division’s staff or visitors to wear facemasks at this time (unless 6 feet social distancing is not attainable).

April 3 2021, NOTICE OF LIMITED USE OF FAX COMMUNICATIONS

USE OF BOX.COM

July 28, 2020, OPERATIONAL UPDATE – COVID-19 – Notice

June 22, 2020, OPERATIONAL UPDATE Notice

April 17, 2020, NOTICE OF CANCELLATIONS – COVID-19 – DOCKETING Notice

April 7, 2020, PRESUMPTION OF OCCUPATIONAL DISEASE – EMERGENCY RULE – Notice

April 2, 2020, NOTICE OF CANCELLATIONS – COVID-19 – CHANGE IN OPERATIONS

March 27, 2020, EDI Claims Announcement – COVID-19 - Notice

March 19, 2020, URGENT NOTICE – COVID-19 – CHANGE IN OPERATIONS

EDI Claims Announcement

Missouri Department of Labor and Industrial Relations Division of Workers' Compensation (MODWC) EDI Claims Announcement:

MODWC Claim Administrators and Vendors - New Nature and Cause of Injury Codes for COVID-19 Pandemic

Date: March 27, 2020
To: MODWC Claim Administrators and EDI Vendors

The WCIO has updated the Injury Description Tables that are used by the IAIABC to reflect specific coding in response to COVID-19. A new Cause of Injury Code (DN0037) - 83 for “Pandemic” and a new Nature of Injury Code (DN0035) - 83 for “COVID-19” were approved. The codes are anticipated to be used for the reporting for any claim effective December 2019 or later. The IAIABC recommends that EDI reporting and collection systems be modified to recognize these new codes by April 1, 2020. The new Injury Description Tables may be found on the WCIO website, Injury Description Table page at: wcio.org/Document%20Library/InjuryDescriptionTablePage.aspx. MODWC will be ready to accept these new codes in R1 as recommended by the IAIABC on 4-1-2020.

If you have any questions, please contact moediprogram@labor.mo.gov

Thank you,

MODWC EDI Support Team
modwcedi@iso.com

Evidence of Occupational Disease Exposure for First Responders

Title 8—DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS

Division 50—Division of Workers’ Compensation

Chapter 5—Determination of Disability

8 CSR 50-5.007 Evidence of Occupational Disease Exposure for First Responders

PURPOSE: The intent of this rule is to clarify that certain evidence related to exposure of First Responders to COVID-19 will be available for review in proceedings under Chapter 287, RSMo. This rule is also for the purpose of providing protections for First Responders in the state of Missouri related to the COVID19 public health emergency. This rule implements clarifications to the Missouri Workers’ Compensation Law effected by the Governor’s Executive Order 20-19 (originally Executive Order 20-02) and pursuant to the Governor’s emergency powers under Chapter 44, RSMo. This rule will also assist the Missouri State Department of Health and Senior Services in performing their critical duties of providing for the health and welfare of Missouri citizens.

(1) A First Responder, defined as a law enforcement officer, firefighter, or an emergency medical technician (EMT), as such occupations are defined in section 287.243, RSMo, who has contracted COVID-19 may present evidence in the form of an affirmation from their employer that the First Responder’s duties were such as to create an occupational exposure to COVID-19. In any proceeding under Chapter 287, RSMo, such affirmation may be relied upon as sufficient competent evidence in the record for a finding that the occupational disease arose out of and in the course of such employment and that such occupational exposure was the prevailing factor in causing the resulting medical condition, disability, and/or death. When such affirmation is presented, medical conditions, disability, and/or death resulting from COVID-19 shall be considered to follow as an incident of an occupational disease and shall not be considered an ordinary disease of life to which the general public is exposed outside of the employment.

(2) The authorization referred to in section (1) shall be made on the following form, the sole purpose of which is to be submitted as evidence in a proceeding under Chapter 287, RSMo. As used in this section, the term “Authorized Employer Representative” shall mean a person with supervisory authority over, and with personal knowledge of the daily work-related duties of, the named First Responder.

Affirmation of Employer—Scope of Employment of First Responder Employee

By signing this form I affirm by personal knowledge or belief that the individual named below is a First Responder as defined in section 287.243, RSMo and that such individual’s duties arising in the normal scope and course of his/her employment do require and cause in-person interactions with the public, in a manner not typically required of the general public, as to expose him/her to COVID-19 and that such individual did perform such duties during the time of a declared state of emergency.

This form shall constitute evidence that may be offered in a proceeding under Chapter 287, RSMo.

First Responder Employee (Name): ____________________________________________

Employer: _________________________________________________________________

Authorized Employer Representative (Name/Title): _________________________________

Authorized Employer Representative (Signature): __________________________________

In Witness whereof, I have hereunto subscribed my name and affixed by official seal this ______ day of ________________, 20_____.

____________________

Notary Public

My Commission Expires: ____________________

(3) Section (1) shall not apply if a subsequent medical determination establishes that the First Responder did not contract COVID-19.

(4) Notwithstanding section (1), if the weight of sufficient competent evidence demonstrates that a First Responder contracted COVID-19 resulting from exposure that was not related to the First Responder’s employment, the claim shall not be compensable. (5) The provisions of this rule shall cease to be in effect at the expiration of the state of emergency declared in Executive Order 20-19 (originally declared in Executive Order 20- 02) or any successor executive order extending the state of emergency, whichever occurs later.

AUTHORITY: section 287.650, RSMo 2016.* Emergency rule filed Jan. 15, 2021, effective Feb. 1, 2021, expired July 30, 2021. Original rule filed Jan. 22, 2021, effective July 30, 2021.

*Original authority: 287.650, RSMo 1939, amended 1949, 1961, 1980, 1993, 1995, 1998, 2012.

Presumption of Occupational Disease for First Responders

Emergency Rule

On April 7, 2020, the Department of Labor and Industrial Relations with its Division of Workers’ Compensation filed an emergency rule under the workers’ compensation statue to provide a presumption that first responders contracting COVID-19 were infected in the course of their employment. The Labor and Industrial Relations Commission voted unanimously to approve the emergency rule.

On April 8, 2020, upon receipt of the signed approval of the Commission, the Department of Labor Director, Division of Workers’ Compensation Director and Department General Counsel signed a letter conveying the emergency rule to the Secretary of State and the Joint Commission on Administrative Rules.

After ten business days from date of receipt by the Secretary of State and barring any substantive revisions, the emergency rule will be effective on April 22, 2020.

The emergency rule allows for retroactive application of the presumption for instances which occurred prior to its effective date.

8 CSR 50-5.005 Presumption of Occupational Disease for First Responders

Title 8—DEPARTMENT OF

LABOR AND INDUSTRIAL RELATIONS

Division 50—Division of Workers’ Compensation

Chapter 5—Determination of Disability

EMERGENCY RULE

8 CSR 50-5.005 Presumption of Occupational Disease for First Responders

PURPOSE: This emergency rule implements changes to the Missouri Workers’ Compensation Law effected by the Governor’s Executive Order 20-02 and Executive Order 20-04 and pursuant to the Governor’s emergency powers under Chapter 44, RSMo.

EMERGENCY STATEMENT: This emergency rule incorporates and implements changes to the Missouri Workers’ Compensation Law effected by the Governor’s Executive Order 20-02 and Executive Order 20-04 pursuant to the Governor’s emergency powers under Chapter 44, RSMo. Section 44.100, RSMo, provides that during a state of emergency, the Governor is authorized to “perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population.” Emergency enactment of this rule is necessary to preserve the compelling governmental interest of protecting the health and welfare of First Responders during a time of declared state and national emergency relating to the COVID19 pandemic.

This emergency rule creates a presumption that First Responders infected by or quarantined due to COVID-19 are deemed to have contracted a contagious or communicable occupational disease arising out of and in the course of the performance of their employment.

Emergency enactment of the rule will also assist the Missouri State Department of Health and Senior Services in performing their critical duties of providing for the health and welfare of Missouri citizens.

The scope of this emergency rule is limited to the circumstances creating the emergency and complies with the protections extended in the Missouri and United States Constitutions. The Missouri Division of Workers’ Compensation believes this emergency rule is fair to all interested persons and parties under the circumstances. This emergency rule was filed April 8, 2020, becomes effective April 22, 2020, and expires February 1, 2021.

A First Responder, defined as a law enforcement officer, firefighter or an emergency medical technician (EMT), as such occupations are defined in Section 287.243, who has contracted or is quarantined for COVID-19, is presumed to have an occupational disease arising out of and in the course of their employment. Such presumption shall include situations where the First Responder is quarantined at the direction of the employer due to suspected COVID-19 exposure, or the display of any COVID-19 symptoms, or receives a presumptive positive COVID-19 test, or receives a COVID-19 diagnosis from a physician, or receives a laboratory–confirmed COVID-19 diagnosis.

The presumption set forth in section (1) shall retroactively apply to all First Responders who otherwise meet the requirements set forth in this emergency rule.

A First Responder is not entitled to the presumption in section (1) if a subsequent medical determination establishes by clear and convincing evidence that the First Responder did not actually have COVID-19, or contracted or was quarantined for COVID-19 resulting from exposure that was not related to the First Responder’s employment.

The provisions of this emergency rule shall cease to be in effect at the expiration of the state of emergency declared in Executive Order 20-02 or any successor executive order extending the state of emergency, whichever occurs later, or upon the expiration of this emergency rule as set forth in Chapter 536.

AUTHORITY: section 287.650, RSMo 2016. Emergency rule filed April 8, 2020, effective April 22, 2020, expires Feb. 1, 2021.

PUBLIC COST: Due to the state of emergency caused by the COVID-19 pandemic and the impossibility of predicting the viral infection rates, the potential long-term health effects and the fatality rates of First Responders, the fiscal impact of this emergency rule is unknown.

PRIVATE COST: The overwhelming majority, if not all, of the First Responders covered by this emergency rule are employees of state or local governments. Due to the state of emergency caused by the COVID-19 pandemic and the impossibility of predicting the viral infection rates, the potential long-term health effects and the fatality rates of First Responders, the fiscal impact of this emergency rule is unknown.

Notice of Operations – COVID-19

Notice of operations – COVID-19
In the interest of your health and safety, and that of employees at the Division of Workers’ Compensation, please click here for updated information concerning meetings and dockets.

July 7, 2021 DWC Operational Update

April 3 2021, NOTICE OF LIMITED USE OF FAX COMMUNICATIONS

USE OF BOX.COM

April 2, 2020, NOTICE OF CANCELLATIONS – COVID-19 – CHANGE IN OPERATIONS

April 17, 2020, NOTICE OF CANCELLATIONS – COVID-19 – DOCKETING Notice

March 19, 2020, URGENT NOTICE – COVID-19 – CHANGE IN OPERATIONS

Docketing Email information

Filings submitted to the Division:
Attorneys - Claims for Compensation and Answers to Claims for Compensation should be submitted electronically through Box.com. Box.com Instructions are available.

Local office docketing email chart:

Local Office	Phone	Docketing Email Address
Cape Girardeau	573-290-5757	CGDocketing@labor.mo.gov
Jefferson City	573-751-4231	JCDocketing@labor.mo.gov
Joplin	417-629-3032	JoplinDocketing@labor.mo.gov
Kansas City	816-889-2481	KCDocketing@labor.mo.gov
Springfield	417-888-4100	SGFDocketing@labor.mo.gov
St. Charles	636-949-1999	STCDocketing@labor.mo.gov
St. Joseph	816-387-2275	STJoeDocketing@labor.mo.gov
St. Louis	314-340-6865	STLDocketing@labor.mo.gov

Discrimination

Mask Requirements and Disabilities

The COVID-19 pandemic puts people with chronic health conditions, some people with disabilities, and people over age 60 at a higher risk of becoming seriously ill if they are infected. Social distancing, staying at home, and wearing face masks or cloth face coverings in public are safety measures to reduce the likelihood of becoming infected and to slow the spread of the disease. Some state and local governments have mandated the use of a face mask when in public spaces.

This guidance offers information about issues with wearing face masks for state and local governments, private businesses, and people with disabilities that prevent them from being able to wear masks and contains links to more detailed information.*

To be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA) and the Missouri Human Rights Act (MHRA) concerning mask requirements in places of public accommodation, individuals must have a disability that prevents them from being able to wear a face mask in places of public accommodation. A disability is an impairment that substantially limits one or more of a person’s major life activities.

Government agencies and private businesses must make reasonable accommodations to allow people with disabilities access to the goods and services they offer.

Private Business Accommodations

Individuals with mask-related disabilities have the right to ask for reasonable accommodations from businesses. If an individual with a mask-related disability is refused a reasonable accommodation by a business, then the individual may file a complaint with the Missouri Commission on Human Rights. Example potential reasonable accommodations may include allowing:

EEOC Resources
All EEOC Resources on COVID-19: eeoc.gov/coronavirus
COVID-19 Ask the EEOC Webinar:
Video: youtube.com/watch?v=X50G7l41NKg
Transcript: eeoc.gov/transcript-march-27-2020-outreach-webinar

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws: eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

Pandemic Preparedness in the Workplace and the Americans with Disabilities Act: eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-disabilities-act

Additional Resources

Filing Complaints

Missouri Commission on Human Rights at 573-751-3325 or mchr@labor.mo.gov.

*Note: The information provided does not constitute legal advice and should not be relied upon in any individual case. Please consult an attorney for legal advice and/or representation.

Masks that cover the wearer’s mouth with a clear plastic panel, such as the ClearMask, may eliminate this barrier while maintaining compliance with both face-covering guidelines and anti-discrimination requirements.
Agencies and businesses may wish to consider having a clear-panel mask on hand to more fully serve the members of their communities.

Clear-Panel Masks

For individuals who are Deaf or Hard of Hearing, wearing a mask is not an issue based on their hearing, but they may be unable to read the lips of others who wear cloth or disposable face masks. Allowing loose scarves or full face shields (in cities/jurisdictions that allow scarves to be worn instead of masks)

Calling or texting
Mailing or emailing
Using WebEx, Zoom, or other video conferencing technology.

Example potential reasonable accommodations may include:

Government Agency Services Accommodations

Individuals with mask-related disabilities have the right to ask for reasonable accommodations in the provision of government services. If an individual with a mask-related disability is refused a reasonable accommodation in receiving government services, then the individual may file a complaint with the Missouri Commission on Human Rights. Loose scarves or full face shields (in cities/jurisdictions that allow scarves to be worn instead of masks) Outside service Curbside pickup No-contact delivery Online ordering Employee communicating via phone while shopping

Calling or texting for an appointment time when the business is less crowded.

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