537.684. Filing of a claim, determining compensation, procedure--payment of claims.
Filing of a claim, determining compensation, procedure--payment ofclaims.
537.684. 1. A claim for compensation may be filed by a personeligible for compensation or, if the person is an incapacitated or disabledperson, or a minor, by the person's spouse, parent, conservator orguardian.
2. A claim shall be filed not later than two years after the judgmentupon which it is based becomes final and all appeals are final, except withregard to the initial claims period. If there is no judgment, claims mustbe filed within time limits prescribed pursuant to section 516.120, RSMo,except for cases resulting in death, in which case claims must be filedwithin time limits prescribed pursuant to section 537.100, except withregard to the initial claims period. With regard to the initial claimsperiod, any claim may be filed that is based upon a judgment that is notexpired or that is based upon a claim not reduced to judgment for a reasonallowed by subsection 2 of section 537.678, and which would not be barredby the applicable statute of limitations if the tort-feasor could be servedwith process or had not taken bankruptcy.
3. Each claim shall be filed in person or by mail. The divisionshall investigate such claim prior to the opening of formal proceedings.The director of the division shall assign an administrative law judge,associate administrative law judge or legal advisor within the division tohear any claim for compensation filed. The claimant shall be notified ofthe date and time of any hearing on the claim. In determining the amountof compensation for which a claimant is eligible, the division shall:
(1) Consider the facts stated on the application filed pursuant tosection 537.678;
(2) Obtain a copy of the final judgment, if any, from the appropriatecourt;
(3) Determine the amount of the loss to the claimant, or the victim'ssurvivors or dependents; and
(4) If there is no final judgment, determine the degree or extent towhich the victim's acts or conduct provoked, incited or contributed to theinjuries or death of the victim.
4. The claimant may present evidence and testimony on his or her ownbehalf or may retain counsel.
5. Prior to any hearing, the person filing a claim shall submitreports, if available, from all hospitals, physicians or surgeons whotreated or examined the victim for the injury for which compensation issought. If, in the opinion of the division, an examination of the injuredvictim or a report on the cause of death of the victim would be of materialaid, the division may appoint a duly qualified, impartial physician to makean examination and report. A finding of the judge or jury in theunderlying case shall be considered as evidence.
6. Each and every payment shall be exempt from attachment,garnishment or any other remedy available to creditors for the collectionof a debt, provided however, this section shall not in any way affect theright of any attorney who represents or represented any claimant to collectany fee or expenses to which he or she is entitled.
7. Payments of compensation shall not be made directly to any personlegally incompetent to receive them but shall be made to the parent,guardian or conservator for the benefit of such minor, disabled orincapacitated person.
8. Payment of all claims from the fund shall be made on the followingbasis, to wit:
(1) With regard to all claims that are made during the initial claimsperiod, the division shall determine the aggregated amount of all awardsmade on these claims. Such determination shall be made on or before June30, 2003. If the aggregate value of the awards does not exceed the totalamount of money in the fund, then the awards shall be paid in full on orbefore September 30, 2003. If the aggregate value of the awards doesexceed the total amount of money in the fund, then the awards shall be paidon a pro rata basis on or before September 30, 2003;
(2) With regard to all claims that are made after the initial claimsperiod, the division shall determine the aggregate amount of all awardsmade on those claims filed during an annual claims period. Suchdetermination shall be made on or before the thirtieth day of June in thenext succeeding year. If the aggregate value of the awards does not exceedthe total amount of money in the fund, then the awards shall be paid infull on or before the thirtieth day of September in the next succeedingyear. If the aggregate value of the awards does exceed the total amount ofmoney in the fund, then the awards shall be paid on a pro rata basis on orbefore the thirtieth day of September in the next succeeding year.
9. If there are no funds available, then no claim shall be paid untilfunds have accumulated in the tort victims' compensation fund and have beenappropriated to the division for payment to uncompensated tort victims.When sufficient funds become available for payment of claims ofuncompensated tort victims, awards that have been determined but have notbeen paid shall be paid in chronological order with the oldest paid first,based upon the date on which the application was filed with the division.Any award pursuant to this subsection that cannot be paid due to a lack offunds appropriated for payment of claims of uncompensated tort victimsshall not constitute a claim against the state.
10. In the event there are no funds available for payment of claims,then the division may suspend all action related to valuing claims andgranting awards until such time as funds in excess of one hundred thousanddollars have accumulated in the tort victims' compensation fund, at whichtime the division shall resume its claim processing duties.
(L. 2001 H.B. 107)