Missouri Workers Compensation Law Procedural Information Announced By Division

Information Bulletin

FREE CONSULTATION JEFF SWANEY (314) 310-8373

The Division’s website has forms to enable attorneys to accomplish the actions listed below. In order to minimize errors and miscommunication, and to aid Division staff in quickly and accurately tracking case files, please follow these simple procedures.

1. ENTRY OF APPEARANCE. If you file a claim for compensation or an answer to a claim for compensation, the Division will automatically link you to that case and list you thereafter as the attorney of record. Please file an entry of appearance unless you filed a Claim for Compensation or an Answer to Claim for Compensation. This allows the Division to accurately add you to the list of persons to receive notice. We encourage you to use the Division’s Entry of Appearance form, http://www.dolir.mo.gov/wc/forms/wc-235-ai.pdf

2. CHANGE OF ADDRESS. Please notify the Division in writing if you change your address. You may submit the written request to the Division’s Jefferson City office or to any of the http://www.dolir.mo.gov/wc/local_office_directory.htm

3. WITHDRAWAL. Missouri Supreme Court Rule, Rule 4-1.16 governs attorney withdrawals. We encourage you to use the Division’s Motion to Withdraw form http://www.dolir.mo.gov/wc/forms/wc-236-ai.pdf, when submitting a request for leave to withdraw. If you prefer to send a written request to an ALJ in lieu of the Division-approved form, please include the following information in the written request:

   • whether a hearing is required on your request to withdraw;

   • whether the underlying case has been set on the docket and the date of the next docket setting;

   • copy of the request has been mailed to all parties of record;

   • client consents, or other reason was given for the attorney’s withdrawal.

4. SUBSTITUTION OF COUNSEL. You may use the Division’s Substitution of Counsel form if you are withdrawing and there is a substitution of a new attorney in the case. If you elect to use the substitution of counsel form, there is no need to submit a separate motion or request to withdraw. Please attach a list of all cases affected by the substitution of counsel if more than one case is involved.

5. CHANGE OF LAW FIRM. If you leave one firm to join another firm please notify the Division in writing of any cases you are taking to your new firm. If you are taking cases with you to the new firm, please file a Substitution of Counsel Form WC-237 at http://www.dolir.mo.gov/wc/forms/wc-237-ai.pdf to reflect the event. If you are not taking cases with you, but leaving the cases at your former firm, the new attorney and the former firm should file a Substitution of Counsel Form WC-237 to reflect the event. Press CTRL + LEFT CLICK to follow the links.

The Division of Workers’ Compensation is offering a new option for electronic docket notices. If you want to opt out of receiving the email stating “no notices were sent”, please email the address below stating such and the Division will discontinue these emails to you. This means you will only receive your docket notices. If you prefer to continue receiving these emails no action is needed.

Also, effective May 1, 2009, the Branson docket and the associated counties of Stone, Taney, Douglas and Ozark will officially transfer from the Joplin Office to the Springfield Office. The Rolla docket and the associated counties of Phelps, Dent, and Crawford will transfer from the Springfield Office to the Jefferson City Office. The Union/Washington docket and the associated county of Franklin will transfer from the Jefferson City office to the St. Charles Office. Starting in June the Division’s ALJ’s will begin traveling to our outlying dockets for all of our settings -including prehearing, conferences and mediations.

In addition, the Joplin office has recently added a new docket venue in Monett consisting of cases from Barry and Lawrence Counties. First dockets are set for June 2 & 3 with June 4th held in reserve for additional mediations and will be held at the Justice Center, 1901 E. Cleveland Street, Monett Mo. Also, the Joplin docket will consist of JasperCounty but will include all Joplin zip codes, some of which include part of Newton County. Cases from Saginaw, in Newton County, will also be set in Joplin. The Nevada docket will now be held in Lamar at the Thiebaud Auditorium, 105 E. 11th Street and will consist of cases from Barton, Cedar, Dade and Vernon Counties. The Neosho docket consists of McDonald County and Newton County cases, except for those areas in Newton County set out above and will be held at Crowder College, 601 Laclede Street, Neosho Mo. For a complete list of all statewide docket, addresses see the list below.

Thank you for your attention to these matters and for your continued professionalism when working with the Division.

If you have any questions please call the Division’s toll-free number at 1- 800-775-2667

Jamie HaglerChief of OperationsMissouri Division of Workers’ Compensation