287.530. Commission or division may commute compensation, when and how.

347 words·~2 min read·/mo/chapter-287/287-530

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287.530. Commission or division may commute compensation, when and how. — 1. The compensation provided in this chapter may be commuted by the division or the commission and redeemed by the payment in whole or in part, by the employer, of a lump sum which shall be fixed by the division or the commission, which sum shall be equal to the commutable value of the future installments which may be due under this chapter, taking account of life contingencies, the payment to be commuted at its present value upon application of either party, with due notice to the other, if it appears that the commutation will be for the best interests of the employee or the dependents of the deceased employee, or that it will avoid undue expense or undue hardship to either party, or that the employee or dependent has removed or is about to remove from the United States or that the employer has sold or otherwise disposed of the greater part of his business or assets.

2. In determining whether the commutation asked for will be for the best interest of the employee or the dependents of the deceased employee, or so that it will avoid undue expense or undue hardship to either party, the division or the commission will constantly bear in mind that it is the intention of this chapter that the compensation payments are in lieu of wages and are to be received by the injured employee or his dependents in the same manner in which wages are ordinarily paid. Therefore, commutation is a departure from the normal method of payment and is to be allowed only when it clearly appears that some unusual circumstances warrant such a departure.

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(RSMo 1939 § 3736, A.L. 1965 p. 397, A.L. 1998 H.B. 1237, et al.)

Prior revision: 1929 § 3346

(1971)Industrial Commission was without authority to delegate duty of determining amount of lump sum settlement and expressing it in terms of a money award as this was judicial function of the commission. American Oil Co. v. Pierce (A.), 472 S.W.2d 458.