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Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 287

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  287.800.  Law to be strictly construed. — 1.  Administrative law judges, associate administrative law judges, legal advisors, the labor and industrial relations commission, the division of workers' compensation, and any reviewing courts shall construe the provisions of this chapter strictly.

  2.  Administrative law judges, associate administrative law judges, legal advisors, the labor and industrial relations commission, and the division of workers' compensation shall weigh the evidence impartially without giving the benefit of the doubt to any party when weighing evidence and resolving factual conflicts.

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(RSMo 1939 § 3764, A.L. 1965 p. 397, A.L. 2005 S.B. 1 & 130)

Prior revision: 1929 § 3374

(1964) Where claimant's evidence showed the injury to have resulted from one or the other of two causes, for one of which, and not the other, employer and insurer were liable, claimant did not meet the burden of proof as to causal connection, and argument under § 287.800 that all doubts must be resolved in favor of employee did not extend to authorization of claim lacking some essential element required by law. Welker v. MFA Central Co-op. (A.), 380 S.W.2d  481.

(1965) Statutory injunction that the workmen's compensation law "shall be liberally construed with a view to the public welfare" neither impinges upon the function and right of the industrial commission, as trier of facts, to draw from the evidence such inferences as may be fairly and reasonably permissible, nor authorizes allowance of a claim lacking an essential element required by law. Johnson v. Simpson Oil Co. (A.), 394 S.W.2d  91.


---- end of effective   28 Aug 2005 ----

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