Section 287.510

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 287

Effective - 28 Aug 2005   

  287.510.  Temporary or partial awards may be made. — In any case a temporary or partial award of compensation may be made, and the same may be modified from time to time to meet the needs of the case, and the same may be kept open until a final award can be made, and if the same be not complied with, the amount equal to the value of compensation ordered and unpaid may be doubled in the final award, if the final award shall be in accordance with the temporary or partial award.

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(RSMo 1939 § 3734, A.L. 2005 S.B. 1 & 130)

Prior revision: 1929 § 3344

(1953) Contention that temporary award could be doubled on final award only where defense is found frivolous or vexatious denied. Cebak v. John Nooter Boiler Works (A.), 258 S.W.2d 262.

(1953) The making of a temporary award was not res adjudicata, after the time for review thereof had expired, as to the adjudication of the question of medical expenses even though medical treatment began before referee's hearing and continued thereafter. Finn v. Harrison (A.), 255 S.W.2d 93.

(1953) This section vests discretion in the commission to determine whether an award should be doubled, and its determination therein is not to be disturbed unless commission acted arbitrarily or abused discretion. Powers v. Universal Atlas Cement Co. (A.), 261 S.W.2d 512.

(1975) Double penalty for failure to comply with award not a proper matter for original consideration in the court of appeals.  Todd v. Goostree (A.), 528 S.W.2d 470.