Missouri's Section 287.865.5 Proof of Claim Filing Requirement: Are Injured Employees Getting a Fair Shake

This Article argues that Section 287.865.5's bankruptcy proof of claim filing requirement is bad law because it runs counter to the purposes of Missouri's workers' compensation system. It also reveals significant gaps found at the confluence of workers' compensation law and bankruptcy law and exacerbates cracks in the systems. The cracks in turn become traps for the unwary injured worker. Because of these problems, the Section 287.865.5 proof of claim filing requirement should be amended so that it operates more in harmony with federal bankruptcy law.

This Article proposes several amendments to the statutory provisions pertaining to the proof of claim filing requirement and the guaranty fund for insolvent self-insured employers in Missouri. If implemented, the proposed amendments would foster a more effective nexus between Missouri workers' compensation law and federal bankruptcy law, heighten protections of the injured worker, and conserve more of the state's limited resources.