On June 2, 2026, the Missouri Supreme Court issued a decision addressing how payments from the Missouri Tort Victims' Compensation Fund are allocated when there are insufficient funds to fully pay all approved claims. The Court upheld a lower court ruling in favor of the state and clarified several important issues regarding the Fund.
The lawsuit was brought by groups of claimants who argued that the Division of Workers' Compensation incorrectly calculated reduced, or "prorated," payments for awards issued through the Fund. The claimants sought additional compensation and asked the courts to stop future payments until they were paid under a different calculation method.
The Missouri Supreme Court ruled that claimants cannot sue the state for additional payments from the Fund when there are insufficient appropriated funds available. The Court pointed to Missouri law, which states that unpaid amounts resulting from a lack of appropriated funding do not create a claim against the state. The Court also found that claimants must first complete the Fund's administrative review process before seeking relief in court.
While this decision does not create additional funding for victims waiting on compensation, it provides important clarity about how disputes involving the Tort Victims' Compensation Fund must be handled moving forward. Individuals seeking payment from the Fund should be aware that administrative review through the Missouri Labor and Industrial Relations Commission is generally required before pursuing any judicial challenge.
Note: There may be other attempts to pause payments. It may be best to speak to a Missouri workers' compensation lawyer for advice.
