Ark. Code Ann. § 11-7-205 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-205
Office, staff, and compensation
Status: in_force

(a) The State Mine Inspector shall have an office, which may be located in Fort Smith, and shall safely keep all records, papers, documents, and other property pertaining to or coming into his or her hands by virtue of his or her office and deliver them to his or her successor. (b) (1) The mine inspector shall be allowed the salary, expenses, and office and clerical assistance as provided by law. (2) (A) Salaries and expenses shall be paid out of the General Revenue Fund Account of the State Apportionment Fund upon vouchers issued by the mine inspector, pursuant to appropriations duly made. (B) The Auditor of State shall issue the warrants on the voucher, and the Treasurer of State shall pay the same. (c) The mine inspector, in addition to his or her salary and other expenses, shall be allowed one (1) stenographer, who shall act as clerk for the mine inspector and who shall receive a salary to be paid out of the State Treasury, as other salaries are paid. (d) (1) He or she shall also be allowed for office expenses, in keeping and maintaining his or her office, a sum not to exceed the sum of four hundred fifty dollars ($450) per annum, to be paid out of the State Treasury, as other expenses of his or her office are paid. (2) He or she shall also be allowed all necessary postage, stationery, and other expenses of a similar character necessary for the transaction of the business of the office. (e) In addition to his or her salary and other expenses provided for in this section, he or she shall be allowed necessary traveling expenses while in the performance of the duties of the office, which shall not exceed the sum of one thousand two hundred dollars ($1,200) per annum. (f) The salary and expenses shall be paid as in the case of other state officers. Acts 1917, No. 130, §§ 1, 3, p. 683; C. & M. Dig., §§ 7249, 7251; Acts 1923, No. 120, §§ 1, 2; 1937, No. 233, § 1; Pope's Dig., §§ 9305, 9307; Acts 1943, No. 413, § 2; 1983, No. 532, § 1; A.S.A. 1947, §§ 52-401, 52-403, 52-404; Acts 2003, No. 461, § 1.

(a) The State Mine Inspector shall have an office, which may be located in Fort Smith, and shall safely keep all records, papers, documents, and other property pertaining to or coming into his or her hands by virtue of his or her office and deliver them to his or her successor.

(b) (1) The mine inspector shall be allowed the salary, expenses, and office and clerical assistance as provided by law. (2) (A) Salaries and expenses shall be paid out of the General Revenue Fund Account of the State Apportionment Fund upon vouchers issued by the mine inspector, pursuant to appropriations duly made. (B) The Auditor of State shall issue the warrants on the voucher, and the Treasurer of State shall pay the same.

(1) The mine inspector shall be allowed the salary, expenses, and office and clerical assistance as provided by law.

(2) (A) Salaries and expenses shall be paid out of the General Revenue Fund Account of the State Apportionment Fund upon vouchers issued by the mine inspector, pursuant to appropriations duly made. (B) The Auditor of State shall issue the warrants on the voucher, and the Treasurer of State shall pay the same.

(A) Salaries and expenses shall be paid out of the General Revenue Fund Account of the State Apportionment Fund upon vouchers issued by the mine inspector, pursuant to appropriations duly made.

(B) The Auditor of State shall issue the warrants on the voucher, and the Treasurer of State shall pay the same.

(c) The mine inspector, in addition to his or her salary and other expenses, shall be allowed one (1) stenographer, who shall act as clerk for the mine inspector and who shall receive a salary to be paid out of the State Treasury, as other salaries are paid.

(d) (1) He or she shall also be allowed for office expenses, in keeping and maintaining his or her office, a sum not to exceed the sum of four hundred fifty dollars ($450) per annum, to be paid out of the State Treasury, as other expenses of his or her office are paid. (2) He or she shall also be allowed all necessary postage, stationery, and other expenses of a similar character necessary for the transaction of the business of the office.

(1) He or she shall also be allowed for office expenses, in keeping and maintaining his or her office, a sum not to exceed the sum of four hundred fifty dollars ($450) per annum, to be paid out of the State Treasury, as other expenses of his or her office are paid.

(2) He or she shall also be allowed all necessary postage, stationery, and other expenses of a similar character necessary for the transaction of the business of the office.

(e) In addition to his or her salary and other expenses provided for in this section, he or she shall be allowed necessary traveling expenses while in the performance of the duties of the office, which shall not exceed the sum of one thousand two hundred dollars ($1,200) per annum.

(f) The salary and expenses shall be paid as in the case of other state officers.

Acts 1917, No. 130, §§ 1, 3, p. 683; C. & M. Dig., §§ 7249, 7251; Acts 1923, No. 120, §§ 1, 2; 1937, No. 233, § 1; Pope's Dig., §§ 9305, 9307; Acts 1943, No. 413, § 2; 1983, No. 532, § 1; A.S.A. 1947, §§ 52-401, 52-403, 52-404; Acts 2003, No. 461, § 1.
Ark. Code Ann. § 11-9-527 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-527
Compensation for death
Status: in_force

(a) Funeral Expenses. If death results from an injury occurring on or after July 1, 1993, the employer shall pay the actual funeral expenses, not exceeding the sum of six thousand dollars ($6,000). (b) Time of Death. If death does not result within one (1) year from the date of the accident or within the first three (3) years of the period for compensation payments fixed by the compensation order, a rebuttable presumption shall arise that the death did not result from the injury. (c) Beneficiaries - Amounts. Subject to the limitations as set out in §§ 11-9-501 - 11-9-506 , compensation for the death of an employee shall be paid to those persons who were wholly and actually dependent upon the deceased employee in the following percentage of the average weekly wage of the employee and in the following order of preference: (1) (A) (i) To the widow if there is no child, thirty-five percent (35%), and the compensation shall be paid until her death or remarriage. (ii) However, the widow shall establish, in fact, some dependency upon the deceased employee before she will be entitled to benefits as provided in this section; (B) (i) To the widower if there is no child, thirty-five percent (35%), and the compensation shall be paid until his death or remarriage. (ii) However, the widower shall establish, in fact, some dependency upon the deceased employee before he will be entitled to benefits as provided in this section; (2) To the widow or widower if there is a child, the compensation payable under subdivision (c)(1) of this section and fifteen percent (15%) on account of each child; (3) (A) To one (1) child if there is no widow or widower, fifty percent (50%). (B) If more than one (1) child, and there is no widow or widower, fifteen percent (15%) for each child, and in addition thereto, thirty-five percent (35%) to the children as a class, to be divided equally among them; (4) To the parents, twenty-five percent (25%) each; (5) To brothers, sisters, grandchildren, and grandparents, fifteen percent (15%) each. (d) Terminations of Dependence. (1) In the event the widow remarries before full and complete payment to her of the benefits provided in subsection (c) of this section, there shall be paid to her a lump sum equal to compensation for one hundred four (104) weeks, subject to the limitation set out in §§ 11-9-501 - 11-9-506 . (2) A physically or mentally incapacitated child, grandchild, brother, or sister shall be entitled to compensation as a dependent of the deceased employee without regard to age or marital status, but if physically or mentally capacitated to earn a livelihood, dependency shall terminate with the attainment of eighteen (18) years of age or upon marriage. However, benefits to an otherwise eligible child shall not terminate at the age of eighteen (18) years provided the child is a full-time student who has not attained the age of twenty-five (25) years. (e) Apportionment of Benefits. Where, because of the limitation in subsection (c) of this section, a person or class of persons cannot receive the percentage of compensation specified as payable to or on account of the person or class, there shall be available to the person or class that proportion of the percentage which, when added to the total percentage payable to all persons having priority or preference, will not exceed a total of sixty-five percent (65%), which proportion shall be paid: (1) To that person; or (2) To that class in equal shares unless the Workers' Compensation Commission determines otherwise in accordance with the provisions of subsection (f) of this section. (f) Determination of Beneficiaries Within Class. If the commission determines that payments in accordance with subdivision (e)(2) of this section would provide no substantial benefit to any person of the class, it may provide for the payment of the compensation to the persons within the class whom it considers will be most benefited by the payment. (g) Cessation of Compensation to Part. Upon the cessation of compensation under this section to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compensation is payable shall be that which the persons would have received if they had been the only persons entitled to compensation at the time of the decedent's death. (h) Determination of Dependency. All questions of dependency shall be determined as of the time of the injury. (i) Partial Dependency. (1) If the employee leaves dependents who are only partially dependent upon his or her earnings for support at the time of injury, the compensation payable for partial dependency shall be in the proportion that the partial dependency bears to total dependency. (2) In any claim for partial dependency where the average weekly contributions for support were not such as to entitle all dependents to compensation in the aggregate sum of seven dollars ($7.00) per week, the dependents shall receive compensation for a period not to exceed four hundred fifty (450) weeks in an amount not to exceed the amount of average weekly contributions of the deceased employee for the support of the dependents. Init. Meas. 1948, No. 4, § 15, Acts 1949, p. 1420; Acts 1961, No. 479, § 1; Init. Meas. 1968, No. 1, § 4, Acts 1969; Acts 1975 (Extended Sess., 1976), No. 1227, §§ 12, 13; 1981, No. 290, § 5; 1985, No. 842, § 1; 1986 (2nd Ex. Sess.), No. 10, § 6; A.S.A. 1947, § 81-1315; reen. Acts 1987, No. 1015, §§ 12, 13; Acts 1993, No. 796, § 25.

(a) Funeral Expenses. If death results from an injury occurring on or after July 1, 1993, the employer shall pay the actual funeral expenses, not exceeding the sum of six thousand dollars ($6,000).

(b) Time of Death. If death does not result within one (1) year from the date of the accident or within the first three (3) years of the period for compensation payments fixed by the compensation order, a rebuttable presumption shall arise that the death did not result from the injury.

(c) Beneficiaries - Amounts. Subject to the limitations as set out in §§ 11-9-501 - 11-9-506 , compensation for the death of an employee shall be paid to those persons who were wholly and actually dependent upon the deceased employee in the following percentage of the average weekly wage of the employee and in the following order of preference: (1) (A) (i) To the widow if there is no child, thirty-five percent (35%), and the compensation shall be paid until her death or remarriage. (ii) However, the widow shall establish, in fact, some dependency upon the deceased employee before she will be entitled to benefits as provided in this section; (B) (i) To the widower if there is no child, thirty-five percent (35%), and the compensation shall be paid until his death or remarriage. (ii) However, the widower shall establish, in fact, some dependency upon the deceased employee before he will be entitled to benefits as provided in this section; (2) To the widow or widower if there is a child, the compensation payable under subdivision (c)(1) of this section and fifteen percent (15%) on account of each child; (3) (A) To one (1) child if there is no widow or widower, fifty percent (50%). (B) If more than one (1) child, and there is no widow or widower, fifteen percent (15%) for each child, and in addition thereto, thirty-five percent (35%) to the children as a class, to be divided equally among them; (4) To the parents, twenty-five percent (25%) each; (5) To brothers, sisters, grandchildren, and grandparents, fifteen percent (15%) each.

(1) (A) (i) To the widow if there is no child, thirty-five percent (35%), and the compensation shall be paid until her death or remarriage. (ii) However, the widow shall establish, in fact, some dependency upon the deceased employee before she will be entitled to benefits as provided in this section; (B) (i) To the widower if there is no child, thirty-five percent (35%), and the compensation shall be paid until his death or remarriage. (ii) However, the widower shall establish, in fact, some dependency upon the deceased employee before he will be entitled to benefits as provided in this section;

(A) (i) To the widow if there is no child, thirty-five percent (35%), and the compensation shall be paid until her death or remarriage. (ii) However, the widow shall establish, in fact, some dependency upon the deceased employee before she will be entitled to benefits as provided in this section;

(i) To the widow if there is no child, thirty-five percent (35%), and the compensation shall be paid until her death or remarriage.

(ii) However, the widow shall establish, in fact, some dependency upon the deceased employee before she will be entitled to benefits as provided in this section;

(B) (i) To the widower if there is no child, thirty-five percent (35%), and the compensation shall be paid until his death or remarriage. (ii) However, the widower shall establish, in fact, some dependency upon the deceased employee before he will be entitled to benefits as provided in this section;

(i) To the widower if there is no child, thirty-five percent (35%), and the compensation shall be paid until his death or remarriage.

(ii) However, the widower shall establish, in fact, some dependency upon the deceased employee before he will be entitled to benefits as provided in this section;

(2) To the widow or widower if there is a child, the compensation payable under subdivision (c)(1) of this section and fifteen percent (15%) on account of each child;

(3) (A) To one (1) child if there is no widow or widower, fifty percent (50%). (B) If more than one (1) child, and there is no widow or widower, fifteen percent (15%) for each child, and in addition thereto, thirty-five percent (35%) to the children as a class, to be divided equally among them;

(A) To one (1) child if there is no widow or widower, fifty percent (50%).

(B) If more than one (1) child, and there is no widow or widower, fifteen percent (15%) for each child, and in addition thereto, thirty-five percent (35%) to the children as a class, to be divided equally among them;

(4) To the parents, twenty-five percent (25%) each;

(5) To brothers, sisters, grandchildren, and grandparents, fifteen percent (15%) each.

(d) Terminations of Dependence. (1) In the event the widow remarries before full and complete payment to her of the benefits provided in subsection (c) of this section, there shall be paid to her a lump sum equal to compensation for one hundred four (104) weeks, subject to the limitation set out in §§ 11-9-501 - 11-9-506 . (2) A physically or mentally incapacitated child, grandchild, brother, or sister shall be entitled to compensation as a dependent of the deceased employee without regard to age or marital status, but if physically or mentally capacitated to earn a livelihood, dependency shall terminate with the attainment of eighteen (18) years of age or upon marriage. However, benefits to an otherwise eligible child shall not terminate at the age of eighteen (18) years provided the child is a full-time student who has not attained the age of twenty-five (25) years.

(1) In the event the widow remarries before full and complete payment to her of the benefits provided in subsection (c) of this section, there shall be paid to her a lump sum equal to compensation for one hundred four (104) weeks, subject to the limitation set out in §§ 11-9-501 - 11-9-506 .

(2) A physically or mentally incapacitated child, grandchild, brother, or sister shall be entitled to compensation as a dependent of the deceased employee without regard to age or marital status, but if physically or mentally capacitated to earn a livelihood, dependency shall terminate with the attainment of eighteen (18) years of age or upon marriage. However, benefits to an otherwise eligible child shall not terminate at the age of eighteen (18) years provided the child is a full-time student who has not attained the age of twenty-five (25) years.

(e) Apportionment of Benefits. Where, because of the limitation in subsection (c) of this section, a person or class of persons cannot receive the percentage of compensation specified as payable to or on account of the person or class, there shall be available to the person or class that proportion of the percentage which, when added to the total percentage payable to all persons having priority or preference, will not exceed a total of sixty-five percent (65%), which proportion shall be paid: (1) To that person; or (2) To that class in equal shares unless the Workers' Compensation Commission determines otherwise in accordance with the provisions of subsection (f) of this section.

(1) To that person; or

(2) To that class in equal shares unless the Workers' Compensation Commission determines otherwise in accordance with the provisions of subsection (f) of this section.

(f) Determination of Beneficiaries Within Class. If the commission determines that payments in accordance with subdivision (e)(2) of this section would provide no substantial benefit to any person of the class, it may provide for the payment of the compensation to the persons within the class whom it considers will be most benefited by the payment.

(g) Cessation of Compensation to Part. Upon the cessation of compensation under this section to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compensation is payable shall be that which the persons would have received if they had been the only persons entitled to compensation at the time of the decedent's death.

(h) Determination of Dependency. All questions of dependency shall be determined as of the time of the injury.

(i) Partial Dependency. (1) If the employee leaves dependents who are only partially dependent upon his or her earnings for support at the time of injury, the compensation payable for partial dependency shall be in the proportion that the partial dependency bears to total dependency. (2) In any claim for partial dependency where the average weekly contributions for support were not such as to entitle all dependents to compensation in the aggregate sum of seven dollars ($7.00) per week, the dependents shall receive compensation for a period not to exceed four hundred fifty (450) weeks in an amount not to exceed the amount of average weekly contributions of the deceased employee for the support of the dependents.

(1) If the employee leaves dependents who are only partially dependent upon his or her earnings for support at the time of injury, the compensation payable for partial dependency shall be in the proportion that the partial dependency bears to total dependency.

(2) In any claim for partial dependency where the average weekly contributions for support were not such as to entitle all dependents to compensation in the aggregate sum of seven dollars ($7.00) per week, the dependents shall receive compensation for a period not to exceed four hundred fifty (450) weeks in an amount not to exceed the amount of average weekly contributions of the deceased employee for the support of the dependents.

Init. Meas. 1948, No. 4, § 15, Acts 1949, p. 1420; Acts 1961, No. 479, § 1; Init. Meas. 1968, No. 1, § 4, Acts 1969; Acts 1975 (Extended Sess., 1976), No. 1227, §§ 12, 13; 1981, No. 290, § 5; 1985, No. 842, § 1; 1986 (2nd Ex. Sess.), No. 10, § 6; A.S.A. 1947, § 81-1315; reen. Acts 1987, No. 1015, §§ 12, 13; Acts 1993, No. 796, § 25.
Ark. Code Ann. § 11-10-501 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-501
Payment
Status: in_force

(a) All benefits provided in this chapter shall be payable from the Unemployment Compensation Fund. (b) All benefits shall be paid through Division of Workforce Services offices, in accordance with such rules as the Director of the Division of Workforce Services may prescribe. Amended by Act 2019, No. 315,§ 819, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 232, eff. 7/1/2019. Acts 1941, No. 391, § 3; 1971, No. 35, § 7; A.S.A. 1947, § 81-1104; Acts 1991, No. 100, § 25.

(a) All benefits provided in this chapter shall be payable from the Unemployment Compensation Fund.

(b) All benefits shall be paid through Division of Workforce Services offices, in accordance with such rules as the Director of the Division of Workforce Services may prescribe.

Amended by Act 2019, No. 315,§ 819, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 232, eff. 7/1/2019.

Acts 1941, No. 391, § 3; 1971, No. 35, § 7; A.S.A. 1947, § 81-1104; Acts 1991, No. 100, § 25.
Ark. Code Ann. § 11-9-108 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-108
Waiver of compensation void - Exception
Status: in_force

(a) No agreement by an employee to waive his or her right to compensation shall be valid, and no contract, regulation, or device whatsoever shall operate to relieve the employer or carrier, in whole or in part, from any liability created by this chapter, except as specifically provided elsewhere in this chapter. (b) (1) However, any officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer who is not a subcontractor and who owns and operates his or her own business may by agreement or contract exclude himself or herself from coverage or waive his or her right to coverage or compensation under this chapter. (2) If the exclusion from coverage of the officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer reduces the number of employees of the business to fewer than three (3), the employer shall nevertheless continue to provide workers' compensation coverage for the employees. Init. Meas. 1948, No. 4, § 20, Acts 1949, p. 1420; Acts 1971, No. 162, § 1; 1981, No. 631, § 3; A.S.A. 1947, § 81-1320; Acts 2007, No. 546, § 1.

(a) No agreement by an employee to waive his or her right to compensation shall be valid, and no contract, regulation, or device whatsoever shall operate to relieve the employer or carrier, in whole or in part, from any liability created by this chapter, except as specifically provided elsewhere in this chapter.

(b) (1) However, any officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer who is not a subcontractor and who owns and operates his or her own business may by agreement or contract exclude himself or herself from coverage or waive his or her right to coverage or compensation under this chapter. (2) If the exclusion from coverage of the officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer reduces the number of employees of the business to fewer than three (3), the employer shall nevertheless continue to provide workers' compensation coverage for the employees.

(1) However, any officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer who is not a subcontractor and who owns and operates his or her own business may by agreement or contract exclude himself or herself from coverage or waive his or her right to coverage or compensation under this chapter.

(2) If the exclusion from coverage of the officer of a corporation, sole proprietor, partner of a partnership, member of a limited liability company, member of a professional association, or self-employed employer reduces the number of employees of the business to fewer than three (3), the employer shall nevertheless continue to provide workers' compensation coverage for the employees.

Init. Meas. 1948, No. 4, § 20, Acts 1949, p. 1420; Acts 1971, No. 162, § 1; 1981, No. 631, § 3; A.S.A. 1947, § 81-1320; Acts 2007, No. 546, § 1.
Ark. Code Ann. § 11-9-813 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-813
Deductibles
Status: in_force

(a) (1) Upon approval by the Insurance Commissioner, and following the adoption of such rules as the Insurance Commissioner deems necessary and advisable, each insurer issuing a policy under this chapter shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. (2) Deductible amounts offered shall be fully disclosed to the prospective policyholder in writing in the amount of one hundred dollars ($100), two hundred dollars ($200), three hundred dollars ($300), four hundred dollars ($400), and five hundred dollars ($500), or increments of five hundred dollars ($500), up to a maximum of two thousand five hundred dollars ($2,500) per compensable claim, or in such other amounts as may be set by the Insurance Commissioner. (3) The policyholder exercising the deductible option shall choose only one (1) deductible amount. (b) Optional deductibles shall be offered in each policy insuring liability for workers' compensation that is issued, delivered, issued for delivery, or renewed under this chapter on or after approval by the Insurance Commissioner, unless an insured employer and insurer agree to renegotiate a workers' compensation policy in effect on that date so as to include a provision allowing for a deductible. (c) (1) If the policyholder exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee. (2) The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or medical provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount. (3) The payment or nonpayment of deductible amounts by the insured employer to the insurer shall be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums. (d) If the Insurance Commissioner determines it to be feasible, and under such rules as he or she may adopt, premium reduction for deductibles may be determined before the application of any experience modification, premium surcharge, or premium discounts, and, to the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this section may not be included as benefits paid so as to harm the experience rating of the employer. (e) This section shall not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation. Amended by Act 2019, No. 315,§ 800, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 799, eff. 7/24/2019. Acts 1993, No. 796, § 34.

(a) (1) Upon approval by the Insurance Commissioner, and following the adoption of such rules as the Insurance Commissioner deems necessary and advisable, each insurer issuing a policy under this chapter shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. (2) Deductible amounts offered shall be fully disclosed to the prospective policyholder in writing in the amount of one hundred dollars ($100), two hundred dollars ($200), three hundred dollars ($300), four hundred dollars ($400), and five hundred dollars ($500), or increments of five hundred dollars ($500), up to a maximum of two thousand five hundred dollars ($2,500) per compensable claim, or in such other amounts as may be set by the Insurance Commissioner. (3) The policyholder exercising the deductible option shall choose only one (1) deductible amount.

(1) Upon approval by the Insurance Commissioner, and following the adoption of such rules as the Insurance Commissioner deems necessary and advisable, each insurer issuing a policy under this chapter shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter.

(2) Deductible amounts offered shall be fully disclosed to the prospective policyholder in writing in the amount of one hundred dollars ($100), two hundred dollars ($200), three hundred dollars ($300), four hundred dollars ($400), and five hundred dollars ($500), or increments of five hundred dollars ($500), up to a maximum of two thousand five hundred dollars ($2,500) per compensable claim, or in such other amounts as may be set by the Insurance Commissioner.

(3) The policyholder exercising the deductible option shall choose only one (1) deductible amount.

(b) Optional deductibles shall be offered in each policy insuring liability for workers' compensation that is issued, delivered, issued for delivery, or renewed under this chapter on or after approval by the Insurance Commissioner, unless an insured employer and insurer agree to renegotiate a workers' compensation policy in effect on that date so as to include a provision allowing for a deductible.

(c) (1) If the policyholder exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee. (2) The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or medical provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount. (3) The payment or nonpayment of deductible amounts by the insured employer to the insurer shall be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.

(1) If the policyholder exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee.

(2) The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or medical provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount.

(3) The payment or nonpayment of deductible amounts by the insured employer to the insurer shall be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.

(d) If the Insurance Commissioner determines it to be feasible, and under such rules as he or she may adopt, premium reduction for deductibles may be determined before the application of any experience modification, premium surcharge, or premium discounts, and, to the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this section may not be included as benefits paid so as to harm the experience rating of the employer.

(e) This section shall not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation.

Amended by Act 2019, No. 315,§ 800, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 799, eff. 7/24/2019.

Acts 1993, No. 796, § 34.
Ark. Code Ann. § 11-10-404 — AR Code / Title 11 / Chapter 10 / Subchapter 4 / Section 11-10-404
Nonprofit employers
Status: in_force

(a) (1) (A) Any political subdivision of this state may elect to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education, as defined in §§ 11-10-220 and 11-10-221 , operated by the political subdivision. (B) Election is to be made by filing with the Director of the Division of Workforce Services a notice of the election at least thirty (30) days prior to the effective date of the election. (2) The election shall exclude any services described in § 11-10-210(a)(4) . (3) Any political subdivision electing coverage under this section shall make payments in lieu of contributions with respect to benefits attributable to the employment as provided with respect to nonprofit organizations in § 11-10-713(c) and (f) . (b) The provisions in § 11-10-509 with respect to benefit rights based on service for state and nonprofit institutions of higher education shall be applicable also to service covered by an election under this section. (c) The amounts required to be paid in lieu of contributions by any political subdivision under this section shall be billed and payment made as provided in § 11-10-713(d) with respect to similar payments of nonprofit organizations. (d) An election under this section may be terminated by filing with the director written notice not later than thirty (30) days preceding the last day of the calendar year in which the termination is to be effective. The termination becomes effective as of the first day of the next ensuing calendar year with respect to services performed after that date. Amended by Act 2019, No. 910,§ 231, eff. 7/1/2019. Acts 1941, No. 391, § 8; 1971, No. 35, § 16; 1977, No. 376, § 14; A.S.A. 1947, § 81-1111.

(a) (1) (A) Any political subdivision of this state may elect to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education, as defined in §§ 11-10-220 and 11-10-221 , operated by the political subdivision. (B) Election is to be made by filing with the Director of the Division of Workforce Services a notice of the election at least thirty (30) days prior to the effective date of the election. (2) The election shall exclude any services described in § 11-10-210(a)(4) . (3) Any political subdivision electing coverage under this section shall make payments in lieu of contributions with respect to benefits attributable to the employment as provided with respect to nonprofit organizations in § 11-10-713(c) and (f) .

(1) (A) Any political subdivision of this state may elect to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education, as defined in §§ 11-10-220 and 11-10-221 , operated by the political subdivision. (B) Election is to be made by filing with the Director of the Division of Workforce Services a notice of the election at least thirty (30) days prior to the effective date of the election.

(A) Any political subdivision of this state may elect to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education, as defined in §§ 11-10-220 and 11-10-221 , operated by the political subdivision.

(B) Election is to be made by filing with the Director of the Division of Workforce Services a notice of the election at least thirty (30) days prior to the effective date of the election.

(2) The election shall exclude any services described in § 11-10-210(a)(4) .

(3) Any political subdivision electing coverage under this section shall make payments in lieu of contributions with respect to benefits attributable to the employment as provided with respect to nonprofit organizations in § 11-10-713(c) and (f) .

(b) The provisions in § 11-10-509 with respect to benefit rights based on service for state and nonprofit institutions of higher education shall be applicable also to service covered by an election under this section.

(c) The amounts required to be paid in lieu of contributions by any political subdivision under this section shall be billed and payment made as provided in § 11-10-713(d) with respect to similar payments of nonprofit organizations.

(d) An election under this section may be terminated by filing with the director written notice not later than thirty (30) days preceding the last day of the calendar year in which the termination is to be effective. The termination becomes effective as of the first day of the next ensuing calendar year with respect to services performed after that date.

Amended by Act 2019, No. 910,§ 231, eff. 7/1/2019.

Acts 1941, No. 391, § 8; 1971, No. 35, § 16; 1977, No. 376, § 14; A.S.A. 1947, § 81-1111.
Ark. Code Ann. § 11-5-403 — AR Code / Title 11 / Chapter 5 / Subchapter 4 / Section 11-5-403
Prohibition of employer's use of genetic test or information
Status: in_force

(a) An employer shall not seek to obtain or use a genetic test or genetic information of the employee or the prospective employee for the purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee. (b) An employer shall not require a genetic test of or require genetic information from the employee or prospective employee for the purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee. Acts 2001, No. 1407, § 1.

(a) An employer shall not seek to obtain or use a genetic test or genetic information of the employee or the prospective employee for the purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee.

(b) An employer shall not require a genetic test of or require genetic information from the employee or prospective employee for the purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee.

Acts 2001, No. 1407, § 1.
Ark. Code Ann. § 11-4-203 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-203
Definitions
Status: in_force

As used in this subchapter: (1) [Repealed.] (2) "Employ" means to suffer or to permit to work; (3) "Employee" means any individual employed by an employer but shall not include: (A) Any individual employed in a bona fide executive, administrative, or professional capacity or as an outside commission-paid salesperson who customarily performs his or her services away from his or her employer's premises taking orders for goods or services; (B) Any student performing services for any school, college, or university in which he or she is enrolled and is regularly attending classes; (C) Any individual employed by the United States; (D) Any individual engaged in the activities of any educational, charitable, religious, or nonprofit organization in which the employer-employee relationship does not in fact exist or in which the services are rendered to the organizations gratuitously; (E) Any bona fide independent contractor; (F) Any individual employed by an agricultural employer who did not use more than five hundred (500) man-days of agricultural labor in any calendar quarter of the preceding calendar year; (G) The parent, spouse, child, or other member of an agricultural employer's immediate family; (H) An individual who: (i) Is employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (ii) Commutes daily from his or her permanent residence to the farm on which he or she is so employed; and (iii) Has been employed in agriculture less than thirteen (13) weeks during the preceding calendar year; (I) A migrant who: (i) Is sixteen (16) years of age or under and is employed as a hand-harvest laborer; (ii) Is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (iii) Is employed on the same farm as his or her parents; and (iv) Is paid the same piece-rate as employees over sixteen (16) years of age are paid on the same farm; (J) Any employee principally engaged in the range production of livestock; (K) Any employee employed in planting or tending trees, cruising, surveying, or felling timber or in preparing or transporting logs or other forestry products to the mill, processing plants, or railroad or other transportation terminal if the number of employees employed by his or her employer in the forestry or lumbering operations does not exceed eight (8); (L) An employee employed by a nonprofit recreational or educational camp that does not operate for more than seven (7) months in any calendar year; (M) A nonprofit child welfare agency employee who serves as a houseparent who is: (i) Directly involved in caring for children who reside in residential facilities of the nonprofit child welfare agency and who are orphans, in foster care, abused, neglected, abandoned, homeless, in need of supervision, or otherwise in crisis situations that lead to out-of-home placements; and (ii) Compensated at an annual rate of not less than thirteen thousand dollars ($13,000) or compensated at an annual rate of not less than ten thousand dollars ($10,000) if the employee resides in the residential facility and receives board and lodging at no cost; (N) An employee employed in connection with the publication of a weekly, semiweekly, or daily newspaper with a circulation: (i) Of less than four thousand (4,000); and (ii) The major part of which is within the county in which the newspaper is published or counties contiguous to the county in which the newspaper is published; (O) An employee employed on a casual basis in domestic service employment to provide: (i) Babysitting services; or (ii) Companionship services for individuals who are unable to care for themselves because of age or infirmity; (P) An employee engaged in the delivery of newspapers to retail subscribers; (Q) A home worker engaged in: (i) Making wreaths composed principally of natural holly, pine, cedar, or other evergreens; and (ii) Harvesting natural holly, pine, cedar, and other evergreens used in making such wreaths; (R) (i) An individual employed by an establishment that is an organized camp or a religious or nonprofit educational conference center if: (a) The organized camp or a religious or nonprofit educational conference center does not operate for more than seven (7) months in a calendar year; or (b) During the preceding calendar year, the average receipts of the organized camp or a religious or nonprofit educational conference center for any six (6) months of the preceding calendar year were not more than thirty-three and one-third percent (33 1/3%) of the average receipts of the organized camp or a religious or nonprofit educational conference center for the other six (6) months of the preceding calendar year. (ii) (a) This subdivision (3)(R) is effective retroactively as of January 1, 2006. (b) The retroactive effect of this subdivision (3)(R) does not impose liability on the Division of Labor or on an employee to repay damages, back wages, civil money penalties, or other moneys collected or paid by the division or received by an employee; or (S) A direct seller as defined in the Internal Revenue Code of 1986, 26 U.S.C. § 3508(b)(2) , as it existed on January 1, 2021; (4) (A) "Employer" means any individual, partnership, association, corporation, business trust, the State of Arkansas, any political subdivision of the state, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. (B) "Employer" shall not include any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee for any work week in which fewer than four (4) employees are employed; (5) "Gratuities" means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered; (6) "Independent contractor" means any individual who contracts to perform certain work away from the premises of his or her employer, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the result of his or her work; (7) "Man-day" means any day during any portion of which an employee performs any agricultural labor. Any individual otherwise excluded as an employee under subdivision (3)(I) of this section shall be considered an employee in computing man-days of agricultural labor; (8) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed; and (9) "Wage" means compensation due to an employee by reason of his or her employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by this subchapter or by rules of the Director of the Division of Labor under this subchapter. Amended by Act 2021, No. 947,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 755, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5308, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5307, eff. 7/1/2019. Amended by Act 2013, No. 1128,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 457,§ 1, eff. 3/21/2013. Acts 1968 (1st Ex. Sess.), No. 25, § 2; 1977, No. 345, § 1; 1979, No. 1095, § 1; 1983, No. 698, § 1; A.S.A. 1947, § 81-320; Acts 1989, No. 360, § 1; 1999, No. 1369, § 1; 2001, No. 1423, § 1; 2003, No. 212, § 1; Acts 2006 (1st Ex. Sess.), No. 15, § 1; 2006 (1st Ex. Sess.), No. 16, § 1; 2007, No. 545, § 1.

As used in this subchapter:

(1) [Repealed.]

(2) "Employ" means to suffer or to permit to work;

(3) "Employee" means any individual employed by an employer but shall not include: (A) Any individual employed in a bona fide executive, administrative, or professional capacity or as an outside commission-paid salesperson who customarily performs his or her services away from his or her employer's premises taking orders for goods or services; (B) Any student performing services for any school, college, or university in which he or she is enrolled and is regularly attending classes; (C) Any individual employed by the United States; (D) Any individual engaged in the activities of any educational, charitable, religious, or nonprofit organization in which the employer-employee relationship does not in fact exist or in which the services are rendered to the organizations gratuitously; (E) Any bona fide independent contractor; (F) Any individual employed by an agricultural employer who did not use more than five hundred (500) man-days of agricultural labor in any calendar quarter of the preceding calendar year; (G) The parent, spouse, child, or other member of an agricultural employer's immediate family; (H) An individual who: (i) Is employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (ii) Commutes daily from his or her permanent residence to the farm on which he or she is so employed; and (iii) Has been employed in agriculture less than thirteen (13) weeks during the preceding calendar year; (I) A migrant who: (i) Is sixteen (16) years of age or under and is employed as a hand-harvest laborer; (ii) Is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (iii) Is employed on the same farm as his or her parents; and (iv) Is paid the same piece-rate as employees over sixteen (16) years of age are paid on the same farm; (J) Any employee principally engaged in the range production of livestock; (K) Any employee employed in planting or tending trees, cruising, surveying, or felling timber or in preparing or transporting logs or other forestry products to the mill, processing plants, or railroad or other transportation terminal if the number of employees employed by his or her employer in the forestry or lumbering operations does not exceed eight (8); (L) An employee employed by a nonprofit recreational or educational camp that does not operate for more than seven (7) months in any calendar year; (M) A nonprofit child welfare agency employee who serves as a houseparent who is: (i) Directly involved in caring for children who reside in residential facilities of the nonprofit child welfare agency and who are orphans, in foster care, abused, neglected, abandoned, homeless, in need of supervision, or otherwise in crisis situations that lead to out-of-home placements; and (ii) Compensated at an annual rate of not less than thirteen thousand dollars ($13,000) or compensated at an annual rate of not less than ten thousand dollars ($10,000) if the employee resides in the residential facility and receives board and lodging at no cost; (N) An employee employed in connection with the publication of a weekly, semiweekly, or daily newspaper with a circulation: (i) Of less than four thousand (4,000); and (ii) The major part of which is within the county in which the newspaper is published or counties contiguous to the county in which the newspaper is published; (O) An employee employed on a casual basis in domestic service employment to provide: (i) Babysitting services; or (ii) Companionship services for individuals who are unable to care for themselves because of age or infirmity; (P) An employee engaged in the delivery of newspapers to retail subscribers; (Q) A home worker engaged in: (i) Making wreaths composed principally of natural holly, pine, cedar, or other evergreens; and (ii) Harvesting natural holly, pine, cedar, and other evergreens used in making such wreaths; (R) (i) An individual employed by an establishment that is an organized camp or a religious or nonprofit educational conference center if: (a) The organized camp or a religious or nonprofit educational conference center does not operate for more than seven (7) months in a calendar year; or (b) During the preceding calendar year, the average receipts of the organized camp or a religious or nonprofit educational conference center for any six (6) months of the preceding calendar year were not more than thirty-three and one-third percent (33 1/3%) of the average receipts of the organized camp or a religious or nonprofit educational conference center for the other six (6) months of the preceding calendar year. (ii) (a) This subdivision (3)(R) is effective retroactively as of January 1, 2006. (b) The retroactive effect of this subdivision (3)(R) does not impose liability on the Division of Labor or on an employee to repay damages, back wages, civil money penalties, or other moneys collected or paid by the division or received by an employee; or (S) A direct seller as defined in the Internal Revenue Code of 1986, 26 U.S.C. § 3508(b)(2) , as it existed on January 1, 2021;

(A) Any individual employed in a bona fide executive, administrative, or professional capacity or as an outside commission-paid salesperson who customarily performs his or her services away from his or her employer's premises taking orders for goods or services;

(B) Any student performing services for any school, college, or university in which he or she is enrolled and is regularly attending classes;

(C) Any individual employed by the United States;

(D) Any individual engaged in the activities of any educational, charitable, religious, or nonprofit organization in which the employer-employee relationship does not in fact exist or in which the services are rendered to the organizations gratuitously;

(E) Any bona fide independent contractor;

(F) Any individual employed by an agricultural employer who did not use more than five hundred (500) man-days of agricultural labor in any calendar quarter of the preceding calendar year;

(G) The parent, spouse, child, or other member of an agricultural employer's immediate family;

(H) An individual who: (i) Is employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (ii) Commutes daily from his or her permanent residence to the farm on which he or she is so employed; and (iii) Has been employed in agriculture less than thirteen (13) weeks during the preceding calendar year;

(i) Is employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment;

(ii) Commutes daily from his or her permanent residence to the farm on which he or she is so employed; and

(iii) Has been employed in agriculture less than thirteen (13) weeks during the preceding calendar year;

(I) A migrant who: (i) Is sixteen (16) years of age or under and is employed as a hand-harvest laborer; (ii) Is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (iii) Is employed on the same farm as his or her parents; and (iv) Is paid the same piece-rate as employees over sixteen (16) years of age are paid on the same farm;

(i) Is sixteen (16) years of age or under and is employed as a hand-harvest laborer;

(ii) Is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment;

(iii) Is employed on the same farm as his or her parents; and

(iv) Is paid the same piece-rate as employees over sixteen (16) years of age are paid on the same farm;

(J) Any employee principally engaged in the range production of livestock;

(K) Any employee employed in planting or tending trees, cruising, surveying, or felling timber or in preparing or transporting logs or other forestry products to the mill, processing plants, or railroad or other transportation terminal if the number of employees employed by his or her employer in the forestry or lumbering operations does not exceed eight (8);

(L) An employee employed by a nonprofit recreational or educational camp that does not operate for more than seven (7) months in any calendar year;

(M) A nonprofit child welfare agency employee who serves as a houseparent who is: (i) Directly involved in caring for children who reside in residential facilities of the nonprofit child welfare agency and who are orphans, in foster care, abused, neglected, abandoned, homeless, in need of supervision, or otherwise in crisis situations that lead to out-of-home placements; and (ii) Compensated at an annual rate of not less than thirteen thousand dollars ($13,000) or compensated at an annual rate of not less than ten thousand dollars ($10,000) if the employee resides in the residential facility and receives board and lodging at no cost;

(i) Directly involved in caring for children who reside in residential facilities of the nonprofit child welfare agency and who are orphans, in foster care, abused, neglected, abandoned, homeless, in need of supervision, or otherwise in crisis situations that lead to out-of-home placements; and

(ii) Compensated at an annual rate of not less than thirteen thousand dollars ($13,000) or compensated at an annual rate of not less than ten thousand dollars ($10,000) if the employee resides in the residential facility and receives board and lodging at no cost;

(N) An employee employed in connection with the publication of a weekly, semiweekly, or daily newspaper with a circulation: (i) Of less than four thousand (4,000); and (ii) The major part of which is within the county in which the newspaper is published or counties contiguous to the county in which the newspaper is published;

(i) Of less than four thousand (4,000); and

(ii) The major part of which is within the county in which the newspaper is published or counties contiguous to the county in which the newspaper is published;

(O) An employee employed on a casual basis in domestic service employment to provide: (i) Babysitting services; or (ii) Companionship services for individuals who are unable to care for themselves because of age or infirmity;

(i) Babysitting services; or

(ii) Companionship services for individuals who are unable to care for themselves because of age or infirmity;

(P) An employee engaged in the delivery of newspapers to retail subscribers;

(Q) A home worker engaged in: (i) Making wreaths composed principally of natural holly, pine, cedar, or other evergreens; and (ii) Harvesting natural holly, pine, cedar, and other evergreens used in making such wreaths;

(i) Making wreaths composed principally of natural holly, pine, cedar, or other evergreens; and

(ii) Harvesting natural holly, pine, cedar, and other evergreens used in making such wreaths;

(R) (i) An individual employed by an establishment that is an organized camp or a religious or nonprofit educational conference center if: (a) The organized camp or a religious or nonprofit educational conference center does not operate for more than seven (7) months in a calendar year; or (b) During the preceding calendar year, the average receipts of the organized camp or a religious or nonprofit educational conference center for any six (6) months of the preceding calendar year were not more than thirty-three and one-third percent (33 1/3%) of the average receipts of the organized camp or a religious or nonprofit educational conference center for the other six (6) months of the preceding calendar year. (ii) (a) This subdivision (3)(R) is effective retroactively as of January 1, 2006. (b) The retroactive effect of this subdivision (3)(R) does not impose liability on the Division of Labor or on an employee to repay damages, back wages, civil money penalties, or other moneys collected or paid by the division or received by an employee; or

(i) An individual employed by an establishment that is an organized camp or a religious or nonprofit educational conference center if: (a) The organized camp or a religious or nonprofit educational conference center does not operate for more than seven (7) months in a calendar year; or (b) During the preceding calendar year, the average receipts of the organized camp or a religious or nonprofit educational conference center for any six (6) months of the preceding calendar year were not more than thirty-three and one-third percent (33 1/3%) of the average receipts of the organized camp or a religious or nonprofit educational conference center for the other six (6) months of the preceding calendar year.

(a) The organized camp or a religious or nonprofit educational conference center does not operate for more than seven (7) months in a calendar year; or

(b) During the preceding calendar year, the average receipts of the organized camp or a religious or nonprofit educational conference center for any six (6) months of the preceding calendar year were not more than thirty-three and one-third percent (33 1/3%) of the average receipts of the organized camp or a religious or nonprofit educational conference center for the other six (6) months of the preceding calendar year.

(ii) (a) This subdivision (3)(R) is effective retroactively as of January 1, 2006. (b) The retroactive effect of this subdivision (3)(R) does not impose liability on the Division of Labor or on an employee to repay damages, back wages, civil money penalties, or other moneys collected or paid by the division or received by an employee; or

(a) This subdivision (3)(R) is effective retroactively as of January 1, 2006.

(b) The retroactive effect of this subdivision (3)(R) does not impose liability on the Division of Labor or on an employee to repay damages, back wages, civil money penalties, or other moneys collected or paid by the division or received by an employee; or

(S) A direct seller as defined in the Internal Revenue Code of 1986, 26 U.S.C. § 3508(b)(2) , as it existed on January 1, 2021;

(4) (A) "Employer" means any individual, partnership, association, corporation, business trust, the State of Arkansas, any political subdivision of the state, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. (B) "Employer" shall not include any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee for any work week in which fewer than four (4) employees are employed;

(A) "Employer" means any individual, partnership, association, corporation, business trust, the State of Arkansas, any political subdivision of the state, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.

(B) "Employer" shall not include any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee for any work week in which fewer than four (4) employees are employed;

(5) "Gratuities" means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered;

(6) "Independent contractor" means any individual who contracts to perform certain work away from the premises of his or her employer, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the result of his or her work;

(7) "Man-day" means any day during any portion of which an employee performs any agricultural labor. Any individual otherwise excluded as an employee under subdivision (3)(I) of this section shall be considered an employee in computing man-days of agricultural labor;

(8) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed; and

(9) "Wage" means compensation due to an employee by reason of his or her employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by this subchapter or by rules of the Director of the Division of Labor under this subchapter.

Amended by Act 2021, No. 947,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 755, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5308, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5307, eff. 7/1/2019.

Amended by Act 2013, No. 1128,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 457,§ 1, eff. 3/21/2013.

Acts 1968 (1st Ex. Sess.), No. 25, § 2; 1977, No. 345, § 1; 1979, No. 1095, § 1; 1983, No. 698, § 1; A.S.A. 1947, § 81-320; Acts 1989, No. 360, § 1; 1999, No. 1369, § 1; 2001, No. 1423, § 1; 2003, No. 212, § 1; Acts 2006 (1st Ex. Sess.), No. 15, § 1; 2006 (1st Ex. Sess.), No. 16, § 1; 2007, No. 545, § 1.
Ark. Code Ann. § 11-10-716 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-716
Collection - Interest on past due contributions
Status: in_force

(a) (1) If contributions are not paid on the date on which they are due and payable as prescribed by the Director of the Division of Workforce Services, the whole or part thereafter remaining unpaid shall bear interest at the rate of one and one-half percent (1.5%) per month from and after the due date until payment is received by the director. (2) In computing interest for any period less than a full month, the rate shall be five-hundredths of a percent (0.05%) for each day or fraction thereof. (3) The date as of which payment of contributions, if mailed, is deemed to have been received may be determined by such rules as the director may prescribe. (b) (1) (A) At the end of each month, deposits in the Unemployment Compensation Fund Clearing Account which have been established as interest and penalty payments collected pursuant to §§ 11-10-716 - 11-10-723 shall be paid over to the Treasurer of State and credited by him or her to the Division of Workforce Services Special Fund, § 19-5-984 , created and established in the State Treasury. (B) All withdrawals shall be upon voucher warrants issued, or caused to be issued, by the director for any one (1) or more of the following purposes as authorized by legislative appropriation: (i) Refunds of the interest and penalties erroneously paid; (ii) Replacements of money lost or erroneously expended, as provided by § 11-10-322 ; and (iii) Such other and additional purposes necessary to the proper administration of this chapter as specifically provided in the appropriation for the Division of Workforce Services. (2) Funds received as a result of the application of funds withdrawn from the fund pursuant to and in accordance with the withdrawal purposes and provisions set forth in this subsection shall also be deposited into and credited to the fund. Amended by Act 2019, No. 315,§ 833, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 300, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 299, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 298, eff. 7/1/2019. Acts 1941, No. 391, § 14; 1965, No. 33, § 2; 1977, No. 376, § 16; 1979, No. 492, § 13; 1979, No. 922, § 13; 1985, No. 8, § 26; 1985, No. 9, § 26; A.S.A. 1947, § 81-1117; Acts 1991, No. 100, § 45; 1993, No. 403, § 3; 2005, No. 21, § 1; 2005, No. 902, § 11.

(a) (1) If contributions are not paid on the date on which they are due and payable as prescribed by the Director of the Division of Workforce Services, the whole or part thereafter remaining unpaid shall bear interest at the rate of one and one-half percent (1.5%) per month from and after the due date until payment is received by the director. (2) In computing interest for any period less than a full month, the rate shall be five-hundredths of a percent (0.05%) for each day or fraction thereof. (3) The date as of which payment of contributions, if mailed, is deemed to have been received may be determined by such rules as the director may prescribe.

(1) If contributions are not paid on the date on which they are due and payable as prescribed by the Director of the Division of Workforce Services, the whole or part thereafter remaining unpaid shall bear interest at the rate of one and one-half percent (1.5%) per month from and after the due date until payment is received by the director.

(2) In computing interest for any period less than a full month, the rate shall be five-hundredths of a percent (0.05%) for each day or fraction thereof.

(3) The date as of which payment of contributions, if mailed, is deemed to have been received may be determined by such rules as the director may prescribe.

(b) (1) (A) At the end of each month, deposits in the Unemployment Compensation Fund Clearing Account which have been established as interest and penalty payments collected pursuant to §§ 11-10-716 - 11-10-723 shall be paid over to the Treasurer of State and credited by him or her to the Division of Workforce Services Special Fund, § 19-5-984 , created and established in the State Treasury. (B) All withdrawals shall be upon voucher warrants issued, or caused to be issued, by the director for any one (1) or more of the following purposes as authorized by legislative appropriation: (i) Refunds of the interest and penalties erroneously paid; (ii) Replacements of money lost or erroneously expended, as provided by § 11-10-322 ; and (iii) Such other and additional purposes necessary to the proper administration of this chapter as specifically provided in the appropriation for the Division of Workforce Services. (2) Funds received as a result of the application of funds withdrawn from the fund pursuant to and in accordance with the withdrawal purposes and provisions set forth in this subsection shall also be deposited into and credited to the fund.

(1) (A) At the end of each month, deposits in the Unemployment Compensation Fund Clearing Account which have been established as interest and penalty payments collected pursuant to §§ 11-10-716 - 11-10-723 shall be paid over to the Treasurer of State and credited by him or her to the Division of Workforce Services Special Fund, § 19-5-984 , created and established in the State Treasury. (B) All withdrawals shall be upon voucher warrants issued, or caused to be issued, by the director for any one (1) or more of the following purposes as authorized by legislative appropriation: (i) Refunds of the interest and penalties erroneously paid; (ii) Replacements of money lost or erroneously expended, as provided by § 11-10-322 ; and (iii) Such other and additional purposes necessary to the proper administration of this chapter as specifically provided in the appropriation for the Division of Workforce Services.

(A) At the end of each month, deposits in the Unemployment Compensation Fund Clearing Account which have been established as interest and penalty payments collected pursuant to §§ 11-10-716 - 11-10-723 shall be paid over to the Treasurer of State and credited by him or her to the Division of Workforce Services Special Fund, § 19-5-984 , created and established in the State Treasury.

(B) All withdrawals shall be upon voucher warrants issued, or caused to be issued, by the director for any one (1) or more of the following purposes as authorized by legislative appropriation: (i) Refunds of the interest and penalties erroneously paid; (ii) Replacements of money lost or erroneously expended, as provided by § 11-10-322 ; and (iii) Such other and additional purposes necessary to the proper administration of this chapter as specifically provided in the appropriation for the Division of Workforce Services.

(i) Refunds of the interest and penalties erroneously paid;

(ii) Replacements of money lost or erroneously expended, as provided by § 11-10-322 ; and

(iii) Such other and additional purposes necessary to the proper administration of this chapter as specifically provided in the appropriation for the Division of Workforce Services.

(2) Funds received as a result of the application of funds withdrawn from the fund pursuant to and in accordance with the withdrawal purposes and provisions set forth in this subsection shall also be deposited into and credited to the fund.

Amended by Act 2019, No. 315,§ 833, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 300, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 299, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 298, eff. 7/1/2019.

Acts 1941, No. 391, § 14; 1965, No. 33, § 2; 1977, No. 376, § 16; 1979, No. 492, § 13; 1979, No. 922, § 13; 1985, No. 8, § 26; 1985, No. 9, § 26; A.S.A. 1947, § 81-1117; Acts 1991, No. 100, § 45; 1993, No. 403, § 3; 2005, No. 21, § 1; 2005, No. 902, § 11.
Ark. Code Ann. § 11-10-710 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-710
Transfer of experience
Status: in_force

(a) (1) Unless otherwise provided in § 11-10-723 , any employing unit that acquires the organization, trade, and all of the places of business and substantially all of the assets of any employer, excepting, in any such case, any assets retained by the employer incident to the liquidation of the employer's obligations, whether or not the acquiring employing unit was an employing unit within the meaning of § 11-10-208 prior to the acquisition, and that continues the organization, trade, or business as indicated by retaining the predecessor employer's three-digit North American Industry Classification System code shall assume the predecessor employer's actual contributions, regular benefit experience, annual payrolls, liability for current or delinquent contributions, interest, penalty, and otherwise as if no change with respect to the separate account, actual experience, and payrolls or the position of the predecessor employer otherwise had occurred and as if the operations of the predecessor employer had at all times been carried on by the successor employing unit. (2) The separate account of the predecessor employer shall be transferred by the Director of the Division of Workforce Services to the successor employing unit and, as of the date of the acquisition, shall become the separate account or part of the separate account, as the case may be, of the successor employing unit, and the regular benefits thereafter chargeable to the predecessor employer on account of employment prior to the date of the acquisition shall be charged to the separate account of the successor employing unit. (b) (1) However, unless otherwise provided in § 11-10-723 , if any employing unit acquires a segregable and identifiable portion of the business of any employer, whether the acquiring employing unit was an employing unit within the meaning of § 11-10-208 prior to the acquisition, and whether the acquisition is the result of reorganization, purchase, inheritance, receivership, or for any other cause, and if the successor employing unit desires to obtain any benefit of the predecessor employer's experience, the successor employing unit must file with the director a petition, signed by all interested parties, within thirty (30) days after the acquisition setting out the percentage of the predecessor employer's actual contributions, regular benefit experience, annual payrolls, payment of contributions, and otherwise that should be transferred to the successor employing unit's separate account. (2) (A) If the director finds the facts substantially as represented in the petition and that all contributions due by the successor employing unit have been paid, he or she shall transfer the proportionate share of the predecessor employer's separate account to the successor employing unit. (B) Effective the date of the acquisition, the account transferred under subdivision (b)(2)(A) of this section shall become the separate account or part of the separate account, as the case may be, of the successor employing unit as if no change with respect to the proportionate share of the separate account had occurred. (c) (1) Following a transfer as described in subsection (a) or subsection (b) of this section, the contribution rate of the successor employing unit shall be determined as follows: (A) If the successor employing unit is an employer as defined in § 11-10-209 at the time of the transfer and has been assigned a contribution rate under this section, the successor employing unit shall continue to pay contributions at the previously assigned contribution rate through the end of the rate year; (B) If the successor employing unit is not an employer as defined in § 11-10-209 at the time of the transfer and acquires the business of one (1) employer or the businesses of two (2) or more employers with the same contribution rate, the successor employing unit shall pay contributions at the contribution rate assigned to the predecessor employer or employers from the date the transfer occurred through the end of the rate year; and (C) If the successor employing unit is not an employer as defined in § 11-10-209 at the time of the transfer and simultaneously acquires the businesses of two (2) or more employers with different rates of contributions, the successor employing unit's contribution rate from the date the transfer occurred through the end of the rate year shall be computed on the combined experience of the predecessor employers as of the regular computation date for the rate year in which the transfer occurred. (2) (A) From and after the end of the rate year in which the transfer occurred, the successor employing unit's rate of contribution for each rate year following the transfer shall be based on the successor employing unit's experience combined with the experience of the predecessor employer or employers as of the regular computation date for the rate year. (B) However, if at the regular computation date the successor employing unit and the predecessor employer or employers have less than three (3) years of benefit risk as defined in § 11-10-707(d) : (i) The contribution rate shall be the new employer contribution rate as set forth in § 11-10-704(b)(2) ; and (ii) The three (3) years of benefit risk shall be calculated using the established new employer calculation date of the successor employing unit or the calculation date of the predecessor employer or employers, whichever date is the earliest. (d) (1) (A) The director shall give notice of the determination he or she makes under subsection (a) or subsection (b) of this section to the predecessor employer unless the predecessor employer has consented to the transfer of experience and to the successor employing unit. (B) The notice shall become conclusive and binding upon each employing unit unless, within twenty (20) days after the mailing date of the notice to the employing unit's last known mailing address, an application for review and redetermination is filed with the director setting forth the employing unit's reasons for seeking a review and redetermination. (2) (A) (i) (a) The director may deny the application if he or she finds the reasons set forth by the employing unit making application for review and redetermination are insufficient to change his or her determination. (b) Otherwise, the application for review and redetermination shall be granted, and the director shall make a redetermination. (ii) The director may issue a redetermination within one (1) year of the original determination if, through his or her own investigation, he or she finds the original determination to be in error. (B) The director shall promptly notify the parties to the review and redetermination of his or her decision by mailing the denial of redetermination to their last known addresses. (C) The denial of an application for review and redetermination is final and conclusive as of the mailing date of the director's notification. (3) A party to a review and redetermination under subdivision (d)(2) of this section may appeal from the determination or redetermination of the director by filing a petition with the clerk of the circuit court in the county of the party's residence, if the residence is in Arkansas, or the clerk of the Pulaski County Circuit Court, Arkansas, within thirty (30) days of the mailing date of the director's notice of determination or redetermination. Amended by Act 2019, No. 910,§ 292, eff. 7/1/2019. Amended by Act 2013, No. 1128,§ 2, eff. 8/16/2013. Acts 1941, No. 391, § 7; 1943, No. 256, § 1; 1945, No. 8, § 1; 1947, No. 398, § 7; 1949, No. 155, § 11; 1953, No. 162, § 14; 1955, No. 395, § 26; 1959, No. 32, § 1; 1963, No. 93, § 9; 1971, No. 35, § 14; 1985, No. 8, § 11; 1985, No. 9, § 11; A.S.A. 1947, § 81-1108; Acts 1991, No. 48, § 9; 1991, No. 100, § 43; 2003, No. 1223, § 12; 2005, No. 902, § 10; 2007, No. 490, § 14.

(a) (1) Unless otherwise provided in § 11-10-723 , any employing unit that acquires the organization, trade, and all of the places of business and substantially all of the assets of any employer, excepting, in any such case, any assets retained by the employer incident to the liquidation of the employer's obligations, whether or not the acquiring employing unit was an employing unit within the meaning of § 11-10-208 prior to the acquisition, and that continues the organization, trade, or business as indicated by retaining the predecessor employer's three-digit North American Industry Classification System code shall assume the predecessor employer's actual contributions, regular benefit experience, annual payrolls, liability for current or delinquent contributions, interest, penalty, and otherwise as if no change with respect to the separate account, actual experience, and payrolls or the position of the predecessor employer otherwise had occurred and as if the operations of the predecessor employer had at all times been carried on by the successor employing unit. (2) The separate account of the predecessor employer shall be transferred by the Director of the Division of Workforce Services to the successor employing unit and, as of the date of the acquisition, shall become the separate account or part of the separate account, as the case may be, of the successor employing unit, and the regular benefits thereafter chargeable to the predecessor employer on account of employment prior to the date of the acquisition shall be charged to the separate account of the successor employing unit.

(1) Unless otherwise provided in § 11-10-723 , any employing unit that acquires the organization, trade, and all of the places of business and substantially all of the assets of any employer, excepting, in any such case, any assets retained by the employer incident to the liquidation of the employer's obligations, whether or not the acquiring employing unit was an employing unit within the meaning of § 11-10-208 prior to the acquisition, and that continues the organization, trade, or business as indicated by retaining the predecessor employer's three-digit North American Industry Classification System code shall assume the predecessor employer's actual contributions, regular benefit experience, annual payrolls, liability for current or delinquent contributions, interest, penalty, and otherwise as if no change with respect to the separate account, actual experience, and payrolls or the position of the predecessor employer otherwise had occurred and as if the operations of the predecessor employer had at all times been carried on by the successor employing unit.

(2) The separate account of the predecessor employer shall be transferred by the Director of the Division of Workforce Services to the successor employing unit and, as of the date of the acquisition, shall become the separate account or part of the separate account, as the case may be, of the successor employing unit, and the regular benefits thereafter chargeable to the predecessor employer on account of employment prior to the date of the acquisition shall be charged to the separate account of the successor employing unit.

(b) (1) However, unless otherwise provided in § 11-10-723 , if any employing unit acquires a segregable and identifiable portion of the business of any employer, whether the acquiring employing unit was an employing unit within the meaning of § 11-10-208 prior to the acquisition, and whether the acquisition is the result of reorganization, purchase, inheritance, receivership, or for any other cause, and if the successor employing unit desires to obtain any benefit of the predecessor employer's experience, the successor employing unit must file with the director a petition, signed by all interested parties, within thirty (30) days after the acquisition setting out the percentage of the predecessor employer's actual contributions, regular benefit experience, annual payrolls, payment of contributions, and otherwise that should be transferred to the successor employing unit's separate account. (2) (A) If the director finds the facts substantially as represented in the petition and that all contributions due by the successor employing unit have been paid, he or she shall transfer the proportionate share of the predecessor employer's separate account to the successor employing unit. (B) Effective the date of the acquisition, the account transferred under subdivision (b)(2)(A) of this section shall become the separate account or part of the separate account, as the case may be, of the successor employing unit as if no change with respect to the proportionate share of the separate account had occurred.

(1) However, unless otherwise provided in § 11-10-723 , if any employing unit acquires a segregable and identifiable portion of the business of any employer, whether the acquiring employing unit was an employing unit within the meaning of § 11-10-208 prior to the acquisition, and whether the acquisition is the result of reorganization, purchase, inheritance, receivership, or for any other cause, and if the successor employing unit desires to obtain any benefit of the predecessor employer's experience, the successor employing unit must file with the director a petition, signed by all interested parties, within thirty (30) days after the acquisition setting out the percentage of the predecessor employer's actual contributions, regular benefit experience, annual payrolls, payment of contributions, and otherwise that should be transferred to the successor employing unit's separate account.

(2) (A) If the director finds the facts substantially as represented in the petition and that all contributions due by the successor employing unit have been paid, he or she shall transfer the proportionate share of the predecessor employer's separate account to the successor employing unit. (B) Effective the date of the acquisition, the account transferred under subdivision (b)(2)(A) of this section shall become the separate account or part of the separate account, as the case may be, of the successor employing unit as if no change with respect to the proportionate share of the separate account had occurred.

(A) If the director finds the facts substantially as represented in the petition and that all contributions due by the successor employing unit have been paid, he or she shall transfer the proportionate share of the predecessor employer's separate account to the successor employing unit.

(B) Effective the date of the acquisition, the account transferred under subdivision (b)(2)(A) of this section shall become the separate account or part of the separate account, as the case may be, of the successor employing unit as if no change with respect to the proportionate share of the separate account had occurred.

(c) (1) Following a transfer as described in subsection (a) or subsection (b) of this section, the contribution rate of the successor employing unit shall be determined as follows: (A) If the successor employing unit is an employer as defined in § 11-10-209 at the time of the transfer and has been assigned a contribution rate under this section, the successor employing unit shall continue to pay contributions at the previously assigned contribution rate through the end of the rate year; (B) If the successor employing unit is not an employer as defined in § 11-10-209 at the time of the transfer and acquires the business of one (1) employer or the businesses of two (2) or more employers with the same contribution rate, the successor employing unit shall pay contributions at the contribution rate assigned to the predecessor employer or employers from the date the transfer occurred through the end of the rate year; and (C) If the successor employing unit is not an employer as defined in § 11-10-209 at the time of the transfer and simultaneously acquires the businesses of two (2) or more employers with different rates of contributions, the successor employing unit's contribution rate from the date the transfer occurred through the end of the rate year shall be computed on the combined experience of the predecessor employers as of the regular computation date for the rate year in which the transfer occurred. (2) (A) From and after the end of the rate year in which the transfer occurred, the successor employing unit's rate of contribution for each rate year following the transfer shall be based on the successor employing unit's experience combined with the experience of the predecessor employer or employers as of the regular computation date for the rate year. (B) However, if at the regular computation date the successor employing unit and the predecessor employer or employers have less than three (3) years of benefit risk as defined in § 11-10-707(d) : (i) The contribution rate shall be the new employer contribution rate as set forth in § 11-10-704(b)(2) ; and (ii) The three (3) years of benefit risk shall be calculated using the established new employer calculation date of the successor employing unit or the calculation date of the predecessor employer or employers, whichever date is the earliest.

(1) Following a transfer as described in subsection (a) or subsection (b) of this section, the contribution rate of the successor employing unit shall be determined as follows: (A) If the successor employing unit is an employer as defined in § 11-10-209 at the time of the transfer and has been assigned a contribution rate under this section, the successor employing unit shall continue to pay contributions at the previously assigned contribution rate through the end of the rate year; (B) If the successor employing unit is not an employer as defined in § 11-10-209 at the time of the transfer and acquires the business of one (1) employer or the businesses of two (2) or more employers with the same contribution rate, the successor employing unit shall pay contributions at the contribution rate assigned to the predecessor employer or employers from the date the transfer occurred through the end of the rate year; and (C) If the successor employing unit is not an employer as defined in § 11-10-209 at the time of the transfer and simultaneously acquires the businesses of two (2) or more employers with different rates of contributions, the successor employing unit's contribution rate from the date the transfer occurred through the end of the rate year shall be computed on the combined experience of the predecessor employers as of the regular computation date for the rate year in which the transfer occurred.

(A) If the successor employing unit is an employer as defined in § 11-10-209 at the time of the transfer and has been assigned a contribution rate under this section, the successor employing unit shall continue to pay contributions at the previously assigned contribution rate through the end of the rate year;

(B) If the successor employing unit is not an employer as defined in § 11-10-209 at the time of the transfer and acquires the business of one (1) employer or the businesses of two (2) or more employers with the same contribution rate, the successor employing unit shall pay contributions at the contribution rate assigned to the predecessor employer or employers from the date the transfer occurred through the end of the rate year; and

(C) If the successor employing unit is not an employer as defined in § 11-10-209 at the time of the transfer and simultaneously acquires the businesses of two (2) or more employers with different rates of contributions, the successor employing unit's contribution rate from the date the transfer occurred through the end of the rate year shall be computed on the combined experience of the predecessor employers as of the regular computation date for the rate year in which the transfer occurred.

(2) (A) From and after the end of the rate year in which the transfer occurred, the successor employing unit's rate of contribution for each rate year following the transfer shall be based on the successor employing unit's experience combined with the experience of the predecessor employer or employers as of the regular computation date for the rate year. (B) However, if at the regular computation date the successor employing unit and the predecessor employer or employers have less than three (3) years of benefit risk as defined in § 11-10-707(d) : (i) The contribution rate shall be the new employer contribution rate as set forth in § 11-10-704(b)(2) ; and (ii) The three (3) years of benefit risk shall be calculated using the established new employer calculation date of the successor employing unit or the calculation date of the predecessor employer or employers, whichever date is the earliest.

(A) From and after the end of the rate year in which the transfer occurred, the successor employing unit's rate of contribution for each rate year following the transfer shall be based on the successor employing unit's experience combined with the experience of the predecessor employer or employers as of the regular computation date for the rate year.

(B) However, if at the regular computation date the successor employing unit and the predecessor employer or employers have less than three (3) years of benefit risk as defined in § 11-10-707(d) : (i) The contribution rate shall be the new employer contribution rate as set forth in § 11-10-704(b)(2) ; and (ii) The three (3) years of benefit risk shall be calculated using the established new employer calculation date of the successor employing unit or the calculation date of the predecessor employer or employers, whichever date is the earliest.

(i) The contribution rate shall be the new employer contribution rate as set forth in § 11-10-704(b)(2) ; and

(ii) The three (3) years of benefit risk shall be calculated using the established new employer calculation date of the successor employing unit or the calculation date of the predecessor employer or employers, whichever date is the earliest.

(d) (1) (A) The director shall give notice of the determination he or she makes under subsection (a) or subsection (b) of this section to the predecessor employer unless the predecessor employer has consented to the transfer of experience and to the successor employing unit. (B) The notice shall become conclusive and binding upon each employing unit unless, within twenty (20) days after the mailing date of the notice to the employing unit's last known mailing address, an application for review and redetermination is filed with the director setting forth the employing unit's reasons for seeking a review and redetermination. (2) (A) (i) (a) The director may deny the application if he or she finds the reasons set forth by the employing unit making application for review and redetermination are insufficient to change his or her determination. (b) Otherwise, the application for review and redetermination shall be granted, and the director shall make a redetermination. (ii) The director may issue a redetermination within one (1) year of the original determination if, through his or her own investigation, he or she finds the original determination to be in error. (B) The director shall promptly notify the parties to the review and redetermination of his or her decision by mailing the denial of redetermination to their last known addresses. (C) The denial of an application for review and redetermination is final and conclusive as of the mailing date of the director's notification. (3) A party to a review and redetermination under subdivision (d)(2) of this section may appeal from the determination or redetermination of the director by filing a petition with the clerk of the circuit court in the county of the party's residence, if the residence is in Arkansas, or the clerk of the Pulaski County Circuit Court, Arkansas, within thirty (30) days of the mailing date of the director's notice of determination or redetermination.

(1) (A) The director shall give notice of the determination he or she makes under subsection (a) or subsection (b) of this section to the predecessor employer unless the predecessor employer has consented to the transfer of experience and to the successor employing unit. (B) The notice shall become conclusive and binding upon each employing unit unless, within twenty (20) days after the mailing date of the notice to the employing unit's last known mailing address, an application for review and redetermination is filed with the director setting forth the employing unit's reasons for seeking a review and redetermination.

(A) The director shall give notice of the determination he or she makes under subsection (a) or subsection (b) of this section to the predecessor employer unless the predecessor employer has consented to the transfer of experience and to the successor employing unit.

(B) The notice shall become conclusive and binding upon each employing unit unless, within twenty (20) days after the mailing date of the notice to the employing unit's last known mailing address, an application for review and redetermination is filed with the director setting forth the employing unit's reasons for seeking a review and redetermination.

(2) (A) (i) (a) The director may deny the application if he or she finds the reasons set forth by the employing unit making application for review and redetermination are insufficient to change his or her determination. (b) Otherwise, the application for review and redetermination shall be granted, and the director shall make a redetermination. (ii) The director may issue a redetermination within one (1) year of the original determination if, through his or her own investigation, he or she finds the original determination to be in error. (B) The director shall promptly notify the parties to the review and redetermination of his or her decision by mailing the denial of redetermination to their last known addresses. (C) The denial of an application for review and redetermination is final and conclusive as of the mailing date of the director's notification.

(A) (i) (a) The director may deny the application if he or she finds the reasons set forth by the employing unit making application for review and redetermination are insufficient to change his or her determination. (b) Otherwise, the application for review and redetermination shall be granted, and the director shall make a redetermination. (ii) The director may issue a redetermination within one (1) year of the original determination if, through his or her own investigation, he or she finds the original determination to be in error.

(i) (a) The director may deny the application if he or she finds the reasons set forth by the employing unit making application for review and redetermination are insufficient to change his or her determination. (b) Otherwise, the application for review and redetermination shall be granted, and the director shall make a redetermination.

(a) The director may deny the application if he or she finds the reasons set forth by the employing unit making application for review and redetermination are insufficient to change his or her determination.

(b) Otherwise, the application for review and redetermination shall be granted, and the director shall make a redetermination.

(ii) The director may issue a redetermination within one (1) year of the original determination if, through his or her own investigation, he or she finds the original determination to be in error.

(B) The director shall promptly notify the parties to the review and redetermination of his or her decision by mailing the denial of redetermination to their last known addresses.

(C) The denial of an application for review and redetermination is final and conclusive as of the mailing date of the director's notification.

(3) A party to a review and redetermination under subdivision (d)(2) of this section may appeal from the determination or redetermination of the director by filing a petition with the clerk of the circuit court in the county of the party's residence, if the residence is in Arkansas, or the clerk of the Pulaski County Circuit Court, Arkansas, within thirty (30) days of the mailing date of the director's notice of determination or redetermination.

Amended by Act 2019, No. 910,§ 292, eff. 7/1/2019.

Amended by Act 2013, No. 1128,§ 2, eff. 8/16/2013.

Acts 1941, No. 391, § 7; 1943, No. 256, § 1; 1945, No. 8, § 1; 1947, No. 398, § 7; 1949, No. 155, § 11; 1953, No. 162, § 14; 1955, No. 395, § 26; 1959, No. 32, § 1; 1963, No. 93, § 9; 1971, No. 35, § 14; 1985, No. 8, § 11; 1985, No. 9, § 11; A.S.A. 1947, § 81-1108; Acts 1991, No. 48, § 9; 1991, No. 100, § 43; 2003, No. 1223, § 12; 2005, No. 902, § 10; 2007, No. 490, § 14.
Ark. Code Ann. § 11-10-608 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-608
Modification of an approved plan
Status: in_force

(a) An operational, approved, shared work plan may be modified by the employer with the acquiescence of employee representatives if the modification is not substantial and is in conformity with the plan approved by the Director of the Division of Workforce Services, but the modifications must be reported promptly to the director. (b) (1) If the hours of work are increased or decreased substantially beyond the level in the original plan or if any other conditions are changed substantially, the director shall approve or disapprove the modifications without changing the expiration date of the original plan. (2) If the substantial modifications do not meet the requirements for approval, the director shall disallow that portion of the plan in writing as specified in § 11-10-607 . Amended by Act 2019, No. 910,§ 280, eff. 7/1/2019. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1991, No. 100, § 40.

(a) An operational, approved, shared work plan may be modified by the employer with the acquiescence of employee representatives if the modification is not substantial and is in conformity with the plan approved by the Director of the Division of Workforce Services, but the modifications must be reported promptly to the director.

(b) (1) If the hours of work are increased or decreased substantially beyond the level in the original plan or if any other conditions are changed substantially, the director shall approve or disapprove the modifications without changing the expiration date of the original plan. (2) If the substantial modifications do not meet the requirements for approval, the director shall disallow that portion of the plan in writing as specified in § 11-10-607 .

(1) If the hours of work are increased or decreased substantially beyond the level in the original plan or if any other conditions are changed substantially, the director shall approve or disapprove the modifications without changing the expiration date of the original plan.

(2) If the substantial modifications do not meet the requirements for approval, the director shall disallow that portion of the plan in writing as specified in § 11-10-607 .

Amended by Act 2019, No. 910,§ 280, eff. 7/1/2019.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1991, No. 100, § 40.
Ark. Code Ann. § 11-9-508 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-508
Medical services and supplies - Liability of employer - Definition
Status: in_force

(a) (1) The employer shall promptly provide for an injured employee such medical, surgical, hospital, chiropractic, optometric, podiatric, and nursing services and medicine, crutches, ambulatory devices, artificial limbs, eyeglasses, contact lenses, hearing aids, and other apparatus as may be reasonably necessary in connection with the injury received by the employee. (2) (A) Rabies is a highly contagious and potentially deadly infectious disease, and exposure to rabies and the risk of infection is the direct result of an injury caused by the bite of a rabies-infected animal under this section. (B) (i) An employer shall promptly provide reasonably necessary medical treatment to an injured employee who is exposed to rabies as described in subdivision (a)(2)(A) of this section. (ii) As used in subdivision (a)(2)(B)(i) of this section, "reasonably necessary medical treatment" means without limitation any diagnostic and preventive measures prescribed for detection, diagnosis, and prevention of rabies. (b) If the employer fails to provide the medical services set out in subsection (a) of this section within a reasonable time after knowledge of the injury, the Workers' Compensation Commission may direct that the injured employee obtain the medical service at the expense of the employer, and any emergency treatment afforded the injured employee shall be at the expense of the employer. In no circumstance may an employee, his or her family, or dependents, be billed or charged for any portion of the cost of providing the benefits to which he or she is entitled under this chapter. (c) In order to help control the cost of medical benefits, the commission, on or before July 1, 1994, following a public hearing and with the assistance and cooperation of the State Insurance Department, is authorized and directed to establish appropriate rules to establish and implement a system of managed health care for the State of Arkansas. (d) For the purpose of establishing and implementing a system of managed health care, the commission is authorized to: (1) Develop rules for the certification of managed care entities to provide managed care to injured workers; (2) Develop rules for peer review, service utilization, and resolution of medical disputes; (3) Prohibit "balance billing" from the employee, employer, or carrier; (4) (A) Establish fees for medical services as provided in Workers' Compensation Commission Rule 30 and its amendments. (B) The commission shall make no distinction in approving fees from different classes of medical service providers or healthcare providers for provision of the same or essentially similar medical services or healthcare services as specified in this section; and (5) (A) Give the employer the right to choose the initial treating physician, with the injured employee having the right to petition the commission for a one-time-only change of physician to one who is associated with a managed care entity certified by the commission or is the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a certified managed care entity for any specialized treatment, including physical therapy, and only if such primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer. (B) A petition for change of physician shall be expedited by the commission. (e) Any section or subsection of this chapter notwithstanding, the injured employee shall have direct access to any optometric or ophthalmologic medical service provider who agrees to provide services under the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer for the treatment and management of eye injuries or conditions. Such optometric or ophthalmologic medical service provider shall be considered a certified provider by the commission. (f) The commission is authorized to promulgate any other rules as may be necessary to carry out the provisions of this section and its purpose of controlling medical costs through the establishment of a managed care system. Amended by Act 2019, No. 315,§ 791, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 790, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 789, eff. 7/24/2019. Amended by Act 2017, No. 658,§ 1, eff. 8/1/2017. Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311; Acts 1993, No. 796, § 19; 2003, No. 1473, § 23; 2009, No. 653, § 1.

(a) (1) The employer shall promptly provide for an injured employee such medical, surgical, hospital, chiropractic, optometric, podiatric, and nursing services and medicine, crutches, ambulatory devices, artificial limbs, eyeglasses, contact lenses, hearing aids, and other apparatus as may be reasonably necessary in connection with the injury received by the employee. (2) (A) Rabies is a highly contagious and potentially deadly infectious disease, and exposure to rabies and the risk of infection is the direct result of an injury caused by the bite of a rabies-infected animal under this section. (B) (i) An employer shall promptly provide reasonably necessary medical treatment to an injured employee who is exposed to rabies as described in subdivision (a)(2)(A) of this section. (ii) As used in subdivision (a)(2)(B)(i) of this section, "reasonably necessary medical treatment" means without limitation any diagnostic and preventive measures prescribed for detection, diagnosis, and prevention of rabies.

(1) The employer shall promptly provide for an injured employee such medical, surgical, hospital, chiropractic, optometric, podiatric, and nursing services and medicine, crutches, ambulatory devices, artificial limbs, eyeglasses, contact lenses, hearing aids, and other apparatus as may be reasonably necessary in connection with the injury received by the employee.

(2) (A) Rabies is a highly contagious and potentially deadly infectious disease, and exposure to rabies and the risk of infection is the direct result of an injury caused by the bite of a rabies-infected animal under this section. (B) (i) An employer shall promptly provide reasonably necessary medical treatment to an injured employee who is exposed to rabies as described in subdivision (a)(2)(A) of this section. (ii) As used in subdivision (a)(2)(B)(i) of this section, "reasonably necessary medical treatment" means without limitation any diagnostic and preventive measures prescribed for detection, diagnosis, and prevention of rabies.

(A) Rabies is a highly contagious and potentially deadly infectious disease, and exposure to rabies and the risk of infection is the direct result of an injury caused by the bite of a rabies-infected animal under this section.

(B) (i) An employer shall promptly provide reasonably necessary medical treatment to an injured employee who is exposed to rabies as described in subdivision (a)(2)(A) of this section. (ii) As used in subdivision (a)(2)(B)(i) of this section, "reasonably necessary medical treatment" means without limitation any diagnostic and preventive measures prescribed for detection, diagnosis, and prevention of rabies.

(i) An employer shall promptly provide reasonably necessary medical treatment to an injured employee who is exposed to rabies as described in subdivision (a)(2)(A) of this section.

(ii) As used in subdivision (a)(2)(B)(i) of this section, "reasonably necessary medical treatment" means without limitation any diagnostic and preventive measures prescribed for detection, diagnosis, and prevention of rabies.

(b) If the employer fails to provide the medical services set out in subsection (a) of this section within a reasonable time after knowledge of the injury, the Workers' Compensation Commission may direct that the injured employee obtain the medical service at the expense of the employer, and any emergency treatment afforded the injured employee shall be at the expense of the employer. In no circumstance may an employee, his or her family, or dependents, be billed or charged for any portion of the cost of providing the benefits to which he or she is entitled under this chapter.

(c) In order to help control the cost of medical benefits, the commission, on or before July 1, 1994, following a public hearing and with the assistance and cooperation of the State Insurance Department, is authorized and directed to establish appropriate rules to establish and implement a system of managed health care for the State of Arkansas.

(d) For the purpose of establishing and implementing a system of managed health care, the commission is authorized to: (1) Develop rules for the certification of managed care entities to provide managed care to injured workers; (2) Develop rules for peer review, service utilization, and resolution of medical disputes; (3) Prohibit "balance billing" from the employee, employer, or carrier; (4) (A) Establish fees for medical services as provided in Workers' Compensation Commission Rule 30 and its amendments. (B) The commission shall make no distinction in approving fees from different classes of medical service providers or healthcare providers for provision of the same or essentially similar medical services or healthcare services as specified in this section; and (5) (A) Give the employer the right to choose the initial treating physician, with the injured employee having the right to petition the commission for a one-time-only change of physician to one who is associated with a managed care entity certified by the commission or is the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a certified managed care entity for any specialized treatment, including physical therapy, and only if such primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer. (B) A petition for change of physician shall be expedited by the commission.

(1) Develop rules for the certification of managed care entities to provide managed care to injured workers;

(2) Develop rules for peer review, service utilization, and resolution of medical disputes;

(3) Prohibit "balance billing" from the employee, employer, or carrier;

(4) (A) Establish fees for medical services as provided in Workers' Compensation Commission Rule 30 and its amendments. (B) The commission shall make no distinction in approving fees from different classes of medical service providers or healthcare providers for provision of the same or essentially similar medical services or healthcare services as specified in this section; and

(A) Establish fees for medical services as provided in Workers' Compensation Commission Rule 30 and its amendments.

(B) The commission shall make no distinction in approving fees from different classes of medical service providers or healthcare providers for provision of the same or essentially similar medical services or healthcare services as specified in this section; and

(5) (A) Give the employer the right to choose the initial treating physician, with the injured employee having the right to petition the commission for a one-time-only change of physician to one who is associated with a managed care entity certified by the commission or is the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a certified managed care entity for any specialized treatment, including physical therapy, and only if such primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer. (B) A petition for change of physician shall be expedited by the commission.

(A) Give the employer the right to choose the initial treating physician, with the injured employee having the right to petition the commission for a one-time-only change of physician to one who is associated with a managed care entity certified by the commission or is the regular treating physician of the employee who maintains the employee's medical records and with whom the employee has a bona fide doctor-patient relationship demonstrated by a history of regular treatment prior to the onset of the compensable injury, but only if the primary care physician agrees to refer the employee to a certified managed care entity for any specialized treatment, including physical therapy, and only if such primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer.

(B) A petition for change of physician shall be expedited by the commission.

(e) Any section or subsection of this chapter notwithstanding, the injured employee shall have direct access to any optometric or ophthalmologic medical service provider who agrees to provide services under the rules, terms, and conditions regarding services performed by the managed care entity initially chosen by the employer for the treatment and management of eye injuries or conditions. Such optometric or ophthalmologic medical service provider shall be considered a certified provider by the commission.

(f) The commission is authorized to promulgate any other rules as may be necessary to carry out the provisions of this section and its purpose of controlling medical costs through the establishment of a managed care system.

Amended by Act 2019, No. 315,§ 791, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 790, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 789, eff. 7/24/2019.

Amended by Act 2017, No. 658,§ 1, eff. 8/1/2017.

Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311; Acts 1993, No. 796, § 19; 2003, No. 1473, § 23; 2009, No. 653, § 1.
Ark. Code Ann. § 11-2-114 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-114
Judicial review of rules
Status: in_force

(a) (1) Any person aggrieved by a rule of the Director of the Division of Labor made pursuant to § 11-2-112 may commence an action in the Pulaski County Circuit Court against the Division of Labor, as defendant, to set aside the rule on the ground that it is unlawful or unreasonable. (2) The action and the pleadings shall be governed by the laws and rules of practice applicable to other civil actions in the court. (3) Any action brought under this section shall be commenced within thirty (30) days from the effective date of the rule. (b) (1) All rules of the director shall be prima facie lawful and reasonable and shall not be held invalid because of any technical defect, provided there is substantial compliance with the provisions of this subchapter. (2) All rules shall be conclusively presumed to be lawful and reasonable if the action is not commenced within thirty (30) days from the date of the rule as provided in this section. Amended by Act 2019, No. 910,§ 5290, eff. 7/1/2019. Acts 1937, No. 161, § 19; Pope's Dig., § 8515; A.S.A. 1947, § 81-118.

(a) (1) Any person aggrieved by a rule of the Director of the Division of Labor made pursuant to § 11-2-112 may commence an action in the Pulaski County Circuit Court against the Division of Labor, as defendant, to set aside the rule on the ground that it is unlawful or unreasonable. (2) The action and the pleadings shall be governed by the laws and rules of practice applicable to other civil actions in the court. (3) Any action brought under this section shall be commenced within thirty (30) days from the effective date of the rule.

(1) Any person aggrieved by a rule of the Director of the Division of Labor made pursuant to § 11-2-112 may commence an action in the Pulaski County Circuit Court against the Division of Labor, as defendant, to set aside the rule on the ground that it is unlawful or unreasonable.

(2) The action and the pleadings shall be governed by the laws and rules of practice applicable to other civil actions in the court.

(3) Any action brought under this section shall be commenced within thirty (30) days from the effective date of the rule.

(b) (1) All rules of the director shall be prima facie lawful and reasonable and shall not be held invalid because of any technical defect, provided there is substantial compliance with the provisions of this subchapter. (2) All rules shall be conclusively presumed to be lawful and reasonable if the action is not commenced within thirty (30) days from the date of the rule as provided in this section.

(1) All rules of the director shall be prima facie lawful and reasonable and shall not be held invalid because of any technical defect, provided there is substantial compliance with the provisions of this subchapter.

(2) All rules shall be conclusively presumed to be lawful and reasonable if the action is not commenced within thirty (30) days from the date of the rule as provided in this section.

Amended by Act 2019, No. 910,§ 5290, eff. 7/1/2019.

Acts 1937, No. 161, § 19; Pope's Dig., § 8515; A.S.A. 1947, § 81-118.
Ark. Code Ann. § 11-14-110 — AR Code / Title 11 / Chapter 14 / Section 11-14-110
Licensure of testing laboratory
Status: in_force

(a) A laboratory may not analyze initial or confirmation test specimens unless: (1) The laboratory is licensed and approved by the Department of Health, using criteria established by the United States Department of Health and Human Services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States Department of Health and Human Services, the College of American Pathologists, or such other recognized authority approved by rule by the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission. The Department of Health may license and approve any new laboratory to analyze initial or confirmation test specimens under the provisions of this chapter and may charge a fee not to exceed two thousand dollars ($2,000) for the license and approval of the new laboratory; and (2) The laboratory complies with the procedures established by the United States Department of Transportation for a workplace drug test program or such other recognized authority approved by the director. (3) The fees set forth in this section shall be cash funds of the Department of Health and shall be deposited as provided in § 19-4-801 et seq. (b) Confirmation tests may be conducted only by a laboratory that meets the requirements of subsection (a) of this section and is certified by either the Substance Abuse and Mental Health Services Administration or the Forensic Urine Testing Accreditation Programs of the College of American Pathologists. Acts 1999, No. 1552, § 10.

(a) A laboratory may not analyze initial or confirmation test specimens unless: (1) The laboratory is licensed and approved by the Department of Health, using criteria established by the United States Department of Health and Human Services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States Department of Health and Human Services, the College of American Pathologists, or such other recognized authority approved by rule by the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission. The Department of Health may license and approve any new laboratory to analyze initial or confirmation test specimens under the provisions of this chapter and may charge a fee not to exceed two thousand dollars ($2,000) for the license and approval of the new laboratory; and (2) The laboratory complies with the procedures established by the United States Department of Transportation for a workplace drug test program or such other recognized authority approved by the director. (3) The fees set forth in this section shall be cash funds of the Department of Health and shall be deposited as provided in § 19-4-801 et seq.

(1) The laboratory is licensed and approved by the Department of Health, using criteria established by the United States Department of Health and Human Services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States Department of Health and Human Services, the College of American Pathologists, or such other recognized authority approved by rule by the Director of the Workers' Health and Safety Division of the Workers' Compensation Commission. The Department of Health may license and approve any new laboratory to analyze initial or confirmation test specimens under the provisions of this chapter and may charge a fee not to exceed two thousand dollars ($2,000) for the license and approval of the new laboratory; and

(2) The laboratory complies with the procedures established by the United States Department of Transportation for a workplace drug test program or such other recognized authority approved by the director.

(3) The fees set forth in this section shall be cash funds of the Department of Health and shall be deposited as provided in § 19-4-801 et seq.

(b) Confirmation tests may be conducted only by a laboratory that meets the requirements of subsection (a) of this section and is certified by either the Substance Abuse and Mental Health Services Administration or the Forensic Urine Testing Accreditation Programs of the College of American Pathologists.

Acts 1999, No. 1552, § 10.
Ark. Code Ann. § 11-9-702 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-702
Filing of claims
Status: in_force

(a) Time for Filing. (1) A claim for compensation for disability on account of an injury, other than an occupational disease and occupational infection, shall be barred unless filed with the Workers' Compensation Commission within two (2) years from the date of the compensable injury. If during the two-year period following the filing of the claim the claimant receives no weekly benefit compensation and receives no medical treatment resulting from the alleged injury, the claim shall be barred thereafter. For purposes of this section, the date of the compensable injury shall be defined as the date an injury is caused by an accident as set forth in § 11-9-102(4) . (2) (A) A claim for compensation for disability on account of injury which is either an occupational disease or occupational infection shall be barred unless filed with the commission within two (2) years from the date of the last injurious exposure to the hazards of the disease or infection. (B) However, a claim for compensation for disability on account of silicosis or asbestosis must be filed with the commission within one (1) year after the time of disablement, and the disablement must occur within three (3) years from the date of the last injurious exposure to the hazard of silicosis or asbestosis. (C) Also, a claim for compensation for disability on account of a disease condition caused by exposure to X rays, radioactive substances, or ionizing radiation only must be filed with the commission within two (2) years from the date the condition is made known to an employee following examination and diagnosis by a medical doctor. (3) A claim for compensation on account of death shall be barred unless filed with the commission within two (2) years of the date of such a death. (4) If within six (6) months after the filing of a claim for compensation no bona fide request for a hearing has been made with respect to the claim, the claim may, upon motion and after hearing, be dismissed without prejudice to the refiling of the claim within limitation periods specified in subdivisions (a)(1)-(3) of this section. (b) Time for Filing Additional Compensation. (1) In cases in which any compensation, including disability or medical, has been paid on account of injury, a claim for additional compensation shall be barred unless filed with the commission within one (1) year from the date of the last payment of compensation or two (2) years from the date of the injury, whichever is greater. (2) The time limitations of this subsection shall not apply to claims for the replacement of medicine, crutches, ambulatory devices, artificial limbs, eyeglasses, contact lenses, hearing aids, and other apparatus permanently or indefinitely required as the result of a compensable injury, when the employer or carrier previously furnished such medical supplies, but replacement of such items shall not constitute payment of compensation so as to toll the running of the statute of limitations. (c) A claim for additional compensation must specifically state that it is a claim for additional compensation. Documents which do not specifically request additional benefits shall not be considered a claim for additional compensation. (d) If within six (6) months after the filing of a claim for additional compensation no bona fide request for a hearing has been made with respect to the claim, the claim may, upon motion and after hearing, if necessary, be dismissed without prejudice to the refiling of the claim within the limitation period specified in subsection (b) of this section. (e) Failure to File. Failure to file a claim within the period prescribed in subsection (a) or (b) of this section shall not be a bar to the right unless objection to the failure is made at the first hearing on the claim in which all parties in interest have been given a reasonable notice and opportunity to be heard. (f) Persons under Disability. (1) Notwithstanding any statute of limitation provided for in this chapter, when it is established that failure to file a claim by an injured employee or his or her dependents was induced by fraud, the claim may be filed within one (1) year from the time of the discovery of the fraud. (2) Subsection (a) or (b) of this section shall not apply to a mental incompetent or minor so long as the person has no guardian or similar legal representative. The limitations prescribed in subsection (a) or (b) of this section shall apply to the mental incompetent or minor from the date of the appointment of a guardian or similar legal representative for that person, and when no guardian or similar representative has been appointed, to a minor upon obtainment of majority. (g) (1) A latent injury or condition shall not delay or toll the limitation periods specified in this section. (2) However, this subsection shall not apply to the limitation period for occupational diseases specified in subdivision (a)(2) of this section. (h) (1) The purpose of this section is to provide for a timely hearing on claims for benefits. (2) The purpose and intent of this section also includes the annulment of any case law inconsistent with this section. Init. Meas. 1948, No. 4, § 18, Acts 1949, p. 1420; Acts 1963, No. 539, § 3; Init. Meas. 1968, No. 1, § 5, Acts 1969; Acts 1979, No. 108, § 1; 1981, No. 290, § 6; 1986 (2nd Ex. Sess.), No. 10, § 8; A.S.A. 1947, § 81-1318; Acts 1993, No. 796, § 27.

(a) Time for Filing. (1) A claim for compensation for disability on account of an injury, other than an occupational disease and occupational infection, shall be barred unless filed with the Workers' Compensation Commission within two (2) years from the date of the compensable injury. If during the two-year period following the filing of the claim the claimant receives no weekly benefit compensation and receives no medical treatment resulting from the alleged injury, the claim shall be barred thereafter. For purposes of this section, the date of the compensable injury shall be defined as the date an injury is caused by an accident as set forth in § 11-9-102(4) . (2) (A) A claim for compensation for disability on account of injury which is either an occupational disease or occupational infection shall be barred unless filed with the commission within two (2) years from the date of the last injurious exposure to the hazards of the disease or infection. (B) However, a claim for compensation for disability on account of silicosis or asbestosis must be filed with the commission within one (1) year after the time of disablement, and the disablement must occur within three (3) years from the date of the last injurious exposure to the hazard of silicosis or asbestosis. (C) Also, a claim for compensation for disability on account of a disease condition caused by exposure to X rays, radioactive substances, or ionizing radiation only must be filed with the commission within two (2) years from the date the condition is made known to an employee following examination and diagnosis by a medical doctor. (3) A claim for compensation on account of death shall be barred unless filed with the commission within two (2) years of the date of such a death. (4) If within six (6) months after the filing of a claim for compensation no bona fide request for a hearing has been made with respect to the claim, the claim may, upon motion and after hearing, be dismissed without prejudice to the refiling of the claim within limitation periods specified in subdivisions (a)(1)-(3) of this section.

(1) A claim for compensation for disability on account of an injury, other than an occupational disease and occupational infection, shall be barred unless filed with the Workers' Compensation Commission within two (2) years from the date of the compensable injury. If during the two-year period following the filing of the claim the claimant receives no weekly benefit compensation and receives no medical treatment resulting from the alleged injury, the claim shall be barred thereafter. For purposes of this section, the date of the compensable injury shall be defined as the date an injury is caused by an accident as set forth in § 11-9-102(4) .

(2) (A) A claim for compensation for disability on account of injury which is either an occupational disease or occupational infection shall be barred unless filed with the commission within two (2) years from the date of the last injurious exposure to the hazards of the disease or infection. (B) However, a claim for compensation for disability on account of silicosis or asbestosis must be filed with the commission within one (1) year after the time of disablement, and the disablement must occur within three (3) years from the date of the last injurious exposure to the hazard of silicosis or asbestosis. (C) Also, a claim for compensation for disability on account of a disease condition caused by exposure to X rays, radioactive substances, or ionizing radiation only must be filed with the commission within two (2) years from the date the condition is made known to an employee following examination and diagnosis by a medical doctor.

(A) A claim for compensation for disability on account of injury which is either an occupational disease or occupational infection shall be barred unless filed with the commission within two (2) years from the date of the last injurious exposure to the hazards of the disease or infection.

(B) However, a claim for compensation for disability on account of silicosis or asbestosis must be filed with the commission within one (1) year after the time of disablement, and the disablement must occur within three (3) years from the date of the last injurious exposure to the hazard of silicosis or asbestosis.

(C) Also, a claim for compensation for disability on account of a disease condition caused by exposure to X rays, radioactive substances, or ionizing radiation only must be filed with the commission within two (2) years from the date the condition is made known to an employee following examination and diagnosis by a medical doctor.

(3) A claim for compensation on account of death shall be barred unless filed with the commission within two (2) years of the date of such a death.

(4) If within six (6) months after the filing of a claim for compensation no bona fide request for a hearing has been made with respect to the claim, the claim may, upon motion and after hearing, be dismissed without prejudice to the refiling of the claim within limitation periods specified in subdivisions (a)(1)-(3) of this section.

(b) Time for Filing Additional Compensation. (1) In cases in which any compensation, including disability or medical, has been paid on account of injury, a claim for additional compensation shall be barred unless filed with the commission within one (1) year from the date of the last payment of compensation or two (2) years from the date of the injury, whichever is greater. (2) The time limitations of this subsection shall not apply to claims for the replacement of medicine, crutches, ambulatory devices, artificial limbs, eyeglasses, contact lenses, hearing aids, and other apparatus permanently or indefinitely required as the result of a compensable injury, when the employer or carrier previously furnished such medical supplies, but replacement of such items shall not constitute payment of compensation so as to toll the running of the statute of limitations.

(1) In cases in which any compensation, including disability or medical, has been paid on account of injury, a claim for additional compensation shall be barred unless filed with the commission within one (1) year from the date of the last payment of compensation or two (2) years from the date of the injury, whichever is greater.

(2) The time limitations of this subsection shall not apply to claims for the replacement of medicine, crutches, ambulatory devices, artificial limbs, eyeglasses, contact lenses, hearing aids, and other apparatus permanently or indefinitely required as the result of a compensable injury, when the employer or carrier previously furnished such medical supplies, but replacement of such items shall not constitute payment of compensation so as to toll the running of the statute of limitations.

(c) A claim for additional compensation must specifically state that it is a claim for additional compensation. Documents which do not specifically request additional benefits shall not be considered a claim for additional compensation.

(d) If within six (6) months after the filing of a claim for additional compensation no bona fide request for a hearing has been made with respect to the claim, the claim may, upon motion and after hearing, if necessary, be dismissed without prejudice to the refiling of the claim within the limitation period specified in subsection (b) of this section.

(e) Failure to File. Failure to file a claim within the period prescribed in subsection (a) or (b) of this section shall not be a bar to the right unless objection to the failure is made at the first hearing on the claim in which all parties in interest have been given a reasonable notice and opportunity to be heard.

(f) Persons under Disability. (1) Notwithstanding any statute of limitation provided for in this chapter, when it is established that failure to file a claim by an injured employee or his or her dependents was induced by fraud, the claim may be filed within one (1) year from the time of the discovery of the fraud. (2) Subsection (a) or (b) of this section shall not apply to a mental incompetent or minor so long as the person has no guardian or similar legal representative. The limitations prescribed in subsection (a) or (b) of this section shall apply to the mental incompetent or minor from the date of the appointment of a guardian or similar legal representative for that person, and when no guardian or similar representative has been appointed, to a minor upon obtainment of majority.

(1) Notwithstanding any statute of limitation provided for in this chapter, when it is established that failure to file a claim by an injured employee or his or her dependents was induced by fraud, the claim may be filed within one (1) year from the time of the discovery of the fraud.

(2) Subsection (a) or (b) of this section shall not apply to a mental incompetent or minor so long as the person has no guardian or similar legal representative. The limitations prescribed in subsection (a) or (b) of this section shall apply to the mental incompetent or minor from the date of the appointment of a guardian or similar legal representative for that person, and when no guardian or similar representative has been appointed, to a minor upon obtainment of majority.

(g) (1) A latent injury or condition shall not delay or toll the limitation periods specified in this section. (2) However, this subsection shall not apply to the limitation period for occupational diseases specified in subdivision (a)(2) of this section.

(1) A latent injury or condition shall not delay or toll the limitation periods specified in this section.

(2) However, this subsection shall not apply to the limitation period for occupational diseases specified in subdivision (a)(2) of this section.

(h) (1) The purpose of this section is to provide for a timely hearing on claims for benefits. (2) The purpose and intent of this section also includes the annulment of any case law inconsistent with this section.

(1) The purpose of this section is to provide for a timely hearing on claims for benefits.

(2) The purpose and intent of this section also includes the annulment of any case law inconsistent with this section.

Init. Meas. 1948, No. 4, § 18, Acts 1949, p. 1420; Acts 1963, No. 539, § 3; Init. Meas. 1968, No. 1, § 5, Acts 1969; Acts 1979, No. 108, § 1; 1981, No. 290, § 6; 1986 (2nd Ex. Sess.), No. 10, § 8; A.S.A. 1947, § 81-1318; Acts 1993, No. 796, § 27.
Ark. Code Ann. § 11-9-502 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-502
Limitations on compensation - Exceptions
Status: in_force

(a) The benefits shall be paid for a period not to exceed four hundred fifty (450) weeks of disability, except that this limitation shall not apply in cases of permanent total disability or death. (b) (1) (A) For injuries occurring on or after March 1, 1981, but on or before December 31, 2007, and a claim for death or permanent total disability benefits filed on or before June 30, 2019, the first seventy-five thousand dollars ($75,000) of weekly benefits for death or permanent total disability shall be paid by the employer or its insurance carrier in the manner provided in this chapter. (B) For injuries occurring on or after January 1, 2008, and a claim for death or permanent total disability benefits filed on or before June 30, 2019, the employer or its insurance carrier shall pay weekly benefits for death or permanent total disability not to exceed three hundred twenty-five (325) times the maximum total disability rate established for the date of the injury under this chapter. (2) (A) An employee or a dependent of an employee who has filed a claim for death or permanent total disability benefits on or before June 30, 2019, and who receives a total of seventy-five thousand dollars ($75,000) in weekly benefits for injuries sustained on or before December 31, 2007, shall be eligible to continue to draw benefits at the rates prescribed in this chapter, but all benefits in excess of seventy-five thousand dollars ($75,000) shall be payable from the Death and Permanent Total Disability Trust Fund. (B) An employee or a dependent of an employee who has filed a claim for death or permanent total disability benefits on or before June 30, 2019, and who receives the maximum amount specified in subdivision (b)(1)(B) of this section shall be eligible to continue to draw benefits at the rates prescribed by this chapter payable from the trust fund. (3) The trust fund shall consist of such funds as may be prescribed by law and shall be administered, invested, and disbursed by the Workers' Compensation Commission. (4) Each employer or the insurance carrier of the employer in each case of death of an employee where there are no dependents shall pay into the trust fund the sum of five hundred dollars ($500). (c) (1) A claim against the trust fund shall not be filed later than June 30, 2019, regardless of the date of injury or death, or otherwise. (2) The trust fund is not liable for a claim for permanent total disability or death filed after June 30, 2019. (3) For a claim for permanent total disability or death filed after June 30, 2019, the employer at the time of the employee's compensable injury is liable for permanent total disability or death benefits under this chapter, excluding this section and any claim pending under § 11-9-525 on June 30, 2019. (4) Upon satisfaction of the liabilities of the trust fund, the trust fund shall be terminated. Amended by Act 2016EX3, No. 5,§ 6, eff. 8/22/2016. Amended by Act 2016EX3, No. 4,§ 6, eff. 8/22/2016. Amended by Act 2016EX3, No. 5,§ 5, eff. 8/22/2016. Amended by Act 2016EX3, No. 4,§ 5, eff. 8/22/2016. Init. Meas. 1948, No. 4, § 10, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 1, Acts 1957; Init. Meas. 1968, No. 1, § 1, Acts 1969; Acts 1973, No. 221, § 1; 1979, No. 253, § 2; 1981, No. 290, § 2; 1986 (2nd Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 81-1310; Acts 2007, No. 1599, § 1.

(a) The benefits shall be paid for a period not to exceed four hundred fifty (450) weeks of disability, except that this limitation shall not apply in cases of permanent total disability or death.

(b) (1) (A) For injuries occurring on or after March 1, 1981, but on or before December 31, 2007, and a claim for death or permanent total disability benefits filed on or before June 30, 2019, the first seventy-five thousand dollars ($75,000) of weekly benefits for death or permanent total disability shall be paid by the employer or its insurance carrier in the manner provided in this chapter. (B) For injuries occurring on or after January 1, 2008, and a claim for death or permanent total disability benefits filed on or before June 30, 2019, the employer or its insurance carrier shall pay weekly benefits for death or permanent total disability not to exceed three hundred twenty-five (325) times the maximum total disability rate established for the date of the injury under this chapter. (2) (A) An employee or a dependent of an employee who has filed a claim for death or permanent total disability benefits on or before June 30, 2019, and who receives a total of seventy-five thousand dollars ($75,000) in weekly benefits for injuries sustained on or before December 31, 2007, shall be eligible to continue to draw benefits at the rates prescribed in this chapter, but all benefits in excess of seventy-five thousand dollars ($75,000) shall be payable from the Death and Permanent Total Disability Trust Fund. (B) An employee or a dependent of an employee who has filed a claim for death or permanent total disability benefits on or before June 30, 2019, and who receives the maximum amount specified in subdivision (b)(1)(B) of this section shall be eligible to continue to draw benefits at the rates prescribed by this chapter payable from the trust fund. (3) The trust fund shall consist of such funds as may be prescribed by law and shall be administered, invested, and disbursed by the Workers' Compensation Commission. (4) Each employer or the insurance carrier of the employer in each case of death of an employee where there are no dependents shall pay into the trust fund the sum of five hundred dollars ($500).

(1) (A) For injuries occurring on or after March 1, 1981, but on or before December 31, 2007, and a claim for death or permanent total disability benefits filed on or before June 30, 2019, the first seventy-five thousand dollars ($75,000) of weekly benefits for death or permanent total disability shall be paid by the employer or its insurance carrier in the manner provided in this chapter. (B) For injuries occurring on or after January 1, 2008, and a claim for death or permanent total disability benefits filed on or before June 30, 2019, the employer or its insurance carrier shall pay weekly benefits for death or permanent total disability not to exceed three hundred twenty-five (325) times the maximum total disability rate established for the date of the injury under this chapter.

(A) For injuries occurring on or after March 1, 1981, but on or before December 31, 2007, and a claim for death or permanent total disability benefits filed on or before June 30, 2019, the first seventy-five thousand dollars ($75,000) of weekly benefits for death or permanent total disability shall be paid by the employer or its insurance carrier in the manner provided in this chapter.

(B) For injuries occurring on or after January 1, 2008, and a claim for death or permanent total disability benefits filed on or before June 30, 2019, the employer or its insurance carrier shall pay weekly benefits for death or permanent total disability not to exceed three hundred twenty-five (325) times the maximum total disability rate established for the date of the injury under this chapter.

(2) (A) An employee or a dependent of an employee who has filed a claim for death or permanent total disability benefits on or before June 30, 2019, and who receives a total of seventy-five thousand dollars ($75,000) in weekly benefits for injuries sustained on or before December 31, 2007, shall be eligible to continue to draw benefits at the rates prescribed in this chapter, but all benefits in excess of seventy-five thousand dollars ($75,000) shall be payable from the Death and Permanent Total Disability Trust Fund. (B) An employee or a dependent of an employee who has filed a claim for death or permanent total disability benefits on or before June 30, 2019, and who receives the maximum amount specified in subdivision (b)(1)(B) of this section shall be eligible to continue to draw benefits at the rates prescribed by this chapter payable from the trust fund.

(A) An employee or a dependent of an employee who has filed a claim for death or permanent total disability benefits on or before June 30, 2019, and who receives a total of seventy-five thousand dollars ($75,000) in weekly benefits for injuries sustained on or before December 31, 2007, shall be eligible to continue to draw benefits at the rates prescribed in this chapter, but all benefits in excess of seventy-five thousand dollars ($75,000) shall be payable from the Death and Permanent Total Disability Trust Fund.

(B) An employee or a dependent of an employee who has filed a claim for death or permanent total disability benefits on or before June 30, 2019, and who receives the maximum amount specified in subdivision (b)(1)(B) of this section shall be eligible to continue to draw benefits at the rates prescribed by this chapter payable from the trust fund.

(3) The trust fund shall consist of such funds as may be prescribed by law and shall be administered, invested, and disbursed by the Workers' Compensation Commission.

(4) Each employer or the insurance carrier of the employer in each case of death of an employee where there are no dependents shall pay into the trust fund the sum of five hundred dollars ($500).

(c) (1) A claim against the trust fund shall not be filed later than June 30, 2019, regardless of the date of injury or death, or otherwise. (2) The trust fund is not liable for a claim for permanent total disability or death filed after June 30, 2019. (3) For a claim for permanent total disability or death filed after June 30, 2019, the employer at the time of the employee's compensable injury is liable for permanent total disability or death benefits under this chapter, excluding this section and any claim pending under § 11-9-525 on June 30, 2019. (4) Upon satisfaction of the liabilities of the trust fund, the trust fund shall be terminated.

(1) A claim against the trust fund shall not be filed later than June 30, 2019, regardless of the date of injury or death, or otherwise.

(2) The trust fund is not liable for a claim for permanent total disability or death filed after June 30, 2019.

(3) For a claim for permanent total disability or death filed after June 30, 2019, the employer at the time of the employee's compensable injury is liable for permanent total disability or death benefits under this chapter, excluding this section and any claim pending under § 11-9-525 on June 30, 2019.

(4) Upon satisfaction of the liabilities of the trust fund, the trust fund shall be terminated.

Amended by Act 2016EX3, No. 5,§ 6, eff. 8/22/2016.

Amended by Act 2016EX3, No. 4,§ 6, eff. 8/22/2016.

Amended by Act 2016EX3, No. 5,§ 5, eff. 8/22/2016.

Amended by Act 2016EX3, No. 4,§ 5, eff. 8/22/2016.

Init. Meas. 1948, No. 4, § 10, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 1, Acts 1957; Init. Meas. 1968, No. 1, § 1, Acts 1969; Acts 1973, No. 221, § 1; 1979, No. 253, § 2; 1981, No. 290, § 2; 1986 (2nd Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 81-1310; Acts 2007, No. 1599, § 1.