reglab/housing_qa huggingface dataset:
AR Code § 11-9-105 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-105. Remedies exclusive — Exception

 (a) The rights and remedies granted to an employee subject to the provisions of this chapter, on account of injury or death, shall be exclusive of all other rights and remedies of the employee, his legal representative, dependents, next of kin, or anyone otherwise entitled to recover damages from the employer, or any principal, officer, director, stockholder, or partner acting in his or her capacity as an employer, or prime contractor of the employer, on account of the injury or death, and the negligent acts of a coemployee shall not be imputed to the employer. No role, capacity, or persona of any employer, principal, officer, director, or stockholder other than that existing in the role of employer of the employee shall be relevant for consideration for purposes of this chapter, and the remedies and rights provided by this chapter shall in fact be exclusive regardless of the multiple roles, capacities, or personas the employer may be deemed to have.  (b)  (1) However, if an employer fails to secure the payment of compensation as required by this chapter, an injured employee, or his or her legal representative in case death results from the injury, may, at his option, elect to claim compensation under this chapter or to maintain a legal action in court for damages on account of the injury or death.  (2) In such action it shall not be necessary to plead or prove freedom from contributory negligence, nor may the defendant-employer plead as a defense that the injury was caused by the negligence of a fellow servant, that the employee assumed the risk of his or her employment, or that the injury was due to the contributory negligence of the employee.
AR Code § 11-9-107 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-107. Penalties for discrimination for filing claim

 (a)  (1) Any employer who willfully discriminates in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claim for benefits under this chapter, or who in any manner obstructs or impedes the filing of claims for benefits under this chapter, shall be subject to a fine of up to ten thousand dollars ($10,000) as determined by the Workers' Compensation Commission.  (2) This fine shall be payable to the Second Injury Trust Fund and paid by the employer and not by the carrier.    (b)  (1) In addition, the prevailing party shall be entitled to recover costs and a reasonable attorney's fee payable from the fine.  (2) Provided, however, if the employee is the nonprevailing party, the attorney's fee and costs shall, at the election of the employer, be paid by the employee or deducted from future workers' compensation benefits.    (c) The employer may also be guilty of a Class D felony.  (d) This section shall not be construed as establishing an exception to the employment at will doctrine.  (e) A purpose of this section is to preserve the exclusive remedy doctrine and specifically annul any case law inconsistent herewith, including, but not necessarily limited to: Wal-Mart Stores, Inc. v. Baysinger, 306 Ark. 239, 812 S.W.2d 463 (1991); Mapco, Inc. v. Payne, 306 Ark. 198, 812 S.W.2d 483 (1991); and Thomas v. Valmac Industries, Inc., 306 Ark. 228, 812 S.W.2d 673 (1991).
AR Code § 11-9-108 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-108. Waiver of compensation void — Exception

 (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.
AR Code § 11-9-109 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-109. Agreement to pay premium void

 (a) No agreement by an employee to pay any portion of the premium paid by his or her employer to a carrier or to contribute to a safety program as provided under § 11-9-409 or a benefit fund or department maintained by the employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid.  (b) Any employer who makes a deduction for those purposes from the pay of any employee entitled to the benefits of this chapter shall be guilty of a Class D felony.
AR Code § 11-9-110 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-110. Compensation nonassignable, etc., and payable to dependents only — Child support obligations excepted — Definition

 (a) The right to compensation shall not be assignable and shall not be subject to garnishment, attachment, levy, execution, or any other legal process, except for child support obligations and moneys retained by the Division of Correction under § 12-30-406(a)(1).  (b) Money compensation to dependents of a deceased employee shall not constitute assets of the estate of the deceased employee and shall be payable to and for the benefit of the dependents alone.  (c)  (1) On or after June 30, 1993, the Workers' Compensation Commission shall forward monthly a computer tape listing the name, address, and Social Security number, if available, on all persons for whom the commission has established a file during the preceding month to the Office of Child Support Enforcement. The computer tape shall also include the name of the workers' compensation carrier and the name of the employer.  (2) The same information shall be provided to individuals who apply for the information with the commission on an individual employee to an individual certifying that they have an interest in the child support obligations of the employee on whom the information is requested.    (d)  (1) Amounts withheld from weekly compensation benefits for child support obligations shall not exceed twenty-five percent (25%) of the benefit amount.  (2) Amounts withheld from a lump-sum settlement on a joint petition for child support obligations shall not exceed fifty percent (50%) of the settlement amount.    (e) Any amount withheld under subsection (d) of this section shall be paid through the appropriate court payable to the person or agency to whom the obligation is payable.  (f) Any amount withheld pursuant to the provisions of this section shall for all purposes be treated as if it were paid to the employee as workers' compensation and paid by the employee to the person or agency to whom the obligation is payable.  (g) For purposes of this section, “child support obligations” is defined as only those support obligations that are contained in a decree or order of the circuit court which provides for the payment of money for the support and care of any child or children.
AR Code § 11-9-111 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-111. Compensation payable to certain alien dependents

 (a) Compensation to alien nonresidents of the United States or Canada shall be the same in amount as provided for residents, except that alien nonresident dependents in any foreign country shall be limited to the surviving wife or children or, if there is no surviving wife or children, to the surviving father or mother whom the employee has supported, either wholly or in part, for the period of one (1) year prior to the date of the injury.  (b) Upon its own motion or upon application of an interested party, the Workers' Compensation Commission may order the payment of all future compensation to be paid in one (1) lump sum, which shall be equal to one-half (½) of the face value of all future installments of compensation.
AR Code § 11-9-112 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-112. Preference for due compensation

 Compensation due an injured employee or his or her dependents shall have the same preference as is allowed by law to an employee for unpaid wages.
AR Code § 11-9-113 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-113. Mental injury or illness

 (a)  (1) A mental injury or illness is not a compensable injury unless it is caused by physical injury to the employee's body, and shall not be considered an injury arising out of and in the course of employment or compensable unless it is demonstrated by a preponderance of the evidence; provided, however, that this physical injury limitation shall not apply to any victim of a crime of violence.  (2) No mental injury or illness under this section shall be compensable unless it is also diagnosed by a licensed psychiatrist or psychologist and unless the diagnosis of the condition meets the criteria established in the most current issue of the Diagnostic and Statistical Manual of Mental Disorders.    (b)  (1) Notwithstanding any other provision of this chapter, where a claim is by reason of mental injury or illness, the employee shall be limited to twenty-six (26) weeks of disability benefits.  (2)  (A) In case death results directly from the mental injury or illness within a period of one (1) year, compensation shall be paid the dependents as provided in other death cases under this chapter.  (B) Death directly or indirectly related to the mental injury or illness occurring one (1) year or more from the incident resulting in the mental injury or illness shall not be a compensable injury.
AR Code § 11-9-114 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-114. Heart or lung injury or illness

 (a) A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death is a compensable injury only if, in relation to other factors contributing to the physical harm, an accident is the major cause of the physical harm.  (b)  (1) An injury or disease included in subsection (a) of this section shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the employee's usual work in the course of the employee's regular employment or, alternately, that some unusual and unpredicted incident occurred which is found to have been the major cause of the physical harm.  (2) Stress, physical or mental, shall not be considered in determining whether the employee or claimant has met his or her burden of proof.
AR Code § 11-9-115 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-115. Disclosure of child support obligations

 (a)  (1) At any time an application is made for workers' compensation, an employer shall require the applicant for compensation to state whether or not the applicant has child support obligations, if the obligations are current or past due, and to whom the obligations are payable.  (2) The application shall also include the name of the workers' compensation carrier and the name of the employer.    (b) The employer shall forward a copy of the application to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
AR Code § 11-9-116 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-116. Fund transfer to support Workers' Compensation Fraud Unit of the State Insurance Department

 (a)  (1) One (1) month before the beginning of any fiscal quarter, the Insurance Commissioner shall provide to the Workers' Compensation Commission the estimated funding need of the Workers' Compensation Fraud Investigation Unit of the State Insurance Department for the ensuing quarter.  (2) Such provided certification shall itemize each position to be utilized in the unit and funded by the commission and make estimates of all other budgetary line items necessary to provide support to the unit.  (3) This certification must deduct unexpended and unencumbered balances of the unit from the previous quarter, so that only the current need, excluding unexpended and unencumbered funds, is certified for fund transfer authorized in this section.    (b)  (1) On or before the first day of each fiscal quarter, the commission shall certify to the Chief Fiscal Officer of the State that funds are available for transfer, upon which certification the Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State shall transfer those funds from the Workers' Compensation Fund of the commission to the fund account used for the maintenance, operation, and support of the unit.  (2) The sum of the four (4) quarterly transfers in each fiscal year ending June 30 cannot exceed one hundred fifty thousand dollars ($150,000).
AR Code § 11-9-117 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-117. Carpal tunnel syndrome guidelines

 Pursuant to its rulemaking authority, the Workers' Compensation Commission shall be empowered to enact medical diagnostic and treatment guidelines regarding occupational carpal tunnel syndrome upon the joint recommendation of the Arkansas chapter of the American Federation of Labor and Congress of Industrial Organizations and the Arkansas State Chamber of Commerce.
AR Code § 11-9-118 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 1 - General Provisions|§ 11-9-118. Provider payments while claims are pending

 (a) No hospital, physician, or other healthcare provider shall bill or attempt to collect any fee or any portion of a fee for services rendered to an employee due to a work-related injury or report to any credit reporting agency any failure of the employee to make the payment, when a claim for compensation has been filed under this chapter and the hospital, physician, or healthcare provider has received actual notice given in writing by the employee or the employee's representative. Actual notice shall be deemed received by the hospital, physician, or healthcare provider five (5) days after mailing by certified mail by the employee or his or her representative to the hospital, physician, or healthcare provider.  (b) The notice shall include:  (1) The name of the employer;  (2) The name of the insurer, if known;  (3) The name of the employee receiving the services;  (4) The general nature of the injury, if known; and  (5) Where a claim has been filed, the claim number, if known.    (c) When an injury or bill is found to be noncompensable under this chapter, the hospital, physician, or other healthcare provider shall be entitled to pursue the employee for any unpaid portion of the fee or other charges for authorized services provided to the employee. Any applicable statute of limitations for an action for the fees or other charges shall be tolled from the time notice is given to the hospital, physician, or other healthcare provider until a determination of noncompensability in regard to the injury which is the basis of the services is made, or in the event that there is an appeal to the Workers' Compensation Commission, the Court of Appeals, or the Supreme Court, until a final determination of noncompensability is rendered and all appeal deadlines have passed.  (d) This section shall not avoid, modify, or amend any other section or subsection of this chapter, including, but not limited to, the prohibition against balance billing contained in § 11-9-508(d)(3) and any rules adopted thereunder.  (e) An order by the commission pursuant to this section shall stay all proceedings for collection.
AR Code § 11-9-201 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-201. Members — Appointment — Compensation

 (a)  (1) The Workers' Compensation Commission shall consist of three (3) members appointed by the Governor for terms of six (6) years who shall devote their entire time to the duties of the commission and shall administer the provisions of this chapter.  (2) One (1) member shall be an attorney who has at least five (5) years' experience representing employers in workers' compensation matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of experience as an employer and can be classed as a representative of employers.  (3) One (1) member shall be an attorney who has at least five (5) years' experience predominantly representing claimants in workers' compensation matters or employees in labor relations matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of membership in a bona fide labor organization and can be classed as a representative of employees.  (4) The third member shall be an attorney, who shall be chair of the commission and who shall have been engaged in active practice of law in the State of Arkansas for not less than five (5) years next preceding the date of his or her appointment.    (b) Each member shall receive a salary of five thousand dollars ($5,000) per annum or such other maximum salary as may be established by the Arkansas Constitution for salaries of state employees. The salaries shall be paid from the Workers' Compensation Fund and shall be paid in the manner as are salaries of other state officials or employees.  (c)  (1) When any member of the commission is disqualified for any reason to hear and participate in the determination of any matter pending before the commission, the Governor shall appoint a qualified person to hear and participate in the decision on the particular matter. The special member so appointed shall have all authority and responsibility with respect to the particular matter before the commission as if the person were a regular member of the commission but shall have no authority or responsibility with respect to any other matter before the commission.  (2) A person appointed as a special member of the commission pursuant to the provisions of this subdivision shall be entitled to receive a per diem not to exceed one hundred dollars ($100) for each day spent in attending to his or her duties as a special member of the commission. The compensation shall be paid from any funds of the commission which are available for or may legally be used for paying such per diem.
AR Code § 11-9-202 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-202. Members — Bond

 (a) The members shall give bond in the sum of ten thousand dollars ($10,000) executed by a surety company authorized to do business in the state for the faithful performance of their duties.  (b) The bond shall be approved by the Governor and kept on file in the office of the Secretary of State.  (c) Any action on the bond for breach thereof shall be instituted by the Attorney General and shall be in the name of the State of Arkansas.  (d) The premium upon the bonds shall be paid out of the Workers' Compensation Fund.
AR Code § 11-9-203 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-203. Members — Removal

 (a) The Governor may, at any time, remove any member of the Workers' Compensation Commission for inefficiency, neglect of duty, or misconduct in office, giving him or her in advance a copy of the charges preferred and an opportunity of being publicly heard, in person or by counsel, upon not less than ten (10) days' notice.  (b) A representative of the Attorney General's office shall attend the proceedings and upon the Governor's request shall advise or assist him or her therein.  (c) Either party may procure the attendance of witnesses and their testimony as is now provided by the Civil Code in ordinary actions.  (d) If a member is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the member and his or her findings, together with a complete record of the proceedings had and a transcript of testimony. It shall constitute a public record of the state.
AR Code § 11-9-204 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-204. Proceedings

 (a) Members of the Workers' Compensation Commission shall be considered as officers and shall take the oath prescribed by the Arkansas Constitution and the laws of Arkansas.  (b)  (1) A majority of the commission shall constitute a quorum for the transaction of business, and vacancies shall not impair the right of the remaining members to exercise all the powers of the full commission, so long as a majority remains.  (2) Any investigation, inquiry, or hearing which the commission is authorized to hold or undertake may be held or undertaken by or before any one (1) member of the commission, or referee acting for him or her, under authorization of the commission.    (c)  (1) The commission shall maintain and keep open, during reasonable business hours, an office in Little Rock, for the transaction of business, at which office its official records and papers shall be kept.  (2) The commission or any member of the commission may hold sessions and conduct hearings at any place within the state.    (d) The commission shall have a seal for authentication of its orders, awards, and proceedings, upon which shall be inscribed the words: “Workers' Compensation Commission, State of Arkansas”.