reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-503 - Violation of safety provisions

(a)
(1)
Notwithstanding any other definition of extra-hazardous employer as provided by §
11-9-409(c)
, any employer who fails to utilize the consultative safety services available through the Division of Labor, its own insurance carrier, or a private safety consultant shall be identified as an extra-hazardous employer if it is established by a preponderance of the evidence that an injury or death is caused in substantial part by the failure of the employer to comply with any Arkansas statute or official rule pertaining to the health or safety of employees or fails to follow safety consultant recommendations.
(2)
When so notified, the employer shall comply with §
11-9-409(c)(2)
-(8).
(b)
Provided, if it is established by a preponderance of the evidence that the employee is injured as a result of the employee's violation of the employer's safety rules or instructions, the provisions of this section shall not apply.
Amended by Act 2019, No. 315,§ 788, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5366, eff. 7/1/2019.
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 1975 (Extended Sess., 1976), No. 1227, § 5; 1979, No. 253, § 2; 1981, No. 290, § 2; 1986 (2nd Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 5; Acts 1993, No. 796, § 16.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-504 - Additional compensation - Illegally employed minor

(a)
Where an injury or death is sustained by a minor employed in violation of federal or state statutes pertaining to minimum ages for employment of minors, including without limitation §
11-6-101
et seq., compensation or death benefits provided for by this chapter shall be doubled.
(b)
However, the penalty shall not apply when the minor misrepresents his or her age, in writing, to the employer.
Amended by Act 2023, No. 687,§ 4, eff. 8/1/2023.
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 1975 (Extended Sess., 1976), No. 1227, § 6; 1979, No. 253, § 2; 1981, No. 290, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 6.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-505 - Additional compensation - Rehabilitation

(a)
(1)
Any employer who without reasonable cause refuses to return an employee who is injured in the course of employment to work, where suitable employment is available within the employee's physical and mental limitations, upon order of the Workers' Compensation Commission, and in addition to other benefits, shall be liable to pay to the employee the difference between benefits received and the average weekly wages lost during the period of the refusal, for a period not exceeding one (1) year.
(2)
In determining the availability of employment, the continuance in business of the employer shall be considered, and any written rules promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall control.
(b)
(1)
In addition to benefits otherwise provided for by this chapter, an employee who is entitled to receive compensation benefits for permanent disability and who has not been offered an opportunity to return to work or reemployment assistance shall be paid reasonable expenses of travel and maintenance and other necessary costs of a program of vocational rehabilitation if the commission finds that the program is reasonable in relation to the disability sustained by the employee.
(2)
The employer's responsibility for additional payments shall not exceed seventy-two (72) weeks, regardless of the length of the program requested.
(3)
The employee shall not be required to enter any program of vocational rehabilitation against his or her consent; however, no employee who waives rehabilitation or refuses to participate in or cooperate for reasonable cause with either an offered program of rehabilitation or job placement assistance shall be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment established by objective physical findings.
(4)
A request for the program, if elected by the claimant, must be filed with the commission prior to a determination of the amount of permanent disability benefits payable to the employee.
(c)
This section shall not be construed as creating an exception to the common law regarding employment at will.
(d)
The purpose and intent of this section is to place an emphasis on returning the injured worker to work, while still allowing and providing for vocational rehabilitation programs when determined appropriate by the commission.
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 1975 (Extended Sess., 1976), No. 1227, § 7; 1979, No. 253, § 2; 1981, No. 290, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 7; Acts 1993, No. 796, § 17.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-506 - Limitations on compensation - Recipients of unemployment benefits

(a)
Any other provisions of this chapter to the contrary notwithstanding, no compensation in any amount for temporary total, temporary partial, or permanent total disability shall be payable to an injured employee with respect to any week for which the injured employee receives unemployment insurance benefits under the Division of Workforce Services Law, §
11-10-101
et seq., or the unemployment insurance law of any other state.
(b)
Provided, however, if a claim for temporary total disability is controverted and later determined to be compensable, temporary total disability shall be payable to an injured employee with respect to any week for which the injured employee receives unemployment benefits but only to the extent that the temporary total disability otherwise payable exceeds the unemployment benefits.
Amended by Act 2019, No. 910,§ 171, eff. 7/1/2019.
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 1981, No. 290, § 2; A.S.A. 1947, § 81-1310; Acts 1993, No. 796, § 18.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-507 - Special project to improve safety

(a)
For the fiscal year beginning July 1, 1987, the Workers' Compensation Commission shall allocate one hundred thousand dollars ($100,000) to a special project for the following purposes:
(1)
Identification of industries or jobs having a high incidence of injuries;
(2)
Determination of the causes of injuries of which there is a high incidence; and
(3)
The provision of educational or advisory services to employers and employees designed to reduce the incidence of such injuries.
(b)
It is the intent of this section to provide information and other services to employers and employees that will improve workplace safety in the State of Arkansas.
(c)
For succeeding fiscal years, the commission shall determine to what extent the project should be funded.
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 1981, No. 290, § 2; Acts 1986 (2nd Ex. Sess.), No. 10, § 3; A.S.A. 1947, § 81-1310.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-509 - Medical services and supplies - Amounts and time periods

The amounts payable or time periods allowable for authorized medical, hospital, and other services and treatment furnished under §§
11-9-508
-
11-9-516
, unless waived by the employer-respondent or approved by the Workers' Compensation Commission and warranted by the preponderance of the evidence on the basis of the record as a whole, are:
(1)
Six (6) months if the claimant lost no compensable time from work as a result of his or her injury;
(2)
Six (6) months following the return to work by an injured employee who has been receiving authorized medical or hospital or other services or treatment;
(3)
Ten thousand dollars ($10,000) aggregate for all authorized medical, hospital, and other services and treatment, including any amounts paid under subdivisions (1) and (2) of this section.
Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-510 - Medical services and supplies - Contest of liability

The employer shall not be liable for any of the payments provided for in §§
11-9-508
-
11-9-516
in the case of a contest of liability where the Workers' Compensation Commission shall decide that the injury does not come within the provisions of this chapter.
Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; Acts 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-511 - Medical services and supplies - Physical examination

(a)
An injured employee claiming to be entitled to compensation shall submit to such physical examination and treatment by another qualified physician, designated or approved by the Workers' Compensation Commission, as the commission may require from time to time if reasonable and necessary.
(b)
The places of examination and treatment shall be reasonably convenient for the employee.
(c)
Such physician as the employee, employer, or insurance carrier may select and pay for may participate in the examination if the employee, employer, or insurance carrier so requests.
(d)
In cases where the commission directs examination or treatment, proceedings shall be suspended, and no compensation shall be payable for any period during which the employee refuses to submit to examination and treatment or otherwise obstructs the examination or treatment.
(e)
Failure of the employee to obey the order of the commission in respect to examination or treatment for a period of one (1) year from the date of suspension of compensation shall bar the right of the claimant to further compensation in respect to the injury.
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.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-512 - Medical services and supplies - Refusal to submit to operation

Except in cases of hernia, which are specifically covered by §
11-9-523
, where an injured person unreasonably refuses to submit to a surgical operation which has been advised by at least two (2) qualified physicians and where the recommended operation does not involve unreasonable risk of life or additional serious physical impairment, the Workers' Compensation Commission, in fixing the amount of compensation, may take into consideration such refusal to submit to the advised operation.
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.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-513 - Medical services and supplies - Approval of charges

(a)
All persons who render services or provide things mentioned in §§
11-9-508
-
11-9-516
shall submit the reasonableness of the charges to the Workers' Compensation Commission for its approval, and, when so approved, the charges shall be enforceable by the commission in the same manner as is provided for the enforcement of compensation payments.
(b)
However, the provisions of this section relating to charges shall not apply where a written contract exists between the employer and the person who renders the service or furnishes the things.
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.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-515 - Medical services and supplies - Spiritual treatment

(a)
When an employer and employee so agree in writing, nothing in this chapter shall be construed to prevent an employee whose injury or disability has been established in accordance with the provisions of this chapter from relying in good faith on treatment by prayer or spiritual means alone, in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof, and having nursing services appropriate therewith, without suffering loss or diminution of the compensation benefits under this chapter.
(b)
However, the employee shall submit to all physical examinations required by this chapter.
(c)
The cost of the treatment and nursing care shall be paid by the employee unless the employer agrees to make the payment.
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.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-516 - Medical services and supplies - Information furnished by provider

(a)
(1)
Every hospital or other person furnishing the injured employee with medical services shall permit its records to be copied by and shall furnish full written information to the Workers' Compensation Commission, the Workers' Compensation Fraud Investigation Unit, the employer, the carrier, and the employee or the employee's dependents.
(2)
The reasonable cost of copies as set forth in Workers' Compensation Commission Rule 30 shall be paid by the one requesting them to the healthcare or medical service provider furnishing them.
(b)
No person who in good faith pursuant to subsection (a) of this section or pursuant to rules established by the commission reports medical information shall incur legal liability for the disclosure of the information.
Amended by Act 2019, No. 315,§ 793, eff. 7/24/2019.
Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311; Acts 1993, No. 796, § 21.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-517 - Medical services and supplies - Rules

The Workers' Compensation Commission is authorized to establish rules, including schedules of maximum allowable fees for specified medical services rendered with respect to compensable injuries, for the purpose of controlling the cost of medical and hospital services and supplies provided pursuant to §§
11-9-508
-
11-9-516
.
Amended by Act 2019, No. 315,§ 794, eff. 7/24/2019.
Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1986 (2nd Ex. Sess.), No. 10, § 4; A.S.A. 1947, § 81-1311.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-518 - Weekly wages as basis for compensation

(a)
(1)
Compensation shall be computed on the average weekly wage earned by the employee under the contract of hire in force at the time of the accident and in no case shall be computed on less than a full-time workweek in the employment.
(2)
Where the injured employee was working on a piece basis, the average weekly wage shall be determined by dividing the earnings of the employee by the number of hours required to earn the wages during the period not to exceed fifty-two (52) weeks preceding the week in which the accident occurred and by multiplying this hourly wage by the number of hours in a full-time workweek in the employment.
(b)
Overtime earnings are to be added to the regular weekly wages and shall be computed by dividing the overtime earnings by the number of weeks worked by the employee in the same employment under the contract of hire in force at the time of the accident, not to exceed a period of fifty-two (52) weeks preceding the accident.
(c)
If, because of exceptional circumstances, the average weekly wage cannot be fairly and justly determined by the above formulas, the commission may determine the average weekly wage by a method that is just and fair to all parties concerned.
Init. Meas. 1948, No. 4, § 12, Acts 1949, p. 1420; A.S.A. 1947, § 81-1312.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-519 - Compensation for disability - Total disability

(a)
In case of total disability, there shall be paid to the injured employee during the continuance of the total disability sixty-six and two-thirds percent (66 2/3%) of his or her average weekly wage.
(b)
In the absence of clear and convincing proof to the contrary, the loss of both hands, both arms, both legs, both eyes, or of any two (2) thereof shall constitute permanent total disability.
(c)
In all other cases, permanent total disability shall be determined in accordance with the facts.
(d)
(1)
No more often than annually, the carrier or self-insured employer or the Death and Permanent Total Disability Trust Fund may require an injured worker receiving permanent total disability benefits to, as of the date thereof, certify on forms provided by the Workers' Compensation Commission that he or she is permanently and totally disabled and not gainfully employed.
(2)
Notice of the requirement shall be made by certified mail.
(3)
Failure of the employee to so certify within thirty (30) days after receipt of the notice shall permit the discontinuance of benefits without penalty until otherwise ordered by the commission.
(e)
(1)
"Permanent total disability" means inability, because of compensable injury or occupational disease, to earn any meaningful wages in the same or other employment.
(2)
The burden of proof shall be on the employee to prove inability to earn any meaningful wage in the same or other employment.
(f)
In considering a claim for permanent disability, the commission and the courts shall not consider the odd-lot doctrine.
(g)
(1)
(A)
The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment.
(B)
The guide shall not include pain as a basis for impairment.
(2)
The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.
Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1975 (Extended Sess., 1976), No. 1227, § 8; 1981, No. 290, § 4; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8; Acts 1993, No. 796, § 22; 1997, No. 251, § 1; 1997, No. 260, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-520 - Compensation for disability - Temporary partial disability

In case of temporary partial disability resulting in the decrease of the injured employee's average weekly wage, there shall be paid to the employee sixty-six and two-thirds percent (662/3%) of the difference between the employee's average weekly wage prior to the accident and his or her wage-earning capacity after the injury.
Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1975 (Extended Sess., 1976), No. 1227, § 8; A.S.A. 1947, § 81-1313; reen. Acts 1987, No. 1015, § 8.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-523 - Compensation for disability - Hernia

(a)
In all cases of claims for hernia, it shall be shown to the satisfaction of the Workers' Compensation Commission:
(1)
That the occurrence of the hernia immediately followed as the result of sudden effort, severe strain, or the application of force directly to the abdominal wall;
(2)
That there was severe pain in the hernial region;
(3)
That the pain caused the employee to cease work immediately;
(4)
That notice of the occurrence was given to the employer within forty-eight (48) hours thereafter; and
(5)
That the physical distress following the occurrence of the hernia was such as to require the attendance of a licensed physician within seventy-two (72) hours after the occurrence.
(b)
(1)
In every case of hernia, it shall be the duty of the employer forthwith to provide the necessary and proper medical, surgical, and hospital care and attention to effectuate a cure by radical operation of the hernia, to pay all reasonable expenses in connection therewith, and, in addition, to pay compensation not exceeding a period of twenty-six (26) weeks.
(2)
In case the employee shall refuse to permit the operation, it shall be the duty of the employer to provide all necessary first aid, medical and hospital care and service, to supply the proper and necessary truss or other mechanical appliance to enable the employee to resume work, to pay all reasonable expenses in connection therewith, and, in addition, to pay compensation not exceeding a period of thirteen (13) weeks.
(c)
In case death results within a period of one (1) year, either from the hernia or from the radical operation thereof, compensation shall be paid the dependents as provided in other death cases under this chapter.
(d)
Recurrence of the hernia following radical operation thereof shall be considered a separate hernia, and the provisions and limitations regarding the original hernia shall apply.
Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1959, No. 144, § 1; Init. Meas. 1968, No. 1, §§ 2, 3, Acts 1969; Acts 1973, No. 221, § 2; 1975, No. 288, § 1; A.S.A. 1947, § 81-1313.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-524 - Compensation for disability - Disfigurement

(a)
The Workers' Compensation Commission shall award compensation for serious and permanent facial or head disfigurement in a sum not to exceed three thousand five hundred dollars ($3,500).
(b)
No award for disfigurement shall be entered until twelve (12) months after the injury.
Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1959, No. 144, § 1; Init. Meas. 1968, No. 1, §§ 2, 3, Acts 1969; 1975 (Extended Sess., 1976), No. 1227, §§ 8-10; 1979, No. 253, § 4; 1981, No. 290, § 4; A.S.A. 1947, § 81-1313.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-526 - Compensation for disability - Refusal of employee to accept employment

If any injured employee refuses employment suitable to his or her capacity offered to or procured for him or her, he or she shall not be entitled to any compensation during the continuance of the refusal, unless in the opinion of the Workers' Compensation Commission, the refusal is justifiable.
Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; A.S.A. 1947, § 81-1313.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-528 - Employer records

(a)
Every employer shall keep a record with respect to any injury to an employee.
(b)
The record shall contain such information of disability or death with respect to the injury as the Workers' Compensation Commission may by rule require.
(c)
The record shall be available for inspection by the commission or by any state authority at such time and under such conditions as the commission may by rule prescribe.
Amended by Act 2019, No. 315,§ 795, eff. 7/24/2019.
Init. Meas. 1948, No. 4, § 33, Acts 1949, p. 1420; A.S.A. 1947, § 81-1333.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 5 - ACCIDENTAL INJURY OR DEATH (§§ 11-9-501 — 11-9-530) › Section 11-9-530 - Managed care implementation

Implementation of Workers' Compensation Commission Rule 33 regarding managed care shall be voluntary for all employers.
Acts 1997, No. 975, § 11; 1999, No. 1179, § 12.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 6 - OCCUPATIONAL DISEASE (§§ 11-9-601 — 11-9-603) › Section 11-9-603 - Practice and procedure

(a)
(1)
Except as otherwise provided in this subchapter, procedure with respect to notice of disability or death and as to the filing of claims and determination of claims shall be the same as in cases of accidental injury or death.
(2)
(A)
Written notice shall be given to the employer of an occupational disease by the employee, or someone in his or her behalf, within ninety (90) days after the first distinct manifestation thereof.
(B)
In the case of death from an occupational disease, written notice of death shall also be given to the employer within ninety (90) days thereafter.
(b)
An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced, or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or undue influence or of change of condition, and then only upon application by a party in interest made not later than one (1) year after the denial of award or, where compensation has been awarded, after the award or the date when the last payment was made under the award, except in cases of silicosis or asbestosis, where the time limit shall be two (2) years.
Init. Meas. 1948, No. 4, § 14, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 11; A.S.A. 1947, § 81-1314; reen. Acts 1987, No. 1015, § 11.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-701 - Notice of injury or death

(a)
(1)
Unless an injury either renders the employee physically or mentally unable to do so, or is made known to the employer immediately after it occurs, the employee shall report the injury to the employer on a form prescribed or approved by the Workers' Compensation Commission and to a person or at a place specified by the employer, and the employer shall not be responsible for disability, medical, or other benefits prior to receipt of the employee's report of injury.
(2)
All reporting procedures specified by the employer must be reasonable and shall afford each employee reasonable notice of the reporting requirements.
(3)
The foregoing shall not apply when an employee requires emergency medical treatment outside the employer's normal business hours; however, in that event, the employee shall cause a report of the injury to be made to the employer on the employer's next regular business day.
(b)
(1)
Failure to give the notice shall not bar any claim:
(A)
If the employer had knowledge of the injury or death;
(B)
If the employee had no knowledge that the condition or disease arose out of and in the course of the employment; or
(C)
If the commission excuses the failure on the grounds that for some satisfactory reason the notice could not be given.
(2)
Objection to failure to give notice must be made at or before the first hearing on the claim.
Init. Meas. 1948, No. 4, § 17, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 14; 1979, No. 253, § 5; 1986 (2nd Ex. Sess.), No. 10, § 7; A.S.A. 1947, § 81-1317; reen. Acts 1987, No. 1015, § 14.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-703 - Preliminary conference procedure

The Workers' Compensation Commission is authorized and directed to promulgate appropriate rules to establish and implement, for claims with respect to injuries occurring on or after January 1, 1987, a preliminary conference procedure designed to accomplish the following objectives:
(1)
To provide the claimant an opportunity to confer with a legal advisor on the staff of the commission to be advised of his or her rights under this chapter and to ensure that the rights are protected. The conference shall be held in the county where the accident occurred, if the accident occurred in this state, unless otherwise agreed to between the parties, or otherwise directed by the commission;
(2)
To provide an opportunity for, but not to compel, a binding settlement of some or all the issues present at the time;
(3)
To facilitate the resolution of issues without the expense of litigation or attorney's fees for either party;
(4)
(A)
(i)
To authorize the legal advisor to approve compromise settlements entered into at or as a result of the preliminary conference and those joint petition settlements entered into pursuant to §
11-9-805
.
(ii)
Provided, however, the same legal advisors shall not both advise the claimant and approve the joint petition.
(B)
The purpose and intent of this section is to affirm the duty of the commission to provide legal assistance, thereby reducing litigation and workers' compensation costs; and
(5)
No moneys appropriated by Acts 1987, No. 1046, or any other act shall be expended to fund preliminary conferences held pursuant to §
11-9-102
, §
11-9-205
, §§
11-9-501
-
11-9-503
, §
11-9-517
, §
11-9-521
, §
11-9-522
, §
11-9-527
, §§
11-9-701
-
11-9-704
, §
11-9-715
, §
11-9-802
, or §
11-9-804
, other than in the county where the accident occurred, if the accident occurred in this state, the county of the claimant's residence, or such other county as agreed to by the parties.
Amended by Act 2019, No. 315,§ 796, eff. 7/24/2019.
Acts 1986 (2nd Ex. Sess.), No. 10, § 11; A.S.A. 1947, § 81-1323.1; Acts 1993, No. 796, § 28; 2003, No. 227, § 10.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-706 - Conduct of proceedings - Contempt

(a)
The Workers' Compensation Commission shall have the power to preserve and enforce order during any proceeding had before it, to issue subpoenas for and administer oaths to and compel the attendance and testimony of witnesses, and require the production of books, papers, documents, and other evidence.
(b)
If any person or party in proceedings before the commission disobeys or resists any lawful order or process, or misbehaves during a hearing, or so near the place thereof so as to obstruct the hearing or neglects to produce, after having been ordered to do so, any book, paper, or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take oath as a witness, or after having taken the oath refuses to be examined according to law, or refuses to comply with any final order of an administrative law judge or the commission, or willfully refuses to pay an uncontroverted medical or related expense within forty-five (45) days after the respondent has received the statement, then the person or party, at the discretion of the administrative law judge or the commission, may be found to be in contempt of the commission and may be subject to a fine not to exceed ten thousand dollars ($10,000).
Init. Meas. 1948, No. 4, § 31, Acts 1949, p. 1420; A.S.A. 1947, § 81-1331; Acts 1995, No. 1230, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-707 - Presumptions

In any proceeding for the enforcement of a claim for compensation, the following prima facie presumptions shall exist:
(1)
That the Workers' Compensation Commission has jurisdiction;
(2)
That sufficient notice was given; and
(3)
That the injury was not occasioned by the willful intention of the injured employee to bring about the injury of himself or herself or another.
Init. Meas. 1948, No. 4, § 24, Acts 1949, p. 1420; A.S.A. 1947, § 81-1324; Acts 1993, No. 796, § 3.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-708 - Depositions

The Workers' Compensation Commission may cause depositions of witnesses to be taken in such manner as it may direct.
Init. Meas. 1948, No. 4, § 28, Acts 1949, p. 1420; A.S.A. 1947, § 81-1328.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-709 - Witness fees

Each witness who appears in obedience to a subpoena shall be entitled to the same fees as witnesses in a civil action in the circuit court.
Init. Meas. 1948, No. 4, § 29, Acts 1949, p. 1420; A.S.A. 1947, § 81-1329.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-710 - Attorneys

(a)
Where the Workers' Compensation Commission is a party to or is otherwise interested in a court proceeding under this chapter, it may employ attorneys to appear in its behalf.
(b)
If requested by the commission, it shall be the duty of the Attorney General or the prosecuting attorneys of the different circuits to represent the commission without extra compensation.
Init. Meas. 1948, No. 4, § 25, Acts 1949, p. 1420; A.S.A. 1947, § 81-1325.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-712 - Enforcement of order or award

If any employer fails to comply with a final compensation order or award, any beneficiary of the order or award, or the Workers' Compensation Commission, may file a certified copy of the order or award in the office of the circuit clerk of any county in this state where any property of the employer may be found. At that time, the circuit clerk shall enter the order or award in the judgment record of the county, and the order or award so recorded shall be a judgment and lien as are judgments of the circuit court, and enforceable as such.
Init. Meas. 1948, No. 4, § 25, Acts 1949, p. 1420; A.S.A. 1947, § 81-1325.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-713 - Modification of awards

(a)
(1)
Except where a joint petition settlement has been approved, the Workers' Compensation Commission may review any compensation order, award, or decision.
(2)
This may be done at any time within six (6) months of termination of the compensation period fixed in the original compensation order or award, upon the commission's own motion or upon the application of any party in interest, on the ground of a change in physical condition or upon proof of erroneous wage rate.
(3)
Upon the review, the commission may make an order or award terminating, continuing, decreasing, or increasing for the future the compensation previously awarded, subject to the maximum limits provided for in this chapter.
(b)
The review and subsequent order or award shall be made in accordance with the procedure prescribed in §
11-9-704
.
(c)
No review shall affect any compensation paid pursuant to a prior order or award.
(d)
The commission may, at any time, correct any clerical error in any compensation order or award.
(e)
Aging and the effects of aging on a compensable injury are not to be considered in determining whether there has been a change in physical condition. Nor shall aging or the effect of aging on a compensable injury be considered in determining permanent disability pursuant to this section or any other section in this chapter. The purpose and intent of this section is to annul any and all case law inconsistent herewith, including International Paper Co. v. Tuberville, 302 Ark. 22, 786 S.W.2d 830 (1990).
Init. Meas. 1948, No. 4, § 26, Acts 1949, p. 1420; A.S.A. 1947, § 81-1326; Acts 1993, No. 796, § 31.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-714 - Costs in proceedings brought without reasonable grounds

If the court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect to the claim or order have been instituted or continued without reasonable grounds, the cost of the proceedings shall be assessed against the party who has instituted or continued the proceedings.
Init. Meas. 1948, No. 4, § 30, Acts 1949, p. 1420; A.S.A. 1947, § 81-1330.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-716 - Lump-sum attorney's fees

(a)
The Workers' Compensation Commission is authorized to approve lump-sum attorney's fees for legal services rendered in respect of a claim before the commission.
(b)
The lump-sum attorney's fees are allowable notwithstanding that the award of compensation to the injured employee is to be paid on an installment basis.
(c)
Lump-sum attorney's fees, if approved by the commission, shall be discounted at the rate provided in §
11-9-804
, as that provision may be amended from time to time.
Acts 1979, No. 215, § 1; 1981, No. 631, § 4; A.S.A. 1947, § 81-1332.1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 7 - PROCEEDINGS BEFORE WORKERS' COMPENSATION COMMISSION (§§ 11-9-701 — 11-9-717) › Section 11-9-717 - Attorney's signature

(a)
(1)
(A)
Every claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one (1) attorney of record in his or her individual name, whose address shall be stated.
(B)
A party who is not represented by an attorney shall sign his or her claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, and state his or her address.
(2)
The signature of an attorney or party constitutes a certificate by him or her that:
(A)
He or she has read the claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper;
(B)
To the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and
(C)
It is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
(3)
If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.
(4)
If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is signed in violation of this rule, the Workers' Compensation Commission, including administrative law judges, upon motion or upon their own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, including a reasonable attorney's fee.
(b)
Appropriate sanctions, including the amount of reasonable expenses and attorney's fees, may also be imposed against a party or its attorney which, without good cause shown, fails to appear for a hearing, deposition, or any other matter scheduled by the commission or administrative law judge, or frivolously joins another party.
Acts 1993, No. 796, § 36.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 8 - PAYMENT (§§ 11-9-801 — 11-9-813) › Section 11-9-801 - Methods of payment

(a)
Compensation shall be paid by check, by electronic funds transfer, or by state warrant.
(b)
Payment shall be made payable to the order of the person entitled to the compensation and paid directly to the person entitled to the compensation.
(c)
If the compensation beneficiary is a mental incompetent or a minor of tender years or immature judgment, the Workers' Compensation Commission, in the exercise of its discretion, may direct that payment shall be made to a legally appointed guardian of the estate of the incompetent or minor.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1979, No. 253, § 6; 1981, No. 290, §§ 7-9; 1983, No. 720, § 1; A.S.A. 1947, § 81-1319; Acts 2009, No. 726, § 3.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 9 - WORKERS' COMPENSATION (§§ 11-9-101 — 11-9-1001) › Subchapter 8 - PAYMENT (§§ 11-9-801 — 11-9-813) › Section 11-9-802 - Installments

(a)
The first installment of compensation shall become due on the fifteenth day after the employer has notice of the injury or death, as provided in §
11-9-701
, on which date all compensation then accrued shall be paid. Thereafter, compensation shall be paid every two (2) weeks except where the Workers' Compensation Commission directs that installment payments be made at other periods.
(b)
If any installment of compensation payable without an award is not paid within fifteen (15) days after it becomes due, as provided in subsection (a) of this section, there shall be added to the unpaid installment an amount equal to eighteen percent (18%) thereof, which shall be paid at the same time as, but in addition to, the installment unless notice of controversion is filed or an extension is granted the employer under §
11-9-803
or unless such nonpayment is excused by the commission after a showing by the employer that, owing to conditions over which he or she had no control, the installment could not be paid within the period prescribed.
(c)
If any installment payable under the terms of an award is not paid within fifteen (15) days after it becomes due, there shall be added to such unpaid installment an amount equal to twenty percent (20%) thereof, which shall be paid at the same time as, but in addition to, the installment unless review of the compensation order making the award is had as provided in §§
11-9-711
and
11-9-712
.
(d)
Medical bills are payable within thirty (30) days after receipt by the respondent unless disputed as to compensability or amount.
(e)
In the event that the commission finds the failure to pay any benefit is willful and intentional, the penalty shall be up to thirty-six percent (36%), payable to the claimant.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1981, No. 290, § 8; 1986 (2nd Ex. Sess.), No. 10, § 9; A.S.A. 1947, § 81-1319; Acts 1993, No. 796, § 37.