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 8 - PAYMENT (§§ 11-9-801 — 11-9-813) › Section 11-9-803 - Controversion of right to compensation

(a)
(1)
Each employer desiring to controvert the right to compensation shall file with the Workers' Compensation Commission on or before the fifteenth day following notice of the alleged injury or death a statement on a form prescribed by the commission that the right to compensation is controverted and the grounds therefor, the names of the claimant, employer, and carrier, if any, and the date and place of the alleged injury or death.
(2)
Failure to file the statement of controversion shall not preclude the urging of any defense to the claim subsequently filed, nor shall the filing of a statement of controversion preclude the urging of additional defenses to those contained in the statement of controversion.
(b)
(1)
If an employer is unable to obtain sufficient medical information as to the alleged injury or death within fifteen (15) days following receipt of notice, although the employer has acted in good faith and with all due diligence, the employer may apply in writing for an extension of time for making payment of the first installment or controverting the claim.
(2)
This written application is to be postmarked within the fifteen-day period.
(3)
The commission may, in its discretion, grant the extension and fix the additional time to be allowed.
(4)
Filing of application for an extension shall not be deemed to be a controversion of the claim.
(c)
The provision in subsection (b) of this section shall not apply in cases where the physician is an employee of, on retainer with, or has a written contract to provide medical services for the employer.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1981, No. 290, § 7; A.S.A. 1947, § 81-1319.
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 11-9-804 - Lump-sum settlement

(a)
(1)
Whenever the Workers' Compensation Commission determines that it is for the best interest of the parties entitled to compensation, and after due notice to all parties in interest of a hearing, the liability of the employer for compensation may be discharged by the payment of a lump sum equal to the present value of all future payments of compensation computed at ten percent (10%) discount, compounded annually.
(2)
Lump-sum settlements shall not be allowed if the employer presents evidence which proves by a preponderance of the evidence that ordering the compensation discharged in such a manner would result in a substantial adverse effect on the continuing economic viability of the employer.
(b)
(1)
The probability of the death of the injured employee or other persons entitled to compensation before the expiration of the period during which they are entitled to compensation shall, in the absence of special circumstances making such a course improper, be determined in accordance with the following table.
(2)
It is intended that this table shall be used in conjunction with the discount rate prescribed in subsection (a)(1) of this section for the purpose of calculating the present value of lump-sum settlements to injured employees.
Age
Average Remaining Lifetime
Years
Years
1
74.97
2
75.37
3
74.47
4
73.54
5
72.59
6
71.63
7
70.67
8
69.70
9
68.73
10
67.75
11
66.77
12
65.80
13
64.82
14
63.84
15
62.87
16
61.90
17
60.94
18
59.97
19
59.02
20
58.06
21
57.10
22
56.15
23
55.19
24
54.24
25
53.29
26
52.33
27
51.38
28
50.42
29
49.47
30
48.52
31
47.57
32
46.62
33
45.68
34
44.73
35
43.79
36
42.86
37
41.92
38
40.66
39
40.07
40
39.14
41
38.23
42
37.31
43
36.41
44
35.50
45
34.60
46
33.71
47
32.83
48
31.95
49
31.08
50
30.21
51
29.35
52
28.49
53
27.65
54
26.80
55
25.97
56
25.14
57
24.31
58
23.49
59
22.68
60
21.88
61
21.09
62
20.30
63
19.53
64
18.76
65
18.00
66
17.25
67
16.51
68
15.78
69
15.06
70
14.35
71
13.67
72
13.01
73
12.38
74
11.77
75
11.18
76
10.61
77
10.04
78
9.48
79
8.93
80
8.40
81
7.90
82
7.42
83
6.98
84
6.57
85
6.17
86
5.80
87
5.43
88
5.09
89
4.77
90
4.47
91
4.18
92
3.92
93
3.69
94
3.50
95
3.33
96
3.18
97
3.06
98
2.95
99
2.85
100
2.77
(c)
The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded, except the possibility of the remarriage of the widow, which shall be determined in accordance with the Danish Annuity and Dutch Remarriage Table.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1979, No. 253, § 6; 1986 (2nd Ex. Sess.), No. 10, § 9; A.S.A. 1947, § 81-1319; Acts 1989, No. 460, § 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 8 - PAYMENT (§§ 11-9-801 — 11-9-813) › Section 11-9-805 - Joint petition for final settlement

(a)
(1)
Except as provided in subdivision (a)(2) of this section, upon petition filed by the employer or carrier and the injured employee requesting that a final settlement be had between the parties, the Workers' Compensation Commission shall hear the petition and take testimony and make investigations as may be necessary to determine whether a final settlement should be had.
(2)
(A)
If a claimant has been determined to be eligible for Medicare, the parties may petition the commission for a partial settlement of all issues other than future medical treatment.
(B)
A partial settlement under subdivision (a)(2)(A) of this section is final concerning all issues except future medical treatment.
(b)
(1)
(A)
If the commission decides that a final settlement award is in the best interests of the parties, the commission may order an award that is final concerning the rights of all the parties to the joint petition.
(B)
After the commission enters an order with regard to any full settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it.
(2)
(A)
If the commission decides that a partial settlement award is in the best interests of the parties, the commission may order an award that is final concerning the partial settlement of the rights of all the parties to the joint petition.
(B)
After the commission enters an order with regard to any partial settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it other than claims for future medical expenses.
(c)
If an employee has returned to work or agreed to return to work, the commission shall not approve a joint petition which has allotted moneys for vocational rehabilitation or any indemnity benefits in excess of that payable as an anatomical impairment as established by objective and measurable findings.
(d)
If the commission denies the petition, the denial shall be without prejudice to either party.
(e)
An appeal shall not lie from an order or award denying or approving a joint petition.
Amended by Act 2017, No. 1058,§ 1, eff. 8/1/2017.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319; Acts 1993, No. 796, § 33.
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 11-9-806 - Disputed source of benefits

(a)
In any case where an employer changes insurance carriers or where the employer having been self-insured, becomes insured or, having been insured, is approved to be self-insured, and the only dispute in a claim against that employer is the proper source of payment of benefits, the Workers' Compensation Commission shall direct that the appropriate compensation benefits be paid on an equal basis by the carriers or self-insured employer.
(b)
Upon eventual resolution of the issue, the prevailing respondent shall be entitled to reimbursement from the other respondent of all moneys paid together with interest at the legal rate from the date of payment.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1981, No. 290, § 9; A.S.A. 1947, § 81-1319.
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 11-9-807 - Credit for compensation or wages paid

(a)
If the employer has made advance payments for compensation, the employer shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due.
(b)
If the injured employee receives full wages during disability, he or she shall not be entitled to compensation during the period.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319.
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 11-9-808 - Deposit or bond to secure payment

The Workers' Compensation Commission may require any employer to make a deposit or bond with the commission to secure the prompt and convenient payment of compensation, and payments shall be made upon order of the commission.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319.
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 11-9-809 - Interest

Compensation shall bear interest at the legal rate from the day an award is made by either an administrative law judge or the full Workers' Compensation Commission on all accrued and unpaid compensation.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319.
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 11-9-810 - Notice of payment

(a)
Upon making the first payment and upon suspension of payment of compensation, the employer shall notify the Workers' Compensation Commission of that fact on a form prescribed by the commission.
(b)
(1)
Within thirty (30) days after the final payment of compensation has been made, the employer shall send to the commission a notice, in accordance with a form prescribed by the commission. This form shall state that the final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury or death, and the person to whom compensation has been paid.
(2)
If the employer fails so to notify the commission within that time, the commission may assess against the employer a civil penalty in an amount not exceeding one hundred dollars ($100), but no penalty shall be assessed without notice to the employer, giving the employer an opportunity to be heard.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319.
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 11-9-811 - Investigations

Upon its own initiative at any time where compensation payments are being made without an award, the Workers' Compensation Commission may and in any case where the right to compensation has been controverted or where payments of compensation have been suspended, or where an employer seeks to suspend payments made under an award, or on application of an interested party, the commission shall make such investigation, cause such medical examination to be made, hold such hearings, and take such further action as the commission deems proper for the protection of the rights of all parties.
Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1953, No. 167, § 1; A.S.A. 1947, § 81-1319.
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 11-9-812 - Incarceration of injured employee

(a)
(1)
When any person who receives workers' compensation benefits is incarcerated in an institution under the control of the Division of Correction, the inmate's spouse or, if no spouse, the inmate's minor dependent children, may petition the Workers' Compensation Commission to award to the spouse or minor dependent children the inmate's workers' compensation weekly disability benefits for the period of the claimant's incarceration.
(2)
If the inmate has no surviving spouse or surviving minor dependent children, the division may petition the commission to award to the division the amount of the workers' compensation weekly disability benefits for the period of the claimant's incarceration necessary to reimburse the division for the cost of incarcerating the inmate.
(b)
The commission shall promulgate rules necessary for the implementation of this section.
Amended by Act 2019, No. 315,§ 798, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 697, eff. 7/1/2019.
Acts 1993, No. 372, §§ 1, 2.
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 11-9-813 - Deductibles

(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.
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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-901 - Creation - Exemption

(a)
(1)
(A)
The Workers' Compensation Commission is hereby authorized to recognize two separate entities formed under the Arkansas Nonprofit Corporation Act, §§
4-28-201
-
4-28-206
and §§
4-28-209
-
4-28-223
, to function as guaranty funds for Arkansas workers' compensation self-insurers in the private sector.
(B)
One (1) guaranty fund will be established for individual self-insurers and homogeneous self-insurer groups, as defined in §
11-9-404(a)(3)(A)
.
(C)
A separate guaranty fund will be established for common self-insurer groups, as defined in §
11-9-404(a)(3)(B)
.
(2)
The two (2) funds shall be created, funded, and administered completely independently from each other.
(3)
The assets of the two (2) funds shall remain separate for all purposes and cannot be combined, and the assets of one (1) fund shall not be utilized to satisfy the obligations of the other fund.
(b)
Public sector self-insurers are specifically exempted from the provisions of this subchapter.
(c)
As used in this subchapter, "public sector self-insurer" means a group of municipalities, a city, a county, or the state entity which directly exercises control over an employee and which pays the employee's salary.
Acts 1991, No. 756, §§ 1, 8; 1993, No. 452, § 1; 1995, No. 825, § 2.
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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-902 - Rules

The Workers' Compensation Commission shall promulgate rules to implement this subchapter.
Amended by Act 2019, No. 315,§ 801, eff. 7/24/2019.
Acts 1991, No. 756, § 9.
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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-903 - Liability

There shall be no liability on the part of, and no cause of action of any nature shall lie, whether at law or in equity, against any agent or employee of the two (2) corporations, their boards of directors, any Arkansas workers' compensation self-insurer, or the Workers' Compensation Commission or any of its representatives on account of any action or inaction by any of them in the administration of the workers' compensation self-insurer guaranty funds or the performance of their duties in connection therewith.
Acts 1991, No. 756, § 6; 1995, No. 825, § 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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-904 - Amount of fund - Assessment - Inadequacy

(a)
Each corporation acting as the guaranty fund shall independently determine periodically the amount of money each Arkansas workers' compensation self-insurer should contribute to each fund in order to provide an adequate pool of money to pay workers' compensation benefits owed by an Arkansas self-insurer when such self-insurer fails to meet its workers' compensation benefits obligations.
(b)
The Workers' Compensation Commission shall assess all workers' compensation self-insurers in an amount determined by each corporation, and the commission shall transmit the moneys collected to each corporation to be used solely to make workers' compensation benefit payments from each fund and to defray the expenses of each fund.
(c)
At any time that a workers' compensation self-insurer guaranty fund becomes inadequate to make payments to its claimants, the balance of that fund shall be prorated equally among the claimants, and the Arkansas workers' compensation self-insurers who are members of that fund shall be assessed an amount necessary to pay the outstanding claims and expenses and to replenish that fund.
(d)
The inadequacy of one (1) fund to make payments to claimants shall have no effect on the operation of the remaining fund, nor shall the assets of the remaining fund be utilized in any manner to satisfy the claims of claimants to the fund suffering from the inadequacy.
Acts 1991, No. 756, §§ 1, 3; 1995, No. 825, § 4.
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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-905 - Report to board of directors on financial condition of self-insurer

The Workers' Compensation Commission shall report to the board of directors of each corporation when the commission has reasonable cause to believe that the payment of potential claims by an Arkansas workers' compensation self-insurer is or may be jeopardized by the existing or potential financial condition of the self-insurer. The board of directors of the corporation which has the affected self-insurer as a member shall, based upon such information as is reasonably available, report to the commission upon all matters germane to the solvency, liquidation, rehabilitation, or conservation of any workers' compensation self-insurer, and such reports shall not be deemed public documents under the Freedom of Information Act of 1967, §
25-19-101
et seq., or any other law.
Acts 1991, No. 756, § 5; 1995, No. 825, § 5.
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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-906 - Money to be vested in corporation - Annual audit

(a)
Moneys collected by the Workers' Compensation Commission and disbursed to each corporation shall be vested in the corporation and shall not be deemed state property and shall not be subject to appropriation by the General Assembly.
(b)
Each corporation shall annually submit to an audit by an independent certified public accountant, and a copy of the audit report shall be transmitted to the commission.
Acts 1991, No. 756, § 4; 1995, No. 825, § 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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-907 - Investment - Use of funds

The board of directors of each corporation shall direct the investment of moneys in each workers' compensation self-insurers guaranty fund, and all returns on the investments shall be retained in each fund. The moneys in each fund shall be used solely to compensate persons entitled to receive workers' compensation benefits from an Arkansas self-insurer which is unable to meet its workers' compensation benefits obligations and to defray the expenses of each fund.
Acts 1991, No. 756, § 4; 1995, No. 825, § 7.
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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-908 - Subrogation

(a)
Each corporation shall have full rights of subrogation against any source of payment or reimbursement for payments made by the corporation on behalf of an Arkansas workers' compensation self-insurer.
(b)
Each corporation shall have a right of recovery through the maintenance of an action against any third party, other than a coemployee, who is in any way responsible or liable for injury or death to a covered worker.
Acts 1991, No. 756, § 4; 1995, No. 825, § 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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-909 - Action against self-insurer

(a)
Each corporation is also authorized to take all necessary action, including bringing an action at law or in equity, to seek any available relief as against any workers' compensation self-insurer, whether the self-insurer has paid all assessments levied by the Workers' Compensation Commission on behalf of the corporation.
(b)
If a corporation is required to bring an action at law or in equity to enforce any obligations, rights, or duties as regards a workers' compensation self-insurer, the court may award reasonable attorney's fees and costs to that corporation.
Acts 1991, No. 756, § 4; 1995, No. 825, § 9.
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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-910 - Private sector participants

All private sector participants in the Arkansas workers' compensation self-insurers' program may be members of one (1) of the corporations acting as guaranty funds, and the Workers' Compensation Commission may revoke any such self-insurer's authority to act as a workers' compensation self-insurer if the self-insurer fails to maintain membership in the applicable corporation or fails to pay the assessments levied by the commission under this subchapter.
Acts 1991, No. 756, § 7; 1995, No. 825, § 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 9 - WORKERS' COMPENSATION PRIVATE SECTOR SELF-INSURER GUARANTY FUNDS (§§ 11-9-901 — 11-9-911) › Section 11-9-911 - Termination of self-insurer status - Liability

Any person or entity whose workers' compensation self-insurer status is terminated shall thereafter be subject to no further assessments by the Workers' Compensation Commission, but shall remain liable for all assessments due prior to the date of termination.
Acts 1991, No. 756, § 2.
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 10 - REVISION OF WORKERS' COMPENSATION LAWS (§ 11-9-1001) › Section 11-9-1001 - Legislative declaration

The Seventy-Ninth General Assembly realizes that the Arkansas workers' compensation statutes must be revised and amended from time to time. Unfortunately, many of the changes made by this act were necessary because administrative law judges, the Workers' Compensation Commission, and the Arkansas courts have continually broadened the scope and eroded the purpose of the workers' compensation statutes of this state. The Seventy-Ninth General Assembly intends to restate that the major and controlling purpose of workers' compensation is to pay timely temporary and permanent disability benefits to all legitimately injured workers that suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force. When, and if, the workers' compensation statutes of this state need to be changed, the General Assembly acknowledges its responsibility to do so. It is the specific intent of the Seventy-Ninth General Assembly to repeal, annul, and hold for naught all prior opinions or decisions of any administrative law judge, the Workers' Compensation Commission, or courts of this state contrary to or in conflict with any provision in this act. In the future, if such things as the statute of limitations, the standard of review by the Workers' Compensation Commission or courts, the extent to which any physical condition, injury, or disease should be excluded from or added to coverage by the law, or the scope of the workers' compensation statutes need to be liberalized, broadened, or narrowed, those things shall be addressed by the General Assembly and should not be done by administrative law judges, the Workers' Compensation Commission, or the courts.
Acts 1993, No. 796, § 35.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-101 - Title

This chapter shall be known and may be cited as the "Division of Workforce Services Law".
Amended by Act 2019, No. 910,§ 172, eff. 7/1/2019.
Acts 1941, No. 391, § 1; 1949, No. 155, § 1; 1977, No. 366, § 1; A.S.A. 1947, § 81-1102; Acts 2007, No. 490, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-102 - Policy

As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows:
(1)
Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which may fall with crushing force upon the unemployed worker and his or her family. The achievement of social security requires protection against this great hazard of our economic life.
(2)
This can be accomplished by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance.
(3)
The General Assembly, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police power of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
Acts 1941, No. 391, preamble; 1949, No. 155, preamble; A.S.A. 1947, § 81-1101.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-103 - Intent

The General Assembly declares its intention to provide for the carrying out of the purposes of this chapter in cooperation with the appropriate agencies of other states and of the federal government as part of a nationwide employment security program to secure for this state and its citizens the grants and privileges available thereunder.
Acts 1941, No. 391, § 1; 1949, No. 155, § 1; A.S.A. 1947, § 81-1102.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-104 - Construction

This chapter shall be construed to accomplish its purpose to promote employment security by increasing opportunities for placement through the maintenance of a system of public employment offices and by providing through accumulation of reserves for the payment of compensation to individuals who are involuntarily unemployed.
Acts 1941, No. 391, § 1; 1949, No. 155, § 1; A.S.A. 1947, § 81-1102.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-105 - Legislative power to amend and repeal - Vested rights restricted

(a)
(1)
The General Assembly reserves the right to amend or repeal all or any part of this chapter or of any law heretofore enacted involving any employment security law.
(2)
There shall be no vested private right of any kind against such amendment or repeal nor shall there be vested any right accruing except as specifically expressed in this chapter or heretofore.
(b)
All rights, privileges, or immunities incurred by this chapter or by acts done pursuant thereto shall exist subject to the power of the General Assembly to amend or repeal this chapter or acts at any time.
Acts 1971, No. 35, § 22; A.S.A. 1947, § 81-1125.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-107 - Protection of rights and benefits - Waiver of rights void - Discrimination, obstruction, and employee payment prohibited

(a)
Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this chapter shall be void.
(b)
Any agreements by an individual in the employ of any person or employing unit to pay all or any portion of an employer's contributions required under this chapter from the employer shall be void.
(c)
No employer shall directly or indirectly make, require, or accept any deduction from wages to finance the employer's contributions required from him or her, require or accept any waiver of any right hereunder by any individual in his or her employ, discriminate in regard to the hiring or tenure or work on any term or condition of work of any individual on account of his or her claiming benefits under this chapter, or in any manner obstruct or impede the filing of claims for benefits.
(d)
Any employer or officer or agent of an employer who violates any provisions of this section shall, for each offense, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned for not more than six (6) months, or both.
Acts 1941, No. 391, § 15; A.S.A. 1947, § 81-1118.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-108 - Protection of rights and benefits - Limitation of fees

(a)
No individual claiming benefits shall be charged fees or costs of any kind in any proceeding under this chapter by the Board of Review, the Director of the Division of Workforce Services, or his or her or its representatives, or by any court or any officer thereof, except that, if the court determines that the proceedings for judicial review have been instituted or continued without reasonable grounds, it may assess costs against the claimant or employer instituting or continuing the proceedings.
(b)
(1)
Any individual claiming benefits in any proceeding before the director or the board or his or her or its representatives or a court may be represented by counsel or other duly authorized agent.
(2)
No counsel or agents shall either charge or receive an aggregate amount of more than five hundred dollars ($500) for services rendered at the administrative appeal levels before the appeal tribunal or the board.
(c)
Any person who violates any provision of this section shall, for each offense, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or both.
Amended by Act 2019, No. 910,§ 174, eff. 7/1/2019.
Acts 1941, No. 391, § 15; 1943, No. 138, § 20; 1983, No. 482, § 33; A.S.A. 1947, § 81-1118; Acts 1999, No. 1116, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-109 - Protection of rights and benefits - Assignment, pledge, or encumbrance of benefits prohibited

(a)
Except as elsewhere provided in this section and §
11-10-110
, any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void.
(b)
Such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt.
(c)
Benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessities furnished to such individual or his or her spouse or dependents during the time when that individual was unemployed.
(d)
Any waiver of any exemption provided for in this section and §
11-10-110
shall be void.
(e)
Benefits shall be subject to tax levies issued by the Internal Revenue Service in accordance with
26 U.S.C. § 6331(h)
provided that an agreement is entered into between the Internal Revenue Service and the Division of Workforce Services and approved by the United States Department of Labor that provides for the payment of all administrative costs associated with processing the tax levies.
Amended by Act 2019, No. 910,§ 175, eff. 7/1/2019.
Acts 1941, No. 391, § 15; 1981 (Ex. Sess.), No. 37, § 2; A.S.A. 1947, § 81-1118; Acts 1999, No. 1116, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-111 - Protection of rights and benefits - Exception for withholding food stamp overages - Definition

(a)
(1)
An individual filing a new claim for unemployment compensation shall at the time of filing the claim disclose whether or not he or she owes an uncollected overissuance, as defined in section 13(c)(1) of the Food Stamp Act of 1977, of food stamp coupons.
(2)
The Director of the Division of Workforce Services shall notify the state food stamp agency enforcing the obligation of any individual who discloses that he or she owes a food stamp overage obligation and who is determined to be eligible for unemployment compensation.
(b)
The director shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance:
(1)
The amount specified by the individual to the director to be deducted and withheld under this section;
(2)
The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977; or
(3)
Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food Stamp Act of 1997.
(c)
Any amount deducted and withheld under this section shall be paid by the director to the food stamp program administered by the Division of County Operations.
(d)
Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the Department of Human Services as repayment of the individual's uncollected food stamp overissuance.
(e)
For purposes of this section, the term "unemployment compensation" means any compensation payable under this act, including amounts payable by the director pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
(f)
This section applies only after an agreement has been made for reimbursement by the department for the administrative costs incurred by the director under this section which are attributable to the repayment of uncollected food stamp overissuances.
Amended by Act 2019, No. 910,§ 177, eff. 7/1/2019.
Acts 1997, No. 234, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 1 - GENERAL PROVISIONS (§§ 11-10-101 — 11-10-112) › Section 11-10-112 - Use of certain federal funds

(a)
Conditioned upon the availability of federal funding provided under Section 209 of the Temporary Extended Unemployment Compensation Act of 2002, Title II of the Job Creation and Worker Assistance Act of 2002, Pub. L. No. 107-147, Title IX of the Social Security Act,
42 U.S.C. § 1103
; the Federal Unemployment Tax Act,
26 U.S.C. § 3301
et seq; or the Unemployment Insurance Program Letter 39-97, 62 Fed. Reg. 63960 (December 3, 1997), Unemployment Insurance Program Letter 39-97, Change 1 (January 16, 2002), the Unemployment Insurance Program Letter 20-02 (April 4, 2002); or their successors, the Director of the Division of Workforce Services may accept "Reed Act" distributions for the following purposes, including without limitation:
(1)
Construction and improvement of buildings;
(2)
Rental or lease costs;
(3)
The acquisition of land;
(4)
Payment of salaries and related benefits of central and local office staff of the Division of Workforce Services;
(5)
Maintenance and operation of central and local offices of the division;
(6)
Payment of unemployment insurance benefits; or
(7)
Other allowable uses as provided by federal law.
(b)
Funding obligated under this section shall not exceed the amount by which the aggregate of the amounts transferred to the account of this state under federal law exceeds the aggregate of the amounts used by this state and charged against the amounts transferred to the account of this state.
Added by Act 2023, No. 606,§ 23, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-201 - Base period

(a)
(1)
As used in this chapter, unless the context clearly requires otherwise, "base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of the benefit year.
(2)
For claims involving wages of several states, the base period shall be that which is applicable under the unemployment insurance laws of the paying state.
(b)
(1)
If an individual lacks sufficient base-period wages because of a job-related injury for which he or she received workers' compensation, an extended base period will be substituted for the current base period on a quarter-by-quarter basis as needed to establish a valid claim upon written application by the claimant.
(2)
"Extended base period" means the four (4) quarters prior to the claimant's base period. These four (4) quarters may be substituted for base period quarters on a quarter-by-quarter basis to establish a valid claim regardless of whether the wages have been used to establish a prior claim, except that any wages earned that would render the Division of Workforce Services out of compliance with applicable federal law will be excluded if used in a prior claim.
(3)
Benefits paid on the basis of an extended base period, which would not otherwise be payable, shall be noncharged.
(c)
(1)
Beginning with initial claims filed on July 1, 2009, and thereafter, if an individual lacks sufficient base-period wages, an alternate base period shall be substituted for the current base period.
(2)
"Alternate base period" means the four (4) completed calendar quarters immediately preceding the first day of that benefit year.
Amended by Act 2019, No. 910,§ 178, eff. 7/1/2019.
Acts 1941, No. 391, § 2; 1947, No. 398, § 1; 1973, No. 350, § 1; A.S.A. 1947, § 81-1103; Acts 1997, No. 234, § 2; 2009, No. 802, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-202 - Regular benefits

As used in this chapter, unless the context clearly requires otherwise, "regular benefits" means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to
5 U.S.C. § 8501
et seq., other than extended benefits and additional benefits.
Acts 1941, No. 391, § 2; 1971, No. 35, § 1; 1973, No. 350, § 1; A.S.A. 1947, § 81-1103.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-203 - Benefit year

As used in this chapter, unless the context clearly requires otherwise, "benefit year" with respect to any individual means the twelve-consecutive-month period beginning the first day of the calendar quarter in which he or she first files a valid claim for benefits in accordance with §
11-10-521
. For claims involving the wages of several states, the benefit year shall be that which is applicable under the unemployment insurance law of the paying state.
Acts 1941, No. 391, § 2; 1947, No. 398, § 1; 1973, No. 350, § 1; A.S.A. 1947, § 81-1103.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-204 - Contributions

As used in this chapter, unless the context clearly requires otherwise:
(1)
"Contributions" means money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ; and
(2)
"Payments in lieu of contributions" means the money payments made pursuant to the provisions of §
11-10-713
.
Acts 1941, No. 391, § 2; 1973, No. 350, § 1; A.S.A. 1947, § 81-1103.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-205 - Calendar quarter

As used in this chapter, unless the context clearly requires otherwise, "calendar quarter" means the period of three (3) consecutive calendar months ending on March 31, June 30, September 30, or December 31.
Acts 1941, No. 391, § 2; A.S.A. 1947, § 81-1103.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 2 - DEFINITIONS (§§ 11-10-201 — 11-10-227) › Section 11-10-206 - Director

As used in this chapter, unless the context clearly requires otherwise, "director" means the Director of the Division of Workforce Services.
Amended by Act 2019, No. 910,§ 179, eff. 7/1/2019.
Acts 1941, No. 391, § 2; 1955, No. 395, § 1; 1977, No. 366, § 2; A.S.A. 1947, § 81-1103; Acts 1991, No. 100, § 2.