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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-110 - Compensation nonassignable, etc., and payable to dependents only - Child support obligations excepted - Definition

(a)
The right to compensation shall not be assignable and shall not be subject to garnishment, attachment, levy, execution, or any other legal process, except for child support obligations and moneys retained by the Division of Correction under §
12-30-406(a)(1)
.
(b)
Money compensation to dependents of a deceased employee shall not constitute assets of the estate of the deceased employee and shall be payable to and for the benefit of the dependents alone.
(c)
(1)
On or after June 30, 1993, the Workers' Compensation Commission shall forward monthly a computer tape listing the name, address, and Social Security number, if available, on all persons for whom the commission has established a file during the preceding month to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. The computer tape shall also include the name of the workers' compensation carrier and the name of the employer.
(2)
The same information shall be provided to individuals who apply for the information with the commission on an individual employee to an individual certifying that they have an interest in the child support obligations of the employee on whom the information is requested.
(d)
(1)
Amounts withheld from weekly compensation benefits for child support obligations shall not exceed twenty-five percent (25%) of the benefit amount.
(2)
Amounts withheld from a lump-sum settlement on a joint petition for child support obligations shall not exceed fifty percent (50%) of the settlement amount.
(e)
Any amount withheld under subsection (d) of this section shall be paid through the appropriate court payable to the person or agency to whom the obligation is payable.
(f)
Any amount withheld pursuant to the provisions of this section shall for all purposes be treated as if it were paid to the employee as workers' compensation and paid by the employee to the person or agency to whom the obligation is payable.
(g)
For purposes of this section, "child support obligations" is defined as only those support obligations that are contained in a decree or order of the circuit court which provides for the payment of money for the support and care of any child or children.
Amended by Act 2019, No. 910,§ 696, eff. 7/1/2019.
Init. Meas. 1948, No. 4, § 21, Acts 1949, p. 1420; A.S.A. 1947, § 81-1321; Acts 1987, No. 524, § 2; 1995, No. 1184, §§ 21, 28; 2001, No. 1651, § 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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-111 - Compensation payable to certain alien dependents

(a)
Compensation to alien nonresidents of the United States or Canada shall be the same in amount as provided for residents, except that alien nonresident dependents in any foreign country shall be limited to the surviving wife or children or, if there is no surviving wife or children, to the surviving father or mother whom the employee has supported, either wholly or in part, for the period of one (1) year prior to the date of the injury.
(b)
Upon its own motion or upon application of an interested party, the Workers' Compensation Commission may order the payment of all future compensation to be paid in one (1) lump sum, which shall be equal to one-half (½) of the face value of all future installments of compensation.
Init. Meas. 1948, No. 4, § 16, Acts 1949, p. 1420; A.S.A. 1947, § 81-1316.
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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-112 - Preference for due compensation

Compensation due an injured employee or his or her dependents shall have the same preference as is allowed by law to an employee for unpaid wages.
Init. Meas. 1948, No. 4, § 22, Acts 1949, p. 1420; A.S.A. 1947, § 81-1322.
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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-113 - Mental injury or illness

(a)
(1)
A mental injury or illness is not a compensable injury unless it is caused by physical injury to the employee's body, and shall not be considered an injury arising out of and in the course of employment or compensable unless it is demonstrated by a preponderance of the evidence; provided, however, that this physical injury limitation shall not apply to any victim of a crime of violence.
(2)
No mental injury or illness under this section shall be compensable unless it is also diagnosed by a licensed psychiatrist or psychologist and unless the diagnosis of the condition meets the criteria established in the most current issue of the Diagnostic and Statistical Manual of Mental Disorders.
(b)
(1)
Notwithstanding any other provision of this chapter, where a claim is by reason of mental injury or illness, the employee shall be limited to twenty-six (26) weeks of disability benefits.
(2)
(A)
In case death results directly from the mental injury or illness within a period of one (1) year, compensation shall be paid the dependents as provided in other death cases under this chapter.
(B)
Death directly or indirectly related to the mental injury or illness occurring one (1) year or more from the incident resulting in the mental injury or illness shall not be a compensable injury.
Acts 1993, No. 796, § 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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-114 - Heart or lung injury or illness

(a)
A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or myocardial infarction causing injury, illness, or death is a compensable injury only if, in relation to other factors contributing to the physical harm, an accident is the major cause of the physical harm.
(b)
(1)
An injury or disease included in subsection (a) of this section shall not be deemed to be a compensable injury unless it is shown that the exertion of the work necessary to precipitate the disability or death was extraordinary and unusual in comparison to the employee's usual work in the course of the employee's regular employment or, alternately, that some unusual and unpredicted incident occurred which is found to have been the major cause of the physical harm.
(2)
Stress, physical or mental, shall not be considered in determining whether the employee or claimant has met his or her burden of proof.
Acts 1993, No. 796, § 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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-115 - Disclosure of child support obligations

(a)
(1)
At any time an application is made for workers' compensation, an employer shall require the applicant for compensation to state whether or not the applicant has child support obligations, if the obligations are current or past due, and to whom the obligations are payable.
(2)
The application shall also include the name of the workers' compensation carrier and the name of the employer.
(b)
The employer shall forward a copy of the application to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.
Acts 1993, No. 1185, § 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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-116 - Fund transfer to support Workers' Compensation Fraud Unit of the State Insurance Department

(a)
(1)
One (1) month before the beginning of any fiscal quarter, the Insurance Commissioner shall provide to the Workers' Compensation Commission the estimated funding need of the Workers' Compensation Fraud Investigation Unit of the State Insurance Department for the ensuing quarter.
(2)
Such provided certification shall itemize each position to be utilized in the unit and funded by the commission and make estimates of all other budgetary line items necessary to provide support to the unit.
(3)
This certification must deduct unexpended and unencumbered balances of the unit from the previous quarter, so that only the current need, excluding unexpended and unencumbered funds, is certified for fund transfer authorized in this section.
(b)
(1)
On or before the first day of each fiscal quarter, the commission shall certify to the Chief Fiscal Officer of the State that funds are available for transfer, upon which certification the Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State shall transfer those funds from the Workers' Compensation Fund of the commission to the fund account used for the maintenance, operation, and support of the unit.
(2)
The sum of the four (4) quarterly transfers in each fiscal year ending June 30 cannot exceed one hundred fifty thousand dollars ($150,000).
Acts 1999, No. 1179, § 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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-117 - Carpal tunnel syndrome guidelines

Pursuant to its rulemaking authority, the Workers' Compensation Commission shall be empowered to enact medical diagnostic and treatment guidelines regarding occupational carpal tunnel syndrome upon the joint recommendation of the Arkansas chapter of the American Federation of Labor and Congress of Industrial Organizations and the Arkansas State Chamber of Commerce.
Acts 2001, No. 1281, § 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 1 - GENERAL PROVISIONS (§§ 11-9-101 — 11-9-118) › Section 11-9-118 - Provider payments while claims are pending

(a)
No hospital, physician, or other healthcare provider shall bill or attempt to collect any fee or any portion of a fee for services rendered to an employee due to a work-related injury or report to any credit reporting agency any failure of the employee to make the payment, when a claim for compensation has been filed under this chapter and the hospital, physician, or healthcare provider has received actual notice given in writing by the employee or the employee's representative. Actual notice shall be deemed received by the hospital, physician, or healthcare provider five (5) days after mailing by certified mail by the employee or his or her representative to the hospital, physician, or healthcare provider.
(b)
The notice shall include:
(1)
The name of the employer;
(2)
The name of the insurer, if known;
(3)
The name of the employee receiving the services;
(4)
The general nature of the injury, if known; and
(5)
Where a claim has been filed, the claim number, if known.
(c)
When an injury or bill is found to be noncompensable under this chapter, the hospital, physician, or other healthcare provider shall be entitled to pursue the employee for any unpaid portion of the fee or other charges for authorized services provided to the employee. Any applicable statute of limitations for an action for the fees or other charges shall be tolled from the time notice is given to the hospital, physician, or other healthcare provider until a determination of noncompensability in regard to the injury which is the basis of the services is made, or in the event that there is an appeal to the Workers' Compensation Commission, the Court of Appeals, or the Supreme Court, until a final determination of noncompensability is rendered and all appeal deadlines have passed.
(d)
This section shall not avoid, modify, or amend any other section or subsection of this chapter, including, but not limited to, the prohibition against balance billing contained in §
11-9-508(d)(3)
and any rules adopted thereunder.
(e)
An order by the commission pursuant to this section shall stay all proceedings for collection.
Amended by Act 2019, No. 315,§ 776, eff. 7/24/2019.
Acts 2001, No. 1281, § 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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-201 - Members - Appointment - Compensation

(a)
(1)
The Workers' Compensation Commission shall consist of three (3) members appointed by the Governor for terms of six (6) years who shall devote their entire time to the duties of the commission and shall administer the provisions of this chapter.
(2)
One (1) member shall be an attorney who has at least five (5) years' experience representing employers in workers' compensation matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of experience as an employer and can be classed as a representative of employers.
(3)
One (1) member shall be an attorney who has at least five (5) years' experience predominantly representing claimants in workers' compensation matters or employees in labor relations matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of membership in a bona fide labor organization and can be classed as a representative of employees.
(4)
The third member shall be an attorney, who shall be chair of the commission and who shall have been engaged in active practice of law in the State of Arkansas for not less than five (5) years next preceding the date of his or her appointment.
(b)
Each member shall receive a salary of five thousand dollars ($5,000) per annum or such other maximum salary as may be established by the Arkansas Constitution for salaries of state employees. The salaries shall be paid from the Workers' Compensation Fund and shall be paid in the manner as are salaries of other state officials or employees.
(c)
(1)
When any member of the commission is disqualified for any reason to hear and participate in the determination of any matter pending before the commission, the Governor shall appoint a qualified person to hear and participate in the decision on the particular matter. The special member so appointed shall have all authority and responsibility with respect to the particular matter before the commission as if the person were a regular member of the commission but shall have no authority or responsibility with respect to any other matter before the commission.
(2)
A person appointed as a special member of the commission pursuant to the provisions of this subdivision shall be entitled to receive a per diem not to exceed one hundred dollars ($100) for each day spent in attending to his or her duties as a special member of the commission. The compensation shall be paid from any funds of the commission which are available for or may legally be used for paying such per diem.
Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; Acts 1979, No. 663, §§ 1, 2; A.S.A. 1947, §§ 81-1342 -- 81-1342.2; Acts 1995, No. 546, § 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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-202 - Members - Bond

(a)
The members shall give bond in the sum of ten thousand dollars ($10,000) executed by a surety company authorized to do business in the state for the faithful performance of their duties.
(b)
The bond shall be approved by the Governor and kept on file in the office of the Secretary of State.
(c)
Any action on the bond for breach thereof shall be instituted by the Attorney General and shall be in the name of the State of Arkansas.
(d)
The premium upon the bonds shall be paid out of the Workers' Compensation Fund.
Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.
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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-203 - Members - Removal

(a)
The Governor may, at any time, remove any member of the Workers' Compensation Commission for inefficiency, neglect of duty, or misconduct in office, giving him or her in advance a copy of the charges preferred and an opportunity of being publicly heard, in person or by counsel, upon not less than ten (10) days' notice.
(b)
A representative of the Attorney General's office shall attend the proceedings and upon the Governor's request shall advise or assist him or her therein.
(c)
Either party may procure the attendance of witnesses and their testimony as is now provided by the Civil Code in ordinary actions.
(d)
If a member is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the member and his or her findings, together with a complete record of the proceedings had and a transcript of testimony. It shall constitute a public record of the state.
Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.
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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-204 - Proceedings

(a)
Members of the Workers' Compensation Commission shall be considered as officers and shall take the oath prescribed by the Arkansas Constitution and the laws of Arkansas.
(b)
(1)
A majority of the commission shall constitute a quorum for the transaction of business, and vacancies shall not impair the right of the remaining members to exercise all the powers of the full commission, so long as a majority remains.
(2)
Any investigation, inquiry, or hearing which the commission is authorized to hold or undertake may be held or undertaken by or before any one (1) member of the commission, or referee acting for him or her, under authorization of the commission.
(c)
(1)
The commission shall maintain and keep open, during reasonable business hours, an office in Little Rock, for the transaction of business, at which office its official records and papers shall be kept.
(2)
The commission or any member of the commission may hold sessions and conduct hearings at any place within the state.
(d)
The commission shall have a seal for authentication of its orders, awards, and proceedings, upon which shall be inscribed the words: "Workers' Compensation Commission, State of Arkansas".
Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.
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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-206 - Traveling expenses for members and employees

Any member or employee of the Workers' Compensation Commission shall be entitled to receive his or her necessary traveling expenses actually incurred and for subsistence while traveling on official business and away from his or her designated station. The expenses shall be certified by the person who incurred them and shall be allowed and paid upon presentation of vouchers approved by the commission.
Init. Meas. 1948, No. 4, § 45, Acts 1949, p. 1420; A.S.A. 1947, § 81-1346.
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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-208 - Biennial report

On or before the first day of the regular session of the General Assembly, the Workers' Compensation Commission under the authority of at least two (2) of its members shall make to the Governor and to the General Assembly a report of the administration of this chapter for the preceding biennial period, together with such recommendations as the commission may deem advisable.
Init. Meas. 1948, No. 4, § 46, Acts 1949, p. 1420; A.S.A. 1947, § 81-1347.
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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-209 - Statistical data collection

(a)
The Workers' Compensation Commission shall publish annually, on an aggregate basis, information pertaining to the distribution of workers' compensation insurance premiums, losses, expenses, and net income to be compiled from reports required to be filed with the Secretary of the Department of Labor and Licensing pursuant to §
23-63-216
, as amended, or any similar information required to be filed by the secretary regarding workers' compensation insurance.
(b)
The commission shall also publish in that same annual report information regarding aggregate workers' compensation benefit distribution to claimants, medical providers, and attorneys if that specific information or similar information becomes available from revised or additional reporting requirements that may be required by the secretary.
Amended by Act 2019, No. 910,§ 5359, eff. 7/1/2019.
Acts 1991, No. 1060, § 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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-210 - Purchase of annuity contracts - Funding of Death and Permanent Total Disability Trust Fund obligations

(a)
(1)
The Workers' Compensation Commission is hereby authorized to fund financial obligations of the Death and Permanent Total Disability Trust Fund through the purchase of structured annuity contracts. Provided, the commission shall purchase such annuity contracts only when the commission determines that it is financially advantageous to the trust fund involved.
(2)
Structured annuity contracts shall be purchased only from insurance companies:
(A)
Licensed to do business in Arkansas and authorized to write annuities as regulated by the State Insurance Department;
(B)
Experienced in the business of writing and administering structured annuities;
(C)
Determined to be financially sound and having an A.M. Best rating of A+ and category size VIII or greater, or equivalent independent industry rating; and
(D)
Be rated AA+ or better by Standard and Poor's, Moody's, or an equivalent rating by an equivalent rating service.
(3)
Structured annuity contracts purchased by the commission shall:
(A)
Include a separate contract for each claimant or beneficiary covered;
(B)
Require that the payments to the claimant or beneficiary be sent to the commission so that it can maintain administrative control over the payments, and the commission will distribute the payments in full to the claimants or beneficiaries; and
(C)
Provide for return of principal to the appropriate fund in the event that the obligations of the Death and Permanent Total Disability Trust Fund to any claimant or beneficiary cease prior to the end of the period certain guarantee in the contract.
(b)
The commission shall adopt such appropriate rules consistent with the provisions of this section, §
23-96-104(16) and (25)
, and §
23-96-114(f) and (g)
as it deems necessary to enable it to efficiently and effectively administer the provisions of this section, §
23-96-104(16) and (25)
, and §
23-96-114(f) and (g)
and any structured annuity arrangement it may enter into pursuant to the authority granted herein.
Amended by Act 2019, No. 315,§ 782, eff. 7/24/2019.
Amended by Act 2019, No. 382,§ 2, eff. 7/24/2019.
Acts 1991, No. 651, §§ 1, 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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-212 - Workers' Compensation Commission - Fund transfers

After receiving approval from the Chief Fiscal Officer of the State, the Chief Executive Officer of the Workers' Compensation Commission, after receiving approval of the Workers' Compensation Commission, may transfer funds from the Second Injury Trust Fund to the Death and Permanent Total Disability Trust Fund or the Workers' Compensation Fund, or both.
Added by Act 2023, No. 341,§ 10, eff. 7/1/2023.
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 2 - WORKERS' COMPENSATION COMMISSION (§§ 11-9-201 — 11-9-211) › Section 11-9-211 - Workers' Compensation Commission - Investment authority

(a)
All funds held at any time in the Death and Permanent Total Disability Trust Fund, the Second Injury Trust Fund, and the Workers' Compensation Fund shall be invested and reinvested to the extent feasible.
(b)
All investments authorized for use by the Treasurer of State shall be available for investment of the listed funds.
(c)
The movement of these funds into and out of investments shall be by fund transfers as directed by the Chief Executive Officer of the Workers' Compensation Commission with the approval of the Workers' Compensation Commission.
Added by Act 2023, No. 341,§ 8, eff. 7/1/2023.
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 3 - FUNDS - TAXES AND FEES (§§ 11-9-301 — 11-9-307) › Section 11-9-301 - Funds established

(a)
There are established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, three (3) separate funds:
(1)
The "Workers' Compensation Fund";
(2)
The "Second Injury Trust Fund"; and
(3)
The "Death and Permanent Total Disability Trust Fund".
(b)
Except for funds transferred into the General Revenue Fund Account specified in §
11-9-303(c)
or other sections of this subchapter, no money shall be appropriated from these funds for any purpose except for the use and benefit, or at the direction of, the Workers' Compensation Commission.
(c)
All funds established pursuant to this section shall be administered, disbursed, and invested under the direction of the commission.
(d)
All incomes derived through investment of the Workers' Compensation Fund, the Second Injury Trust Fund, and the Death and Permanent Total Disability Trust Fund shall be credited, as investment income, to the fund that participated in the investment. For the purpose of investment, Workers' Compensation Fund moneys shall be invested in accordance with the State Treasury Management Law, §
19-3-501
et seq.
(e)
Except for moneys transferred into the General Revenue Fund Account specified in §
11-9-303(c)
or other sections of this subchapter, all moneys deposited to the aforementioned funds shall not be subject to any deduction, tax, levy, or any other type of assessment.
(f)
If, on or after July 1, 1983, the balance in the Second Injury Trust Fund becomes insufficient to fully compensate those employees to whom it is obligated, payment shall be suspended until such time as the Second Injury Trust Fund is capable of meeting its obligations, paying all arrearages, and restoring normal benefit payments. In no event shall there be any reverter of responsibility to the employer or carrier on or after July 1, 1983.
(g)
(1)
Upon the effective maturity dates of each investment, the investment shall be transferred to the Treasurer of State for deposit into the Death and Permanent Total Disability Trust Fund created in this section.
(2)
The free balances of the Death and Permanent Total Disability Bank Fund shall be transferred to the Death and Permanent Total Disability Trust Fund.
Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1981, No. 290, § 13; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, §§ 1, 2; 1997, No. 1179, § 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 3 - FUNDS - TAXES AND FEES (§§ 11-9-301 — 11-9-307) › Section 11-9-302 - Qualifying fees for carriers, third-party administrators, and self-insurers

(a)
Each carrier writing compensation insurance in this state shall pay to the Insurance Commissioner, in addition to the premium taxes and fees now required under existing laws, at the time of securing the first license to transact business in the state the sum of five hundred dollars ($500) for the privilege of qualifying with the Workers' Compensation Commission for the writing of compensation insurance.
(b)
At the time of qualifying, each self-insurer or third-party administrator shall pay to the commission the sum of one hundred dollars ($100) for the privilege of qualifying as a self-insurer or third-party administrator.
(c)
All carriers, self-insurers, or third-party administrators qualifying under the provisions of this chapter shall be required to pay this initial assessment before they shall be qualified.
(d)
These fees shall be deposited into the Workers' Compensation Fund created in §
11-9-301
.
(e)
The commission may assess a third-party administrator an annual fee of one hundred dollars ($100).
Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 2001, No. 1757, § 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 3 - FUNDS - TAXES AND FEES (§§ 11-9-301 — 11-9-307) › Section 11-9-303 - Payment of tax by carrier - Definition

(a)
(1)
In addition to the premium taxes collected from carriers, the carriers shall pay annually to the Workers' Compensation Commission a tax, at the rate to be determined as provided in §
11-9-306
but not to exceed three percent (3%), on all written manual premiums resulting from the writing of workers' compensation insurance on risks within the state.
(2)
Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under §
11-9-502
, the tax rate under this section shall not exceed one and five-tenths percent (1.5%).
(b)
"Written manual premium" means premium produced in a given year by the manual rates in effect during the experience period and shall exclude the premium produced by the expense constant. Furthermore, "written manual premium", for the purpose of this chapter, means premium before any allowable deviated discounts, any experience rating modification, any premium discount, any reinsurance or deductible arrangement as common with fronting carriers, any dividend consideration, or other trade discount.
(c)
(1)
This tax shall be collected by the commission from the carriers at the same time and in the same manner as insurance premium taxes under §
26-57-601
et seq. and deposited into the funds created in §
11-9-301
.
(2)
This transfer from the funds created in §
11-9-301
shall be in the same proportions that deposits were made into the three (3) funds as set forth in §
11-9-306(a)
-(c).
(d)
(1)
Assessments upon which premium taxes are based shall be made on forms prescribed by the commission and shall be paid to the commission.
(2)
Absent a waiver obtained from the commission for good cause, the failure of the licensed carrier to pay the assessment when due shall be referred to the Insurance Commissioner for appropriate administrative action against the Arkansas certificate of authority of the delinquent insurer.
(e)
Premium tax payments shall be made by check payable to the commission.
Amended by Act 2016EX3, No. 5,§ 1, eff. 8/22/2016.
Amended by Act 2016EX3, No. 4,§ 1, eff. 8/22/2016.
Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, § 3; 1993, No. 652, § 14; 2001, No. 1757, § 5; 2005, No. 505, § 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 3 - FUNDS - TAXES AND FEES (§§ 11-9-301 — 11-9-307) › Section 11-9-304 - Payment of tax by self-insurer

(a)
(1)
The Workers' Compensation Commission shall collect a tax from every self-insured employer at a rate to be determined as provided by §
11-9-306
but not to exceed three percent (3%) of the written manual premium which would have to be paid under §
11-9-303
by a carrier if the self-insured employer were insured by a carrier.
(2)
Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund pursuant to §
11-9-502
, the tax rate under this section shall not exceed one and five-tenths percent (1.5%).
(b)
If the tax provided for under this section is not paid within thirty (30) days of the date provided in §
11-9-306
, there shall be assessed a penalty for each thirty (30) days the amount so assessed remains unpaid which is equal to ten percent (10%) of the unpaid amounts and which shall be collected at the same time as a part of the tax assessed.
Amended by Act 2016EX3, No. 5,§ 2, eff. 8/22/2016.
Amended by Act 2016EX3, No. 4,§ 2, eff. 8/22/2016.
Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348.
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 3 - FUNDS - TAXES AND FEES (§§ 11-9-301 — 11-9-307) › Section 11-9-305 - Payment of tax by public employer

(a)
(1)
(A)
The Workers' Compensation Commission shall collect a tax from every public employer providing workers' compensation coverage to its employees at a rate to be determined as provided by §
11-9-306
but not to exceed three percent (3%) of the written manual premium which an insurance carrier would have to pay under §
11-9-303
if the public employer were insured by a carrier.
(B)
Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under §
11-9-502
, the tax rate under this section shall not exceed one and five-tenths percent (1.5%).
(2)
(A)
The commission shall tabulate and collect the tax to be collected from entities whose workers' compensation claims are administered by the Public Employee Claims Division.
(B)
In tabulating the manual premium, a public employer whose workers' compensation claims are administered by the division shall use the average compensation rate for this state as promulgated by the National Council on Compensation Insurance, Inc. for the tax year in question.
(3)
The tax collected shall be deposited in and paid to the commission from the Workers' Compensation Revolving Fund and miscellaneous revolving funds.
(b)
(1)
In the event that any public employer whose workers' compensation claims are administered by the division fails to cooperate in furnishing information upon which the tax will be computed or fails to pay the tax within thirty (30) days of the date provided in §
11-9-306
, the commission shall notify the Director of the Public Employee Claims Division of the failure, and the commission shall decertify the public employer from participation in the state's workers' compensation program.
(2)
In the event of decertification, the public employer shall obtain its employer's workers' compensation liability coverage from the private market and shall not be entitled to participate in the state's workers' compensation program for a period of one (1) year thereafter.
(c)
The procedure for decertification shall be the same as for the revocation or termination of the self-insurer privilege.
Amended by Act 2016EX3, No. 5,§ 3, eff. 8/22/2016.
Amended by Act 2016EX3, No. 4,§ 3, eff. 8/22/2016.
Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1983, No. 393, § 1; 1985, No. 98, § 10; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, § 4; 1993, No. 1318, § 12; 2005, No. 505, § 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 3 - FUNDS - TAXES AND FEES (§§ 11-9-301 — 11-9-307) › Section 11-9-307 - Certification of cost of administering Public Employee Claims Division

(a)
During the biennial period beginning July 1, 1989, and thereafter, the State Insurance Department shall certify to the Chief Fiscal Officer of the State the cost of administering the Public Employee Claims Division.
(b)
The certification shall be made the month following each quarter of the fiscal year and shall include a report of the expenditures of the division for workers' compensation claims paid on behalf of the cities, the counties, and the public schools, each of the three (3) reported as a class of employers, and each state agency supported from treasury funds or fund accounts.
(c)
After the certification has been received and approved by the Chief Fiscal Officer of the State, the Chief Fiscal Officer of the State shall transfer funds from the Public School Fund, the Municipal Aid Fund, the County Aid Fund, and from the various treasury funds of state agencies to the Miscellaneous Agencies Fund Account.
(d)
The transfers shall be made in the same proportion that payments were made in behalf of that entity for workers' compensation claims in the prior quarter as certified by the department.
(e)
The amount transferred shall be the proportional cost associated with the fund as certified to and approved by the Chief Fiscal Officer of the State.
(f)
Should a state agency be supported from more than one (1) treasury fund, the fund transfers from that agency shall be in the same proportion that appropriations were made to that agency for regular salaries from the respective funds.
Acts 1987, No. 680, § 16; 2011, No. 980, § 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 4 - EMPLOYER LIABILITY - INSURANCE (§§ 11-9-401 — 11-9-412) › Section 11-9-401 - Employer's liability for compensation

(a)
(1)
Every employer should secure compensation to its employees and pay or provide compensation for their disability or death from compensable injury arising out of and in the course of employment without regard to fault as a cause of the injury.
(2)
There shall be no liability for compensation under this chapter where the injury or death was substantially occasioned by the willful intention of the injured employee to bring about such compensable injury or death.
(b)
The primary obligation to pay compensation is upon the employer, and the procurement of a policy of insurance by an employer to cover the obligation in respect to this chapter shall not relieve the employer of the obligation.
Init. Meas. 1948, No. 4, § 5, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 3; A.S.A. 1947, § 81-1305; reen. Acts 1987, No. 1015, § 3; Acts 1993, No. 796, § 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 4 - EMPLOYER LIABILITY - INSURANCE (§§ 11-9-401 — 11-9-412) › Section 11-9-403 - Waiver of exclusion or exemption

(a)
Any employer carrying on any exempted or excepted employment may at any time waive the exemptions or exceptions as to any employee or all employees engaged in the employment as the employer may elect by giving notice of waiver of the exemptions or exceptions as provided in subsection (b) of this section.
(b)
Notice of waiver of exclusion or exemption referred to in subsection (a) of this section shall be given in accordance with the following provisions:
(1)
Every employer who waives the exclusion or exemption shall post, and keep posted, in and about the employer's place of business typewritten or printed notices to that effect in accordance with a form to be prescribed by the Workers' Compensation Commission, and the employer shall file a duplicate of the notice with the commission.
(2)
The notice shall be given at least thirty (30) days prior to any injury. However, if the injury occurs less than thirty (30) days after the date of employment, the notice, if given at the time of employment, shall be sufficient notice.
Init. Meas. 1948, No. 4, §§ 7, 8, Acts 1949, p. 1420; A.S.A. 1947, §§ 81-1307, 81-1308.
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 4 - EMPLOYER LIABILITY - INSURANCE (§§ 11-9-401 — 11-9-412) › Section 11-9-405 - Substitution of carrier for employer

(a)
In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer and in order that the administration of this chapter with respect to that liability may be facilitated, the Workers' Compensation Commission shall by rule provide for the discharge by the carrier, for the employer, of the obligations and duties of the employer with respect to such liability imposed by this chapter upon the employer as it considers proper in order to effectuate the provisions of this chapter.
(b)
For such purpose:
(1)
Notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier;
(2)
Jurisdiction over the employer by the commission or by any court under this chapter shall be jurisdiction over the carrier; and
(3)
Any requirements by the commission or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.
Amended by Act 2019, No. 315,§ 785, eff. 7/24/2019.
Init. Meas. 1948, No. 4, § 37, Acts 1949, p. 1420; A.S.A. 1947, § 81-1337.
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 4 - EMPLOYER LIABILITY - INSURANCE (§§ 11-9-401 — 11-9-412) › Section 11-9-407 - Posting notice of compliance

(a)
Every employer who has secured compensation under the provisions of this chapter shall keep posted in a conspicuous place in and about the employer's place of business typewritten or printed notices in accordance with a form prescribed by the Workers' Compensation Commission. The notices shall state that the employer has secured the payment of compensation in accordance with the provisions of this chapter.
(b)
The notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy.
Init. Meas. 1948, No. 4, § 41, Acts 1949, p. 1420; A.S.A. 1947, § 81-1341.
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 4 - EMPLOYER LIABILITY - INSURANCE (§§ 11-9-401 — 11-9-412) › Section 11-9-411 - Effect of payment by other insurers

(a)
(1)
Any benefits payable to an injured worker under this chapter shall be reduced in an amount equal to, dollar-for-dollar, the amount of benefits the injured worker has previously received for the same medical services or period of disability, whether those benefits were paid under a group health care service plan of whatever form or nature, a group disability policy, a group loss of income policy, a group accident, health, or accident and health policy, a self-insured employee health or welfare benefit plan, or a group hospital or medical service contract.
(2)
The reduction specified in subdivision (a)(1) of this section does not apply to any benefit received from a group policy for disability if the injured worker has paid for the policy.
(b)
The claimant shall be required to disclose in a manner to be determined by the Workers' Compensation Commission the identity, address, or phone number of any person or entity which has paid benefits described in this section in connection with any claim under this chapter.
(c)
(1)
Prior to any final award or approval of a joint petition, the claimant shall be required to furnish the respondent with releases of all subrogation claims for the benefits described in this section.
(2)
(A)
In the event that the claimant is unable to produce releases required by this section, then the commission shall determine the amount of such potential subrogation claims and shall direct the carrier or self-insured employer to hold in reserve only said sums for a period of five (5) years.
(B)
If, after the expiration of five (5) years, no release or final court order is presented otherwise directing the payment of said sums, then the carrier or self-insured employer shall tender said sums to the Death and Permanent Total Disability Trust Fund.
Acts 1993, No. 796, § 32; 2009, No. 327, § 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 4 - EMPLOYER LIABILITY - INSURANCE (§§ 11-9-401 — 11-9-412) › Section 11-9-412 - Motor carrier drivers - Definitions

(a)
As used in this section:
(1)
"Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property;
(2)
"Driver" means a person, including but not limited to a member of a team, who operates a commercial motor vehicle;
(3)
"Motor carrier" means a person, partnership, corporation, or limited liability company that provides truck transportation; and
(4)
"Owner-operator" means a person, partnership, corporation, or limited liability company that owns or holds under a bona fide lease a commercial motor vehicle that is provided to a motor carrier.
(b)
(1)
Notwithstanding any other law, an owner-operator that provides a commercial motor vehicle and the services of one (1) or more drivers to a motor carrier under a written contract, and each driver so provided, is not an employee of the motor carrier but is an independent contractor of the motor carrier.
(2)
The motor carrier shall not be liable for any compensation required by this chapter to the owner-operator, its employees, or subcontractors.
(3)
An owner-operator that is under exclusive contract to the motor carrier may elect to secure coverage for the owner-operator and for one (1) or more drivers of the owner-operator through a workers' compensation insurance policy or authorized self-insurance plan that insures the motor carrier if:
(A)
The election by the owner-operator is made in writing as part of a written contract between the owner-operator and the motor carrier; and
(B)
The owner-operator pays the premiums as requested by the motor carrier.
(4)
An owner-operator's election, whether or not under subdivision (b)(3) of this section, to be covered and to have one (1) or more of its drivers covered under a workers' compensation insurance policy or authorized self-insurance plan shall not terminate or otherwise affect the independent-contractor status of the owner-operator or of any of its drivers.
Added by Act 2013, No. 1166,§ 1, eff. 8/16/2013.