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11-10-529. Claims — Decision of Board of Review — Judicial review.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-529. Claims — Decision of Board of Review — Judicial review.
(a)(1)(A) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent.
(B)(i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope.
(ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail.
(iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date.
(2)(A) The petition for review need not be verified but shall state the grounds upon which the review is sought.
(B) The Director of the Division of Workforce Services is made a party to the proceedings.
(C) The petition shall be served upon the director by leaving with him or her, or such representative as he or she may designate for that purpose, as many copies of the petition as there are respondents.
(b)(1)(A) With his or her answer or petition, the director shall file with the court a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the board's findings, conclusions, and decision.
(B) The record shall be certified by the Chair of the Board of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-529
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-10-529
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d3dc12f923d45e80ae58c17b7c77cde8d0cc7f474bd591c22aa09b941b85c0cd
Source location: content.xml paragraph 12644
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11-10-529. Claims — Decision of Board of Review — Judicial review.
(a)(1)(A) Any party entitled to a decision of the Board of Review shall have thirty (30) calendar days from the date the decision is mailed to his or her last known address in which to request a judicial review by filing in the Court of Appeals a petition for review of the decision, and in the proceedings any other party to the proceeding before the board shall be made a party respondent.
(B)(i) If mailed, a petition for review shall be considered filed as of the date of the postmark on the envelope.
(ii) In the event of a nonexistent or illegible postmark, the Clerk of the Court of Appeals shall notify the appellant by mail.
(iii) The appellant shall then have ten (10) calendar days from the posted mailing date of the clerk's notification letter to provide the court proof of timely mailing of the request for judicial review by producing a delivery confirmation or a certified mail return receipt document bearing evidence of the accurate post date.
(2)(A) The petition for review need not be verified but shall state the grounds upon which the review is sought.
(B) The Director of the Division of Workforce Services is made a party to the proceedings.
(C) The petition shall be served upon the director by leaving with him or her, or such representative as he or she may designate for that purpose, as many copies of the petition as there are respondents.
(b)(1)(A) With his or her answer or petition, the director shall file with the court a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with the board's findings, conclusions, and decision.
(B) The record shall be certified by the Chair of the Board of Review.
(2)(A) Upon the filing of a petition for review by the director or upon the service of the petition on him or her, the director shall forthwith send by mail to each of the parties to the proceeding a copy of the petition.
(B) The mailing shall be deemed to be completed service upon all such parties.
(c)(1) In any proceeding under §§ 11-10-523 — 11-10-530, the findings of the board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the court shall be confined to questions of law.
(2)(A) No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the board.
(B) The board may, after hearing the additional evidence, modify its findings of fact or conclusions and file the additional or modified findings and conclusions, together with a certified transcript of the additional record, with the clerk.
(d)(1) The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the Workers' Compensation Law, § 11-9-101 et seq.
(2) It shall not be necessary as a condition precedent to judicial review of any decision of the board to enter exceptions to the rulings of the board.
(3) No bond shall be required as a condition of initiating a proceeding for judicial review or entering an appeal from the decision of the court upon the review.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-523. Board of Review created — Administrative appeal — Claims.
(a)(1) There is created a Board of Review which shall consist of three (3) members.
(2) The members of the board shall be appointed by the Governor for a term of office of four (4) years or until their successors are appointed and qualified. The four-year terms are to run concurrently with the term of the office of the Governor.
(3) A member of the board may be removed by the Governor for cause after hearing.
(4) Vacancies shall be filled by appointment by the Governor for the unexpired term.
(b)(1) The Governor shall designate as Chair of the Board of Review the member selected to represent the public at large.
(2) The chair shall be paid a full-time salary and devote all of his or her time to his or her duties herein prescribed.
(3) The chair shall have a four-year term beginning with the year 2003 appointment.
(c)(1)(A) The other two (2) members of the board are to serve when requested to serve by the chair of the board at his or her own discretion.
(B) If any interested party requests in writing a review by the full board, then the chair shall direct board members to attend and review the matters as requested by the petitioner.
(2) The members of the board other than the chair may receive expense reimbursement and stipends to be paid from the Employment Security Administration Fund in accordance with § 25-16-901 et seq.
(d) The chair shall appoint some competent person as an examiner and reporter for the board. That person shall have authority under the direction of the chair of the board to:
(1) Hold hearings on appeals and take testimony and submit it to the chair with recommendations, which question shall be determined by the chair. The person, when holding hearings under
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-523
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-523. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-530. Claims — Administrative appeal — Representation.
(a) The Director of the Division of Workforce Services shall be a party entitled to notice in any proceeding involving a claim for benefits before a special examiner, an appeal tribunal, or the Board of Review.
(b) In any proceeding for judicial review pursuant to § 11-10-529, the director may be represented by any qualified attorney employed by the director and designated by him or her for that purpose, or at the director's request by the Attorney General.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-530
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-530. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-101. Title — Purpose.
(a) This chapter shall be cited as the “Workers' Compensation Law”.
(b) The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to all legitimately injured workers who 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; to improve workplace safety through safety programs; to improve health care delivery through use of managed care concepts; to encourage the return to work of injured workers; to deter and punish frauds of agents, brokers, solicitors, employers, and employees relating to procurement of workers' compensation coverage or the provision or denial of benefits; to curtail the rise in medical costs associated with the provision of workers' compensation benefits; and to emphasize that the workers' compensation system in this state must be returned to a state of economic viability.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-9-101. This identifies an authority to review, not proof of applicability.