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11-9-603. Practice and procedure.

Arkansas Code — all titles (historical 2020) · legal_authorities

11-9-603. Practice and procedure.

11-9-603. Practice and procedure. (a)(1) Except as otherwise provided in this subchapter, procedure with respect to notice of disability or death and as to the filing of claims and determination of claims shall be the same as in cases of accidental injury or death. (2)(A) Written notice shall be given to the employer of an occupational disease by the employee, or someone in his or her behalf, within ninety (90) days after the first distinct manifestation thereof. (B) In the case of death from an occupational disease, written notice of death shall also be given to the employer within ninety (90) days thereafter. (b) An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced, or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or undue influence or of change of condition, and then only upon application by a party in interest made not later than one (1) year after the denial of award or, where compensation has been awarded, after the award or the date when the last payment was made under the award, except in cases of silicosis or asbestosis, where the time limit shall be two (2) years.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-603

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:11-9-603
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c3a68392b32b1c25da1f764ace094a4fb5c97afd60e7c028b22ff29d9bb93264

Source location: content.xml paragraph 8294

Stored source content

11-9-603. Practice and procedure. (a)(1) Except as otherwise provided in this subchapter, procedure with respect to notice of disability or death and as to the filing of claims and determination of claims shall be the same as in cases of accidental injury or death. (2)(A) Written notice shall be given to the employer of an occupational disease by the employee, or someone in his or her behalf, within ninety (90) days after the first distinct manifestation thereof. (B) In the case of death from an occupational disease, written notice of death shall also be given to the employer within ninety (90) days thereafter. (b) An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced, or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or undue influence or of change of condition, and then only upon application by a party in interest made not later than one (1) year after the denial of award or, where compensation has been awarded, after the award or the date when the last payment was made under the award, except in cases of silicosis or asbestosis, where the time limit shall be two (2) years.

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