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11-9-703. Preliminary conference procedure.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-703. Preliminary conference procedure.
The Workers' Compensation Commission is authorized and directed to promulgate appropriate rules to establish and implement, for claims with respect to injuries occurring on or after January 1, 1987, a preliminary conference procedure designed to accomplish the following objectives:
(1) To provide the claimant an opportunity to confer with a legal advisor on the staff of the commission to be advised of his or her rights under this chapter and to ensure that the rights are protected. The conference shall be held in the county where the accident occurred, if the accident occurred in this state, unless otherwise agreed to between the parties, or otherwise directed by the commission;
(2) To provide an opportunity for, but not to compel, a binding settlement of some or all the issues present at the time;
(3) To facilitate the resolution of issues without the expense of litigation or attorney's fees for either party;
(4)(A)(i) To authorize the legal advisor to approve compromise settlements entered into at or as a result of the preliminary conference and those joint petition settlements entered into pursuant to § 11-9-805.
(ii) Provided, however, the same legal advisors shall not both advise the claimant and approve the joint petition.
(B) The purpose and intent of this section is to affirm the duty of the commission to provide legal assistance, thereby reducing litigation and workers' compensation costs; and
(5) No moneys appropriated by Acts 1987, No. 1046, or any other act shall be expended to fund preliminary conferences held pursuant to § 11-9-102,§ 11-9-205, §§ 11-9-501 — 11-9-503,§ 11-9-517,§ 11-9-521,§ 11-9-522,§ 11-9-527,§§ 11-9-701 — 11-9-704,§ 11-9-715,§ 11-9-802, or § 11-9-804, other than in the county wher
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-703
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:11-9-703
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 77e413f8be2eac0f9c10697350315dc734143712232bbce31b75e22a874bfb1e
Source location: content.xml paragraph 8621
Stored source content
11-9-703. Preliminary conference procedure.
The Workers' Compensation Commission is authorized and directed to promulgate appropriate rules to establish and implement, for claims with respect to injuries occurring on or after January 1, 1987, a preliminary conference procedure designed to accomplish the following objectives:
(1) To provide the claimant an opportunity to confer with a legal advisor on the staff of the commission to be advised of his or her rights under this chapter and to ensure that the rights are protected. The conference shall be held in the county where the accident occurred, if the accident occurred in this state, unless otherwise agreed to between the parties, or otherwise directed by the commission;
(2) To provide an opportunity for, but not to compel, a binding settlement of some or all the issues present at the time;
(3) To facilitate the resolution of issues without the expense of litigation or attorney's fees for either party;
(4)(A)(i) To authorize the legal advisor to approve compromise settlements entered into at or as a result of the preliminary conference and those joint petition settlements entered into pursuant to § 11-9-805.
(ii) Provided, however, the same legal advisors shall not both advise the claimant and approve the joint petition.
(B) The purpose and intent of this section is to affirm the duty of the commission to provide legal assistance, thereby reducing litigation and workers' compensation costs; and
(5) No moneys appropriated by Acts 1987, No. 1046, or any other act shall be expended to fund preliminary conferences held pursuant to § 11-9-102,§ 11-9-205, §§ 11-9-501 — 11-9-503,§ 11-9-517,§ 11-9-521,§ 11-9-522,§ 11-9-527,§§ 11-9-701 — 11-9-704,§ 11-9-715,§ 11-9-802, or § 11-9-804, other than in the county where the accident occurred, if the accident occurred in this state, the county of the claimant's residence, or such other county as agreed to by the parties.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-102. Definitions.
As used in this chapter:
(1) “Carrier” means any stock company, mutual company, or reciprocal or interinsurance exchange authorized to write or carry on the business of workers' compensation insurance in this state. Whenever required by the context, the term “carrier” shall be deemed to include duly qualified self-insureds or self-insured groups;
(2) “Child” means a natural child, a posthumous child, a child legally adopted prior to injury of the employee, a stepchild, an acknowledged illegitimate child of the deceased or of the spouse of the deceased, and a foster child;
(3) “Commission” means the Workers' Compensation Commission;
(4)(A) “Compensable injury” means:
(i) An accidental injury causing internal or external physical harm to the body or accidental injury to prosthetic appliances, including eyeglasses, contact lenses, or hearing aids, arising out of and in the course of employment and which requires medical services or results in disability or death. An injury is “accidental” only if it is caused by a specific incident and is identifiable by time and place of occurrence;
(ii) An injury causing internal or external physical harm to the body and arising out of and in the course of employment if it is not caused by a specific incident or is not identifiable by time and place of occurrence, if the injury is:
(a) Caused by rapid repetitive motion. Carpal tunnel syndrome is specifically categorized as a compensable injury falling within this definition;
(b) A back or neck injury which is not caused by a specific incident or which is not identifiable by time and place of occurrence; or
(c) Hearing loss which is not caused by a specific incident or which is not identifiable by time and place of occurrence;
(iii) Mental illne
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-102
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 11-9-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-205. Administration of chapter — Staff and expenditures.
(a)(1) For the purpose of administering the provisions of this chapter, the Workers' Compensation Commission is authorized:
(A) To make such rules may be found necessary;
(B) To appoint and fix the compensation of temporary technical assistants and medical and legal advisers and to appoint and to fix the compensation of clerical assistants and other officers and employees; and
(C) To make such expenditures, including those for personal service, rent, books, periodicals, office equipment, and supplies, and for printing and binding as may be necessary.
(2)(A) Prior to the adoption, prescription, amendment, modification, or repeal of any rule or form, the commission shall give at least forty-five (45) days' notice of its intended action.
(B) The notice shall include a statement of the terms or substance of the intended action or description of the subjects and issues involved, and the time, place, and manner in which interested persons may present their views thereon.
(C) The notice shall be mailed to any person specified by law or who shall have requested advance notice of rulemaking proceedings.
(3) The commission shall afford all interested persons a reasonable opportunity to submit written data, views, or arguments, and, if the commission in its discretion shall so direct, oral testimony or argument.
(4) Each rule or form adopted by the commission shall be effective twenty (20) days after adoption unless a later date is specified by law or in the rule itself.
(5) All expenditures of the commission in the administration of this chapter shall be allowed and paid from the Workers' Compensation Fund upon the presentation of itemized vouchers approved by the commission.
(b)(1) The commissio
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-205
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 11-9-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-501. Limitations on compensation — Death and disability.
(a)(1) Compensation to the injured employee shall not be allowed for the first seven (7) days' disability resulting from injury, excluding the day of injury.
(2) If a disability extends beyond that period, compensation shall commence with the ninth day of disability.
(3) If a disability extends for a period of two (2) weeks, compensation shall be allowed beginning the first day of disability, excluding the day of injury.
(b) Compensation payable to an injured employee for disability, other than permanent partial disability as specified in subsection (d) of this section, and compensation payable to surviving dependents of a deceased employee, the total disability rate shall not exceed sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage with a twenty dollar ($20.00) per week minimum, subject to the following maximums:
(1) For disability or death due to an injury occurring on and after July 1, 1987, through December 31, 1988, the maximum weekly benefits payable shall be one hundred eighty-nine dollars ($189);
(2) For disability or death due to an injury occurring on and after January 1, 1989, through December 31, 1989, the maximum weekly benefits payable shall be sixty-six and two-thirds percent (662/3%) of the state average weekly wage;
(3) For a disability or death which results from an injury occurring on and after January 1, 1990, the maximum weekly benefit payable shall be seventy percent (70%) of the state average weekly wage;
(4) For a disability or death which results from an injury occurring during a calendar year beginning on or after January 1, 1996, the maximum weekly benefit payable shall be eighty-five percent (85%) of the state average weekly wage if, an
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-501
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 11-9-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 vocati
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-805
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 11-9-805. This identifies an authority to review, not proof of applicability.