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21-5-605. Public Employee Claims Division.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-5-605. Public Employee Claims Division.
(a) There is created a Public Employee Claims Division within the State Insurance Department.
(b) The Director of the Public Employee Claims Division shall be appointed by the Insurance Commissioner.
(c) The division is designated as the unit of state government primarily responsible for the administration of public employee workers' compensation claims in the State of Arkansas.
(d) Upon payment of compensation to or on behalf of any public employee, the division shall notify the appropriate public employer involved.
(e)(1) The division shall determine in every claim where compensation is awarded the reserve value of such claim.
(2) Annually, on June 30 of each fiscal period, the director shall prepare a report which states the total of all reserve values established for the claims filed in that fiscal period and the total amount of moneys disbursed for payment of claims during that same period.
(3) The report shall be submitted to the Insurance Commissioner between June 30 and September 30.
(f)(1) In each case where a claim for workers' compensation benefits is made under this subchapter, the division shall investigate the claim to ensure that the compensation benefits paid are justified by the facts of the claim and the reserve values for the claim established accordingly.
(2) The division shall in all appropriate cases pursue the recovery of benefits paid to public employees from third parties pursuant to § 11-9-410.
(3)(A) The making of a claim for compensation against any public employer or the division for the injury or death of a public employee shall not affect the right of the public employee, or his or her dependents, to make claim or maintain an action in tort against any third party for the injur
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-5-605
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:21-5-605
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5cee62b9a8a3e5dc9490a28a848e3a47b4f3a89adf5f88b7c579d7f027b9483b
Source location: content.xml paragraph 4279
Stored source content
21-5-605. Public Employee Claims Division.
(a) There is created a Public Employee Claims Division within the State Insurance Department.
(b) The Director of the Public Employee Claims Division shall be appointed by the Insurance Commissioner.
(c) The division is designated as the unit of state government primarily responsible for the administration of public employee workers' compensation claims in the State of Arkansas.
(d) Upon payment of compensation to or on behalf of any public employee, the division shall notify the appropriate public employer involved.
(e)(1) The division shall determine in every claim where compensation is awarded the reserve value of such claim.
(2) Annually, on June 30 of each fiscal period, the director shall prepare a report which states the total of all reserve values established for the claims filed in that fiscal period and the total amount of moneys disbursed for payment of claims during that same period.
(3) The report shall be submitted to the Insurance Commissioner between June 30 and September 30.
(f)(1) In each case where a claim for workers' compensation benefits is made under this subchapter, the division shall investigate the claim to ensure that the compensation benefits paid are justified by the facts of the claim and the reserve values for the claim established accordingly.
(2) The division shall in all appropriate cases pursue the recovery of benefits paid to public employees from third parties pursuant to § 11-9-410.
(3)(A) The making of a claim for compensation against any public employer or the division for the injury or death of a public employee shall not affect the right of the public employee, or his or her dependents, to make claim or maintain an action in tort against any third party for the injury.
(B) In such event, the rights of the public employee, or his or her dependents, the public employer, and the division shall be governed by the provisions of § 11-9-410, provided, the rights of the public employer and the division in and to amounts received from the third party by the injured public employee, or his or her dependents, as a result of either settlement with or judgment against the third party shall be absolute.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-410. Third-party liability.
(a)Liability Unaffected.
(1)(A) The making of a claim for compensation against any employer or carrier for the injury or death of an employee shall not affect the right of the employee, or his or her dependents, to make a claim or maintain an action in court against any third party for the injury, but the employer or the employer's carrier shall be entitled to reasonable notice and opportunity to join in the action.
(B) If they, or either of them, join in the action, they shall be entitled to a first lien upon two-thirds (2/3) of the net proceeds recovered in the action that remain after the payment of the reasonable costs of collection, for the payment to them of the amount paid and to be paid by them as compensation to the injured employee or his or her dependents.
(2) The commencement of an action by an employee or his or her dependents against a third party for damages by reason of an injury to which this chapter is applicable, or the adjustment of any claim, shall not affect the rights of the injured employee or his or her dependents to recover compensation, but any amount recovered by the injured employee or his or her dependents from a third party shall be applied as follows:
(A) Reasonable costs of collection shall be deducted;
(B) Then, in every case, one-third (1/3) of the remainder shall belong to the injured employee or his or her dependents, as the case may be;
(C) The remainder, or so much as is necessary to discharge the actual amount of the liability of the employer and the carrier; and
(D) Any excess shall belong to the injured employee or his or her dependents.
(b)Subrogation.
(1) An employer or carrier liable for compensation under this chapter for the injury or death of an employee shall have the rig
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-410
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 11-9-410. This identifies an authority to review, not proof of applicability.