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Subchapter 1 - General Provisions
§ 11-9-101. Title — Purpose - (a) This chapter shall be cited as the “Workers' Compensation...
§ 11-9-102. Definitions - As used in this chapter: (1) “Carrier” means any stock...
§ 11-9-103. Applicability - (a) Every employer and every employee, unless otherwise specifically provided...
§ 11-9-104. Effect of unconstitutionality - If any part of this chapter is adjudged unconstitutional by...
§ 11-9-105. Remedies exclusive — Exception - (a) The rights and remedies granted to an employee subject...
§ 11-9-106. Penalties for misrepresentation - (a) (1) (A) Any person or entity who willfully and...
§ 11-9-107. Penalties for discrimination for filing claim - (a) (1) Any employer who willfully discriminates in regard to...
§ 11-9-108. Waiver of compensation void — Exception - (a) No agreement by an employee to waive his or...
§ 11-9-109. Agreement to pay premium void - (a) No agreement by an employee to pay any portion...
§ 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...
§ 11-9-111. Compensation payable to certain alien dependents - (a) Compensation to alien nonresidents of the United States or...
§ 11-9-112. Preference for due compensation - Compensation due an injured employee or his or her dependents...
§ 11-9-113. Mental injury or illness - (a) (1) A mental injury or illness is not a...
§ 11-9-114. Heart or lung injury or illness - (a) A cardiovascular, coronary, pulmonary, respiratory, or cerebrovascular accident or...
§ 11-9-115. Disclosure of child support obligations - (a) (1) At any time an application is made for...
§ 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...
§ 11-9-117. Carpal tunnel syndrome guidelines - Pursuant to its rulemaking authority, the Workers' Compensation Commission shall...
§ 11-9-118. Provider payments while claims are pending - (a) No hospital, physician, or other healthcare provider shall bill...
Subchapter 2 - Workers' Compensation Commission
§ 11-9-201. Members — Appointment — Compensation - (a) (1) The Workers' Compensation Commission shall consist of three...
§ 11-9-202. Members — Bond - (a) The members shall give bond in the sum of...
§ 11-9-203. Members — Removal - (a) The Governor may, at any time, remove any member...
§ 11-9-204. Proceedings - (a) Members of the Workers' Compensation Commission shall be considered...
§ 11-9-205. Administration of chapter — Staff and expenditures - (a) (1) For the purpose of administering the provisions of...
§ 11-9-206. Traveling expenses for members and employees - Any member or employee of the Workers' Compensation Commission shall...
§ 11-9-207. Powers and duties - (a) In addition to its other duties and powers, the...
§ 11-9-208. Biennial report - On or before the first day of the regular session...
§ 11-9-209. Statistical data collection - (a) The Workers' Compensation Commission shall publish annually, on an...
§ 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...
Subchapter 3 - Funds — Taxes and Fees
§ 11-9-301. Funds established - (a) There are established on the books of the Treasurer...
§ 11-9-302. Qualifying fees for carriers, third-party administrators, and self-insurers - (a) Each carrier writing compensation insurance in this state shall...
§ 11-9-303. Payment of tax by carrier — Definition - (a) (1) In addition to the premium taxes collected from...
§ 11-9-304. Payment of tax by self-insurer - (a) (1) The Workers' Compensation Commission shall collect a tax...
§ 11-9-305. Payment of tax by public employer - (a) (1) (A) The Workers' Compensation Commission shall collect a...
§ 11-9-306. Determination of surplus and rate of taxation - (a) (1) The Workers' Compensation Commission, on or before December...
§ 11-9-307. Certification of cost of administering Public Employee Claims Division - (a) During the biennial period beginning July 1, 1989, and...
Subchapter 4 - Employer Liability — Insurance
§ 11-9-401. Employer's liability for compensation - (a) (1) Every employer should secure compensation to its employees...
§ 11-9-402. Liability of prime contractors and subcontractors — Sole proprietorships or partnerships - (a) Where a subcontractor fails to secure compensation required by...
§ 11-9-403. Waiver of exclusion or exemption - (a) Any employer carrying on any exempted or excepted employment...
§ 11-9-404. Security for compensation - (a) Every employer shall secure the payment of compensation under...
§ 11-9-405. Substitution of carrier for employer - (a) In any case where the employer is not a...
§ 11-9-406. Failure to secure payment of compensation — Penalty - (a) (1) Any employer required to secure the payment of...
§ 11-9-407. Posting notice of compliance - (a) Every employer who has secured compensation under the provisions...
§ 11-9-408. Insurance policies - (a) Contents. Every policy or contract of insurance issued by...
§ 11-9-409. Safety and health loss control consultative services - (a) Workers' Health and Safety Division. (1) The Workers' Compensation...
§ 11-9-410. Third-party liability - (a) Liability Unaffected. (1) (A) The making of a claim...
§ 11-9-411. Effect of payment by other insurers - (a) (1) Any benefits payable to an injured worker under...
§ 11-9-412. Motor carrier drivers — Definitions - (a) As used in this section: (1) “Commercial motor vehicle”...
Subchapter 5 - Accidental Injury or Death
§ 11-9-501. Limitations on compensation — Death and disability - (a) (1) Compensation to the injured employee shall not be...
§ 11-9-502. Limitations on compensation — Exceptions - (a) The benefits shall be paid for a period not...
§ 11-9-503. Violation of safety provisions - (a) (1) Notwithstanding any other definition of extra-hazardous employer as...
§ 11-9-504. Additional compensation — Illegally employed minor - (a) Where an injury or death is sustained by a...
§ 11-9-505. Additional compensation — Rehabilitation - (a) (1) Any employer who without reasonable cause refuses to...
§ 11-9-506. Limitations on compensation — Recipients of unemployment benefits - (a) Any other provisions of this chapter to the contrary...
§ 11-9-507. Special project to improve safety - (a) For the fiscal year beginning July 1, 1987, the...
§ 11-9-508. Medical services and supplies — Liability of employer — Definition - (a) (1) The employer shall promptly provide for an injured...
§ 11-9-509. Medical services and supplies — Amounts and time periods - The amounts payable or time periods allowable for authorized medical,...
§ 11-9-510. Medical services and supplies — Contest of liability - The employer shall not be liable for any of the...
§ 11-9-511. Medical services and supplies — Physical examination - (a) An injured employee claiming to be entitled to compensation...
§ 11-9-512. Medical services and supplies — Refusal to submit to operation - Except in cases of hernia, which are specifically covered by...
§ 11-9-513. Medical services and supplies — Approval of charges - (a) All persons who render services or provide things mentioned...
§ 11-9-514. Medical services and supplies — Change of physician - (a) (1) If the employee selects a physician, the Workers'...
§ 11-9-515. Medical services and supplies — Spiritual treatment - (a) When an employer and employee so agree in writing,...
§ 11-9-516. Medical services and supplies — Information furnished by provider - (a) (1) Every hospital or other person furnishing the injured...
§ 11-9-517. Medical services and supplies — Rules - The Workers' Compensation Commission is authorized to establish rules, including...
§ 11-9-518. Weekly wages as basis for compensation - (a) (1) Compensation shall be computed on the average weekly...
§ 11-9-519. Compensation for disability — Total disability - (a) In case of total disability, there shall be paid...
§ 11-9-520. Compensation for disability — Temporary partial disability - In case of temporary partial disability resulting in the decrease...
§ 11-9-521. Compensation for disability — Scheduled permanent injuries - (a) An employee who sustains a permanent compensable injury scheduled...
§ 11-9-522. Compensation for disability — Unscheduled permanent partial disability - (a) A permanent partial disability not scheduled in § 11-9-521...
§ 11-9-523. Compensation for disability — Hernia - (a) In all cases of claims for hernia, it shall...
§ 11-9-524. Compensation for disability — Disfigurement - (a) The Workers' Compensation Commission shall award compensation for serious...
§ 11-9-525. Compensation for disability — Second injuries - (a) (1) The Second Injury Trust Fund established in this...
§ 11-9-526. Compensation for disability — Refusal of employee to accept employment - If any injured employee refuses employment suitable to his or...
§ 11-9-527. Compensation for death - (a) Funeral Expenses. If death results from an injury occurring...
§ 11-9-528. Employer records - (a) Every employer shall keep a record with respect to...
§ 11-9-529. Employer reports - (a) Within ten (10) days after the date of receipt...
§ 11-9-530. Managed care implementation - Implementation of Workers' Compensation Commission Rule 33 regarding managed care...
Subchapter 6 - Occupational Disease
§ 11-9-601. Compensation generally - (a) Where an employee suffers from an occupational disease as...
§ 11-9-602. Compensation for silicosis or asbestosis - (a) As used in this subchapter, unless the context otherwise...
§ 11-9-603. Practice and procedure - (a) (1) Except as otherwise provided in this subchapter, procedure...
Subchapter 7 - Proceedings Before Workers' Compensation Commission
§ 11-9-701. Notice of injury or death - (a) (1) Unless an injury either renders the employee physically...
§ 11-9-702. Filing of claims - (a) Time for Filing. (1) A claim for compensation for...
§ 11-9-703. Preliminary conference procedure - The Workers' Compensation Commission is authorized and directed to promulgate...
§ 11-9-704. Proceedings on claims - (a) Notice. Within ten (10) days after a claim for...
§ 11-9-705. Nature of proceedings generally - (a) Conduct of Hearing or Inquiry. (1) In making an...
§ 11-9-706. Conduct of proceedings — Contempt - (a) The Workers' Compensation Commission shall have the power to...
§ 11-9-707. Presumptions - In any proceeding for the enforcement of a claim for...
§ 11-9-708. Depositions - The Workers' Compensation Commission may cause depositions of witnesses to...
§ 11-9-709. Witness fees - Each witness who appears in obedience to a subpoena shall...
§ 11-9-710. Attorneys - (a) Where the Workers' Compensation Commission is a party to...
§ 11-9-711. Finality of order or award — Review - (a) Award or Order of Administrative Law Judge or Single...
§ 11-9-712. Enforcement of order or award - If any employer fails to comply with a final compensation...
§ 11-9-713. Modification of awards - (a) (1) Except where a joint petition settlement has been...
§ 11-9-714. Costs in proceedings brought without reasonable grounds - If the court having jurisdiction of proceedings in respect of...
§ 11-9-715. Fees for legal services - (a) (1) (A) Fees for legal services rendered in respect...
§ 11-9-716. Lump-sum attorney's fees - (a) The Workers' Compensation Commission is authorized to approve lump-sum...
§ 11-9-717. Attorney's signature - (a) (1) (A) Every claim, request for benefits, request for...
Subchapter 8 - Payment
§ 11-9-801. Methods of payment - (a) Compensation shall be paid by check, by electronic funds...
§ 11-9-802. Installments - (a) The first installment of compensation shall become due on...
§ 11-9-803. Controversion of right to compensation - (a) (1) Each employer desiring to controvert the right to...
§ 11-9-804. Lump-sum settlement - (a) (1) Whenever the Workers' Compensation Commission determines that it...
§ 11-9-805. Joint petition for final settlement - (a) (1) Except as provided in subdivision (a)(2) of this...
§ 11-9-806. Disputed source of benefits - (a) In any case where an employer changes insurance carriers...
§ 11-9-807. Credit for compensation or wages paid - (a) If the employer has made advance payments for compensation,...
§ 11-9-808. Deposit or bond to secure payment - The Workers' Compensation Commission may require any employer to make...
§ 11-9-809. Interest - Compensation shall bear interest at the legal rate from the...
§ 11-9-810. Notice of payment - (a) Upon making the first payment and upon suspension of...
§ 11-9-811. Investigations - Upon its own initiative at any time where compensation payments...
§ 11-9-812. Incarceration of injured employee - (a) (1) When any person who receives workers' compensation benefits...
§ 11-9-813. Deductibles - (a) (1) Upon approval by the Insurance Commissioner, and following...
Subchapter 9 - Workers' Compensation Private Sector Self-Insurer Guaranty Funds
§ 11-9-901. Creation — Exemption - (a) (1) (A) The Workers' Compensation Commission is hereby authorized...
§ 11-9-902. Rules - The Workers' Compensation Commission shall promulgate rules to implement this...
§ 11-9-903. Liability - There shall be no liability on the part of, and...
§ 11-9-904. Amount of fund — Assessment — Inadequacy - (a) Each corporation acting as the guaranty fund shall independently...
§ 11-9-905. Report to board of directors on financial condition of self-insurer - The Workers' Compensation Commission shall report to the board of...
§ 11-9-906. Money to be vested in corporation — Annual audit - (a) Moneys collected by the Workers' Compensation Commission and disbursed...
§ 11-9-907. Investment — Use of funds - The board of directors of each corporation shall direct the...
§ 11-9-908. Subrogation - (a) Each corporation shall have full rights of subrogation against...
§ 11-9-909. Action against self-insurer - (a) Each corporation is also authorized to take all necessary...
§ 11-9-910. Private sector participants - All private sector participants in the Arkansas workers' compensation self-insurers'...
§ 11-9-911. Termination of self-insurer status — Liability - Any person or entity whose workers' compensation self-insurer status is...
Subchapter 10 - Revision of Workers' Compensation Laws
§ 11-9-1001. Legislative declaration - The Seventy-Ninth General Assembly realizes that the Arkansas workers' compensation...