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Home » US Law » 2020 Arkansas Code » Title 11 - Labor and Industrial Relations » Chapter 9 - Workers' Compensation » 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 or mentally unable to do so, or is made known to the employer immediately after it occurs, the employee shall report the injury to the employer on a form prescribed or approved by the Workers’ Compensation Commission and to a person or at a place […]

§ 11-9-702. Filing of claims

(a) Time for Filing. (1) A claim for compensation for disability on account of an injury, other than an occupational disease and occupational infection, shall be barred unless filed with the Workers’ Compensation Commission within two (2) years from the date of the compensable injury. If during the two-year period following the filing of the […]

§ 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 […]

§ 11-9-704. Proceedings on claims

(a) Notice. Within ten (10) days after a claim for compensation has been filed, the Workers’ Compensation Commission shall notify the employer and any other interested person of the filing of the claim. (b) Investigation — Hearing. (1) The commission shall make or cause to be made such investigation as it considers necessary in respect […]

§ 11-9-705. Nature of proceedings generally

(a) Conduct of Hearing or Inquiry. (1) In making an investigation or inquiry or conducting a hearing, the Workers’ Compensation Commission shall not be bound by technical or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry, or conduct […]

§ 11-9-706. Conduct of proceedings — Contempt

(a) The Workers’ Compensation Commission shall have the power to preserve and enforce order during any proceeding had before it, to issue subpoenas for and administer oaths to and compel the attendance and testimony of witnesses, and require the production of books, papers, documents, and other evidence. (b) If any person or party in proceedings […]

§ 11-9-707. Presumptions

In any proceeding for the enforcement of a claim for compensation, the following prima facie presumptions shall exist: (1) That the Workers’ Compensation Commission has jurisdiction; (2) That sufficient notice was given; and (3) That the injury was not occasioned by the willful intention of the injured employee to bring about the injury of himself […]

§ 11-9-708. Depositions

The Workers’ Compensation Commission may cause depositions of witnesses to be taken in such manner as it may direct.

§ 11-9-709. Witness fees

Each witness who appears in obedience to a subpoena shall be entitled to the same fees as witnesses in a civil action in the circuit court.

§ 11-9-710. Attorneys

(a) Where the Workers’ Compensation Commission is a party to or is otherwise interested in a court proceeding under this chapter, it may employ attorneys to appear in its behalf. (b) If requested by the commission, it shall be the duty of the Attorney General or the prosecuting attorneys of the different circuits to represent […]

§ 11-9-711. Finality of order or award — Review

(a) Award or Order of Administrative Law Judge or Single Commissioner — Review. (1) A compensation order or award of an administrative law judge or a single commissioner shall become final unless a party to the dispute shall, within thirty (30) days from the receipt by him or her of the order or award, petition […]

§ 11-9-712. Enforcement of order or award

If any employer fails to comply with a final compensation order or award, any beneficiary of the order or award, or the Workers’ Compensation Commission, may file a certified copy of the order or award in the office of the circuit clerk of any county in this state where any property of the employer may […]

§ 11-9-713. Modification of awards

(a) (1) Except where a joint petition settlement has been approved, the Workers’ Compensation Commission may review any compensation order, award, or decision. (2) This may be done at any time within six (6) months of termination of the compensation period fixed in the original compensation order or award, upon the commission’s own motion or […]

§ 11-9-714. Costs in proceedings brought without reasonable grounds

If the court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect to the claim or order have been instituted or continued without reasonable grounds, the cost of the proceedings shall be assessed against the party who has instituted or continued the proceedings.

§ 11-9-715. Fees for legal services

(a) (1) (A) Fees for legal services rendered in respect of a claim shall not be valid unless approved by the Workers’ Compensation Commission. (B) Attorney’s fees shall be twenty-five percent (25%) of compensation for indemnity benefits payable to the injured employee or dependents of a deceased employee. Attorney’s fees shall not be awarded on […]

§ 11-9-716. Lump-sum attorney’s fees

(a) The Workers’ Compensation Commission is authorized to approve lump-sum attorney’s fees for legal services rendered in respect of a claim before the commission. (b) The lump-sum attorney’s fees are allowable notwithstanding that the award of compensation to the injured employee is to be paid on an installment basis. (c) Lump-sum attorney’s fees, if approved […]

§ 11-9-717. Attorney’s signature

(a) (1) (A) Every claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one (1) attorney of record in his or her individual name, whose address shall be stated. (B) A […]