§ 23-67-301. Title

This subchapter shall be known and cited as the “Arkansas Workers’ Compensation Insurance Plan”.

§ 23-67-302. Purpose

The purpose of this subchapter is to amend title 23 of this Code to provide for the establishment of a mandatory workers’ compensation insurance plan to assure coverage for employers who are in good faith entitled, but unable to procure, workers’ compensation insurance in this state, and to provide that the operation and regulation of […]

§ 23-67-303. Establishment, operation, and regulation

The Insurance Commissioner shall be responsible for the establishment, operation, and regulation of the Arkansas Workers’ Compensation Insurance Plan pursuant to the provisions of this subchapter.

§ 23-67-304. Plan for coverage

(a) The Arkansas Workers’ Compensation Insurance Plan shall give consideration to: (1) The need for adequate and readily accessible coverage; (2) Optional methods of improving the market affected; (3) The need for reasonable underwriting standards; (4) The need for adequate supervisory and servicing procedures to ensure proper operation of the plan; (5) The need to […]

§ 23-67-305. Mandatory participation in the Arkansas Workers’ Compensation Insurance Plan

(a) All insurers licensed to transact workers’ compensation and employers’ liability insurance in this state, as defined in § 23-62-105(a)(3) and who have qualified to transact workers’ compensation insurance pursuant to § 11-9-302(a) shall participate in the equitable apportionment among them of risks eligible for the Arkansas Workers’ Compensation Insurance Plan. (b) Participation in the […]

§ 23-67-306. Employers entitled to insurance

(a) Any employer required to secure the payment of compensation under the provisions of § 11-9-404(a)(1) or any similar federal law shall be entitled to insurance under the provisions of this subchapter, provided: (1) The employer pays his or her premium based upon the premium payment rules approved by the Insurance Commissioner; (2) The employer […]

§ 23-67-307. Cancellation of policy

If, after the issuance of a policy providing insurance pursuant to the provisions of this subchapter, the insurer which issued the policy finds that the employer to whom the policy was issued is not, or has ceased to be, entitled to the insurance, the insurer shall have the right to cancel the policy in accordance […]

§ 23-67-308. Failure of insurer to comply

If any insurer refuses or neglects to comply with the provisions of this subchapter or with any order or ruling made by the Insurance Commissioner pursuant to this subchapter, the insurer shall be subject to the administrative penalties provided for in the Arkansas Insurance Code.

§ 23-67-309. Appeal

Any person aggrieved by an order or ruling made by the Insurance Commissioner under the provisions of this subchapter shall have the right to appeal the order or ruling pursuant to § 23-61-307.

§ 23-67-310. Rules

The Insurance Commissioner is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.

§ 23-67-311. Association policies

Under such rules as shall be adopted by the Insurance Commissioner, and notwithstanding other provisions of this chapter, the commissioner is given the authority in the Arkansas Workers’ Compensation Insurance Plan to allow the issuance of group or association workers’ compensation insurance policies to logging contractors or dealers as sponsors. The policies may, in turn, […]

§ 23-67-312. Alternate preferred plan

(a) The Insurance Commissioner shall establish within the Arkansas Workers’ Compensation Insurance Plan an alternate preferred plan for employers, including logging or pulpwood dealers or contractors, who have carried workers’ compensation insurance coverage continuously for at least four (4) policy years and who have had better than average loss experience and meet such additional reasonable […]

§ 23-67-313. Competitive selection

(a) The Insurance Commissioner shall make a good faith effort to comply with the intent of the provisions requiring competitive selection of the administrator of the Arkansas Workers’ Compensation Insurance Plan and servicing carriers. The administrator and servicing carriers shall be competitively selected no less often than every three (3) years. Consideration for the administrator […]