Sections 1 through 106 and 150 through 168 of this act shall be known and may be cited as the “Administrative Workers’ Compensation Act”. The provisions of the Administrative Workers’ Compensation Act shall be strictly construed. Added by Laws 2013, c. 208, § 1.
A. The right to any claim, benefit or compensation shall not be released or commuted except as provided by the Administrative Workers’ Compensation Act and, except for child support liens, is not assignable and is not subject to garnishment, attachment, levy, execution, or any other legal process. Monetary compensation to dependents of a deceased employee […]
A. The Self-insurance Guaranty Fund Board shall be a party in interest in all proceedings involving compensation claims against an impaired self-insurer whose compensation claims have been paid or assumed by the Commission and shall have all rights of subrogation of the impaired self-insurer. In such proceedings, the Board may assume and exercise all rights […]
A. On or before the first day of July each year, the Workers’ Compensation Commission shall prepare, make public and submit a report for the prior calendar year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and each member of the Legislature, containing a statement of […]
A. The Workers’ Compensation Commission shall adopt rules permitting two or more employers, not otherwise subject to the provisions of Section 150 of this act, to pool together liabilities under this act for the purpose of qualifying as a group self-insurer and each such employer shall be classified as a self-insurer. B. The Commission shall […]
The Workers’ Compensation Commission shall adopt rules permitting two or more group self-insurance associations to pool their liabilities under this act for the purpose of providing such group self-insurance associations specific and aggregate excess insurance. Added by Laws 2013, c. 208, § 103, eff. Feb. 1, 2014.
No member or personnel of the Workers’ Compensation Commission, the Self-insurance Guaranty Fund Board, or administrative law judge shall be liable in a civil proceeding for any act performed in good faith in the performance of that person’s powers or duties under this act. Added by Laws 2013, c. 208, § 104, eff. Feb. 1, […]
A. No employee of the Workers’ Compensation Commission shall be competent to testify on any matter concerning any information the employee has received through the performance of the employee’s duties under the provisions of the Administrative Workers’ Compensation Act; provided, however, such provision shall not be construed to prohibit testimony by an attorney of the […]
The provisions of the Administrative Workers’ Compensation Act shall be strictly construed by the Workers’ Compensation Commission and any appellate court reviewing a decision of the Workers’ Compensation Commission. Added by Laws 2013, c. 208, § 106, eff. Feb. 1, 2014.
A. 1. All public entities of this state, their agencies and instrumentalities, authorities, and public trusts of which they are beneficiaries shall provide workers’ compensation to their employees and elected officials engaged in either governmental or proprietary functions in accordance with this section. Compensation or indemnification for compensation shall be paid out of the funds […]
Any claimant may, upon the payment of the Workers’ Compensation Commission’s filing fee, dismiss any claim brought by the claimant at any time before final submission of the case to the Commission for decision. Such dismissal shall be without prejudice unless the words “with prejudice” are included in the order. If any claim that is […]
A. The Workers’ Compensation Commission shall establish a workers’ compensation counselor or ombudsman program to assist injured workers, employers and persons claiming death benefits in obtaining benefits under this act. A special effort shall be made to equip counselors or ombudsmen with sufficient resources to assist injured workers through the system without the necessity of […]
Compensation to alien nonresidents of the United States or Canada shall be the same in amount as provided for residents, except that alien nonresident dependents in any foreign country shall be limited to the surviving spouse or children or, if there is no surviving spouse or children, to the surviving father or mother whom the […]
A. The Workers’ Compensation Commission shall develop an alternative dispute resolution program which affords an injured employee the opportunity to obtain benefits by request or informal procedure. The program shall include an increased emphasis on making mediation and other alternative dispute resolution programs affordable and convenient to an injured employee not represented by counsel. B. […]
A. Any claim for any benefit under this act shall be commenced with the filing of an Employee’s First Notice of Claim for Compensation by the employee with the Workers’ Compensation Commission. The claim shall contain a statement that all matters stated therein are true and accurate and shall be signed by the claimant and […]
A. The Workers’ Compensation Commission shall create, maintain and review a list of licensed physicians who shall serve as independent medical examiners from a list of licensed physicians who have completed such course study as the Commission may require. An independent medical examiner must agree to examine an employee within forty-five (45) days of appointment. […]
For cases not covered by a certified workplace medical plan, and where the employer, insurance company, or own-risk employer do not provide case management, case management may be granted by the Workers’ Compensation Commission on the request of any party, or when the Commission determines that case management is appropriate. The administrative law judge shall […]
When a compensable injury results in the loss of one or more eyes, teeth, or members of the body, or the replacement of a joint, the employer shall furnish such prosthetic devices as may be necessary as determined by the Workers’ Compensation Commission in the treatment and rehabilitation of the injured worker for the lifetime […]
A. If the employee and employer shall reach an agreement for the full, final and complete settlement of any issue of a claim pursuant to this act, a form designated as “Joint Petition” shall be signed by both the employer and employee, or representatives thereof, and shall be approved by the Workers’ Compensation Commission or […]
A. Awards for permanent partial disability shall be made pursuant to Sections 45 and 46 of this act, less any sums previously paid which the Workers’ Compensation Commission may find to be a proper credit thereon. When the award becomes final, the whole sum or any unpaid portion thereof shall operate as a final adjudicated […]
