Amendments to Arkansas Workers' Comp Law
The Arkansas legislature recently enacted Act 1281 and Act 1757 of 2001, which amend several sections of the Arkansas Workers’ Compensation Act.

The Acts were effective for claims filed after July 1, 2001. Both management and labor reached an agreement regarding the presentation of the Acts to the Legislature.

Below are summaries of the changes in the Arkansas Workers’ Compensation Act:

Act 1281
Ark. Code Ann. §11-9-601(e) is amended to change the burden of proof in occupational diseases from "clear and convincing" to "preponderance" of the evidence in establishing the causal connection between the employment and the disease.

Ark Code Ann. §11-9-117 is amended to allow the Commission to adopt guidelines for the diagnosis and treatment of carpal tunnel syndrome. Both the Arkansas AFL-CIO (labor) and the State Chamber of Commerce (management) are to submit joint recommendations to the Commission for the proposed guidelines.

Ark. Code Ann. §11-9-118 is amended to state that all collection actions on disputed medical bills are prohibited until a final determination of the compensability of the claim has been rendered at a hearing and through the appeals process. The statute of limitations on the outstanding bills is tolled pending the litigation proceedings.

Ark. Code Ann §11-9-705 is amended to state that expert testimony must satisfy the requirements of Rule 702 of the Federal Rules of Evidence. The specific intent of this amendment it to get rid of "junk science" opinions and require experts to adhere to the requirements set out in the cases of Daubert and Carmichael.

Ark. Code Ann. §11-9-715 regarding attorneys’ fees is amended to set the maximum attorney fee at 25% of indemnity benefits controverted and awarded. No fee is allowed on medical benefits. There is also a 25% fee for uncontroverted claims in certain circumstances. Medical providers can voluntarily contract with Claimant’s attorney to collect disputed bills. In this instance, the Claimant’s attorney may charge a reasonable fee for cost of collection. Appellate attorney’s fees have also been increased to $500 on appeal to the full commission and one thousand dollars to the court of appeals or supreme court.

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Act 1757
Ark. Code Ann. §11-9-102 regarding certificates of non-coverage is amended to provide a deadline for when the certification expires— two years from the date of issue or the date the individual elects otherwise, whichever is shorter. The Commission is also allowed to assess a fee to issue a certificate of non-coverage not to exceed $50.00.

Ark. Code Ann. §11-9-711 is amended to allow the Commission to assess an appeal procession fee, not to exceed $15.00 from the appellant and cross-appellant if applicable.

The above summaries were provided by:
Carol Worley, Huckabay, Munson, Rowlett, and Tilley, P.A.  
Phone: 501-374-6535
E-mail: carol.worley@hmrtlaw.com

More information on Arkansas legislative activity
You may view additional summaries of recent Arkansas legislation relating to workers' comp at the website of the AWCC.

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