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AR SB778

Bill

Status

Failed

4/27/2011

Primary Sponsor

Bill Pritchard

Click for details

Origin

Senate

88th General Assembly (2011 Regular)

AI Summary

SB778 Summary

  • Establishes that compensable injury claims must be supported by objective findings made specifically by a licensed physician, and excludes prescriptions without specific findings from objective findings definition.

  • Creates rebuttable presumption that injuries sustained by employees on break, clocked out, or entering/exiting premises were not incurred during employment services.

  • Restructures third-party liability provisions to grant employers and carriers an absolute first lien on settlement/judgment proceeds after collection costs, with any excess credited against future compensation payments.

  • Requires compensable injury to be the major cause of need for treatment and limits employees to one petition to change physicians unless compelling reasons justify change.

  • Repeals the "Made-Whole Doctrine" and specifically annuls multiple prior court decisions deemed inconsistent with the 1993 workers' compensation statute (Act 796), including cases by the Arkansas Supreme Court and Court of Appeals.

Legislative Description

An Act To Amend The Arkansas Workers’ Compensation Law Enacted By Initiated Act 4 Of 1948 To Restore The Statutory Intent Of The 79th General Assembly.

Last Action

Senate Sine Die adjournment

4/27/2011

Committee Referrals

Public Health, Welfare And Labor3/3/2011

Full Bill Text

No bill text available