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AR SB515
Bill
Status
5/17/2013
Primary Sponsor
Cecile Bledsoe
Click for details
AI Summary
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Amends Arkansas Code § 11-9-521(a) to clarify that employees with scheduled compensable injuries are entitled to temporary total, temporary partial, or both benefits during healing period if employer does not offer work within medical restrictions.
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Establishes that employees terminated for misconduct forfeit temporary total or temporary partial disability benefits during the healing period when the employer has work available within the employee's medical restrictions.
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Places burden of proof on employers to demonstrate misconduct by preponderance of the evidence under the misconduct termination provisions.
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Amends Arkansas Code § 11-9-526 to codify the misconduct termination rules and explicitly reverse case law from Tyson Poultry, Inc. v. Narvaiz (2012) and Superior Industries v. Thomaston (2000) that permitted disability benefits for misconduct-terminated employees.
Legislative Description
To Restore Consistency In Temporary Total Disability Benefit And Employee Misconduct Determinations After Termination Under Initiated Measure 4 Of 1948.
Last Action
Sine Die adjournment
5/17/2013