AR HB1768

Restores subrogation rights for employers and insurance carriers, making these rights absolute and preventing employees and third parties from settling claims without express written consent of the employer or insurance carrier.

Eliminates the equitable "made-whole doctrine" in workers' compensation cases, requiring the specific statutory method of distribution to prevail over common law and equitable provisions.

Bars new claims against the Death and Permanent Total Disability Trust Fund effective July 1, 2015, requiring employers or their insurance carriers to pay all weekly benefits for death and permanent total disability for injuries occurring on or after that date.

For injuries occurring between January 1, 2008 and July 1, 2015, caps employer or insurance carrier payments for death or permanent total disability benefits at 325 times the maximum total disability rate established for the injury date.

Nullifies prior case law holdings contrary to the bill's provisions, including six specifically named Arkansas court decisions, and declares an emergency effective date of July 1, 2015 to protect the Trust Fund's financial viability.