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AR HB1955

Bill

Status

Failed

4/24/2019

Primary Sponsor

Jack Ladyman

Click for details

Origin

House of Representatives

92nd General Assembly (2019 Regular)

AI Summary

  • Modifies Arkansas Code § 11-9-410(a)(1) to clarify that filing a workers' compensation claim does not prevent an employee from suing a third party, and requires the employer or carrier to receive reasonable notice and opportunity to join the action.

  • Changes the employer or carrier's lien on third-party recovery from two-thirds (2/3) to one-half (1/2) of net proceeds remaining after collection costs.

  • Establishes an absolute right for employers, carriers, or self-insured entities to pursue subrogation actions against third parties and guarantees the compensation beneficiary receives at least one-half (1/2) of recovered amounts (changed from one-third).

  • Permits employers, carriers, or self-insured entities to maintain third-party actions against uninsured or underinsured motorist coverage.

  • Amends Arkansas Code § 11-9-702(a)(4) to make claim dismissal mandatory (changed from permissive "may" to "shall") after six months without a bona fide hearing request, while allowing refiling within applicable limitation periods.

Legislative Description

To Amend Certain Provisions Of The Workers' Compensation Law That Resulted From Initiated Act No. 4 Of 1948; And To Revise Third-party Liability In The Workers' Compensation Law.

Last Action

Died on House Calendar at Sine Die Adjournment

4/24/2019

Committee Referrals

Public Health, Welfare and Labor3/27/2019

Full Bill Text

No bill text available