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AR HB1955
Bill
Status
4/24/2019
Primary Sponsor
Jack Ladyman
Click for details
AI Summary
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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.
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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.
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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).
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Permits employers, carriers, or self-insured entities to maintain third-party actions against uninsured or underinsured motorist coverage.
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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