Ark. 2007 workers’ comp bills include rules for second injuries, coverage waivers

The Arkansas Workers’ Compensation Commission has summarized workers’ compensation acts passed by the 2007, 86th General Assembly:

Act 1599: Raises the $75,000 threshold at which the Death and Permanent Disability Trust Fund assumes payments of benefits for injuries resulting in permanent disability or death. The amended act eliminates the $75,000 cap on weekly benefits paid by the employer or its insurance carrier for injuries occurring on or after Jan. 1, 2008. For those injuries occurring prior to Jan. 1, the $75,000 limit on employer/carrier liability still applies. For injuries occurring on or after Jan. 1, the employer or its carrier shall pay weekly benefits for death or permanent total disability not to exceed 325 times “the maximum total disability rate” at the time of the injury. NCCI estimates the 2008 threshold will be approximately $170,000.

Act 1415: Prohibits claims for second injuries being made under the provisions of Ark. Code Ann. – 11-9-525 after Jan. 1, 2008.

Act 546: Amends Ark. Code Ann. – 11-9-108 to include sole proprietors as among those individuals who may exclude themselves from workers’ comp coverage, or who may “waive their right” to coverage or compensation for insurance purposes. Those individuals who are eligible for this exclusion are not considered “employees” and they are not required to obtain a certificate of non-coverage. Even if these elected exclusions reduces the number of employees of a business to fewer than three, the employer must continue to provide workers’ comp coverage for its employees. This extension does not apply to subcontractors.

Act 398: Eliminates the requirement that a residential building contractor, who is not required to secure payment of workers’ comp coverage, submit a certificate of non-coverage to the Residential Building Contractors Committee along with their application for a license or renewal of a license.
The full text of each act is available by Act number online at www.arkleg.state.ar.us.