Workers' Compensation: subchapters 1, 4, 5, 6 and 8

What this document is

Ark. Code Ann. Title 11, Chapter 9 - Workers' Compensation: subchapters 1, 4, 5, 6 and 8 (76 sections, 11-9-101 to -118, -401 to -412, -501 to -530, -601 to -603, -801 to -813) is a state statute published by Arkansas Code Revision Commission / Bureau of Legislative Research; Arkansas Code Annotated public access edition published by LexisNexis (advance.lexis.com). It is one of the Arkansas documents that insurance license exam questions are written from, including arkansas property & casualty practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• Ark. Code Ann. Sec. 11-9-102(11)(B), (C) and (D) (Definitions, employment)

  “(B) Every employment in which two (2) or more employees are employed by any person engaged in building or building repair work; (C) Every employment in which one (1) or more employees are employed by a contractor who subcontracts any part of his or her contract; and (D) Every employment in which...”

• Ark. Code Ann. Sec. 11-9-402(a) (Liability of prime contractors and subcontractors)

  “(a) Where a subcontractor fails to secure compensation required by this chapter, the prime contractor shall be liable for compensation to the employees of the subcontractor unless there is an intermediate subcontractor who has workers' compensation coverage.”

• Ark. Code Ann. Sec. 11-9-408(c)(1) (Insurance policies, coverage)

  “(1) No policy or contract of insurance shall be issued against liability under this chapter unless the policy or contract covers the entire liability of the employer. Split coverage whereby some employees of an employer are insured by one carrier and other employees are insured by another carrier,...”

• Ark. Code Ann. Sec. 11-9-813(c)(2), (c)(3), (d) and (e) (Deductibles)

  “(2) The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or medical provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount. (3) The...”

• Ark. Code Ann. Sec. 11-9-102(9)(B) (Definitions, employee)

  “(B) The term “employee” shall not include: (i) An individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder; (ii) An individual whose...”

• Ark. Code Ann. Sec. 11-9-411(a) (Effect of payment by other insurers)

  “(1) Any benefits payable to an injured worker under this chapter shall be reduced in an amount equal to, dollar-for-dollar, the amount of benefits the injured worker has previously received for the same medical services or period of disability, whether those benefits were paid under a group health...”

• Ark. Code Ann. § 11-9-401 (Employer's liability for compensation)

  “(1) Every employer should secure compensation to its employees and pay or provide compensation for their disability or death from compensable injury arising out of and in the course of employment without regard to fault as a cause of the injury. (2) There shall be no liability for compensation...”

• Ark. Code Ann. § 11-9-601(e) (Compensation generally, definition)

  “(1) (A) “Occupational disease”, as used in this chapter, unless the context otherwise requires, means any disease that results in disability or death and arises out of and in the course of the occupation or employment of the employee or naturally follows or unavoidably results from an injury as...”

• Ark. Code Ann. § 11-9-408(a)(1) (Insurance policies, contents)

  “(1) (A) Provisions that identify the insured employer and either identify each covered employee or describe covered employees by class or type of labor performed and the estimated number of employees of each such class or type. (B) No single policy of workers' compensation insurance may be issued...”

• Ark. Code Ann. § 11-9-519(b) and (c) (Compensation for disability, total disability)

  “(b) In the absence of clear and convincing proof to the contrary, the loss of both hands, both arms, both legs, both eyes, or of any two (2) thereof shall constitute permanent total disability. (c) In all other cases, permanent total disability shall be determined in accordance with the facts.”

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