(a) There is created a Public Employee Claims Division within the State Insurance Department.
(b) The Director of the Public Employee Claims Division shall be appointed by the Insurance Commissioner.
(c) The division is designated as the unit of state government primarily responsible for the administration of public employee workers' compensation claims in the State of Arkansas.
(d) Upon payment of compensation to or on behalf of any public employee, the division shall notify the appropriate public employer involved.
(e)
(1) The division shall determine in every claim where compensation is awarded the reserve value of such claim.
(2) Annually, on June 30 of each fiscal period, the director shall prepare a report which states the total of all reserve values established for the claims filed in that fiscal period and the total amount of moneys disbursed for payment of claims during that same period.
(3) The report shall be submitted to the Insurance Commissioner between June 30 and September 30.
(f)
(1) In each case where a claim for workers' compensation benefits is made under this subchapter, the division shall investigate the claim to ensure that the compensation benefits paid are justified by the facts of the claim and the reserve values for the claim established accordingly.
(2) The division shall in all appropriate cases pursue the recovery of benefits paid to public employees from third parties pursuant to § 11-9-410.
(3)
(A) The making of a claim for compensation against any public employer or the division for the injury or death of a public employee shall not affect the right of the public employee, or his or her dependents, to make claim or maintain an action in tort against any third party for the injury.
(B) In such event, the rights of the public employee, or his or her dependents, the public employer, and the division shall be governed by the provisions of § 11-9-410, provided, the rights of the public employer and the division in and to amounts received from the third party by the injured public employee, or his or her dependents, as a result of either settlement with or judgment against the third party shall be absolute.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.