Workers’ compensation, like most administrative processes, involves a specific area of law applicable only to workers’ compensation claims. The Arkansas Workers’ Compensation Commission has original jurisdiction in all work-related accidents. In Arkansas, the Administrative Procedure Act does not apply, the Rules of Civil Procedure are not strictly applied and the Act itself is to be strictly construed. Nonetheless, the Act has procedural deadlines, litigation requirements and benefits available to injured workers that differ from civil court actions. Hence, the importance of knowing and understanding the procedural aspects of the law, in addition to the benefits available an injured worker is important. The Workers’ Compensation Act was a grand bargain between management and labor dating back to 1939. It provides no-fault benefits to workers injured on the job in exchange for employers being able to better control costs of such accidents. The Workers’ Compensation Desk Book includes a history of the workers’ compensation law along with an explanation of the legislation and its relevance in the market. In addition, there are sections discussing how to develop a claimant’s case from the initial client interview through the hearing and appeal processes. Likewise, the respondents’ case is covered, from the preliminary information to trying the case through an appeal. Forms and relevant checklists for use by both claimant’s and respondents’ counsel are included with the book. Settlements in the workers’ compensation forum also differ from civil court matters. In light of this, there is detailed information discussing everything from the general procedure to special considerations of settlement including factors to consider in valuing a claim for settlement, the effect of child support liens and Medicare issues. All settlements have to be approved by the Commission. The Desk Book includes the requisite forms for a judge to review to determine if a settlement is in the best interest of your client. In short, the Workers’ Compensation Desk Book covers most issues an attorney might encounter with representing a party in the workers’ compensation forum.
Arkansas Workers’ Compensation Desk Book
Carol Lockard Worley, Robert S. Tschiemer, Zan Davis
The Workers’ Compensation Desk Book includes a history of the workers’ compensation law along with an explanation of the legislation and its relevance in the market. In addition, there are sections discussing how to develop a claimant’s case from the initial client interview through the hearing and appeal processes.