Applying Arkansas’ relatively narrow employment-related rule, which excludes compensation for an injury which was inflicted upon the employee at a time when employment services were not being performed [see Ark....
Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not Compensable Arkansas Horse-Racing Employee’s Leap From Burning Stable Was Not CompensableIllustrating the narrow rule that Arkansas utilizes to determine if an injury arises out of and in the course of the employment, a state appellate court recently affirmed the denial...
On-Premises Slip and Fall Not Compensable for Arkansas Worker On-Premises Slip and Fall Not Compensable for Arkansas WorkerIs This a Different Tack to Allow Employers to “Opt-Out” of Compulsory Coverage? Two days ago (April 2, 2019), Arkansas state senator Stanley Jason Rapert (Republican-35th District) introduced a bill...
Here We Go Again: Arkansas Bill Would Establish ERISA-Based “Alternative” System for Workers’ Compensation Here We Go Again: Arkansas Bill Would Establish ERISA-Based “Alternative” System for Workers’ CompensationI should have noted this earlier, but anyone still holding his or her breath as to whether Arkansas might pass workers’ compensation opt out legislation during the Legislature’s 2017 session...
Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale Those Holding Their Breath for Arkansas Opt Out Legislation Can ExhaleAs I indicated here in an earlier post (March 29, 2017), the Arkansas workers’ compensation “opt out” bill exists only as a shell, with literally no details contained in 2017...
Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill Arkansas Opt-Out Scenario—Still No Text in the Introduced BillOnly There Aren’t any Details—at Least Not Yet Lately, I’ve seen a number of news items indicating that the Arkansas Legislature is considering an opt-out arrangement for its workers’ compensation...
Arkansas Opt-Out Bill: The Devil’s in the Details Arkansas Opt-Out Bill: The Devil’s in the DetailsIn a deeply divided decision, the Supreme Court of Arkansas recently held that a wrongful death action filed against a deceased worker’s employer was barred by the exclusive remedy provisions...
Arkansas Estate’s Wrongful Death/Mesothelioma Case Barred by “Catch–22” Arkansas Estate’s Wrongful Death/Mesothelioma Case Barred by “Catch–22”Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
An Arkansas tanker-truck driver sustained an injury arising out of and in the course of the employment when he was struck by a vehicle as the truck driver exited a...
Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable
An Arkansas appellate court affirmed a finding by the state’s Workers’ Compensation Commission that an employee was entitled to additional medical benefits when, some six months after an ankle injury,...
Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial Injury Arkansas Court Approves Award of Additional Medical Expenses Related to ER Visit Six Months After Initial InjuryConstruing A.C.A. § 11–9–102(4)(B)(iii), which provides in relevant part that a compensable injury does not include any injury inflicted upon the employee at a time when employment services were not...
Arkansas: The Second You’re Off the Clock, You’re On Your Own Arkansas: The Second You’re Off the Clock, You’re On Your OwnAn Arkansas appellate court recently affirmed a denial of workers’ compensation death benefits to the surviving beneficiaries of a deceased worker who overdosed on methadone in 2009 while being treated...
Arkansas Court Affirms Denial of Death Benefits Related to Drug Overdose Arkansas Court Affirms Denial of Death Benefits Related to Drug Overdose