§ 11-9-711 — Finality of order or award - Review

Arkansas § 11-9-711

• Jurisdiction: Arkansas
• Title: 11

Text

(a) Award or Order of Administrative Law Judge or Single Commissioner - Review. (1) A compensation order or award of an administrative law judge or a single commissioner shall become final unless a party to the dispute shall, within thirty (30) days from the receipt by him or her of the order or award, petition in writing for a review by the full commission of the order or award. (2) Any other party to the dispute may cross appeal by filing a written petition for cross appeal within fifteen (15) days after the notice of appeal is filed in the office of the Workers' Compensation Commission, except that in no event shall a cross appellant have less than thirty (30) days from the receipt by him or her of the order or award within which to file a notice of cross appeal. (b) Award or Order of Commission - Appeal. (1) A compensation order or award of the commission shall become final unless a party to the dispute shall, within thirty (30) days from receipt by him or her of the order or award, file notice of appeal to the Court of Appeals, which is designated as the forum for judicial review of those orders and awards. (A) The appeal to the Court of Appeals may be taken by filing in the office of the commission, within thirty (30) days from the date of the receipt of the order or award of the commission, a notice of appeal, whereupon the commission under its certificate shall send to the Court of Appeals all pertinent documents and papers, together with a transcript of evidence and the findings and orders, which shall become the record of the cause. (B) Any other party to the dispute may cross appeal by filing in the office of the commission a notice of cross appeal to the Court of Appeals within fifteen (15) days after the notice of appeal is filed, except that in no event shall a cross appellant have less than thirty (30) days from his or her receipt of the order or award of the commission within which to file a notice of cross appeal. (C) The commission may assess and collect an appeal processing fee not to exceed fifteen dollars ($15.00) from the appellant and, if cross appealed, the cross appellant. (2) Appeals from the commission to the Court of Appeals shall be allowed as in other civil actions and shall take precedence over all other civil cases appealed to the Court of Appeals. (3) (A) Upon appeal to the Court of Appeals, no additional evidence shall be heard. (B) In the absence of fraud, the findings of fact made by the commission within its power shall be conclusive and binding upon the Court of Appeals and shall be given the same force and effect as in cases heretofore decided by the Supreme Court, except subject to review as in subdivision (b)(4) of this section. (4) The Court of Appeals shall review only questions of law and may modify, reverse, remand for rehearing, or set aside the order or award, upon any of the following grounds, and no other: (A) That the commission acted without or in excess of its powers; (B) That the order or award was procured by fraud; (C) That the facts found by the commission do not support the order or award; or (D) That the order or award was not supported by substantial evidence of record. (c) Appeal Costs. (1) In all appeals the cost shall be assessed as provided by law in civil cases. (2) The commission may require a bond from either party, if it deems necessary, in cases appealed to the Court of Appeals. (d) School District Employees. The action taken by the commission with respect to the allowance or disallowance of any claim filed by a school district employee shall be subject to appeal to the Court of Appeals as provided for in subsection (b) of this section.

Legislative History

Init. Meas. 1948, No. 4, § 25, Acts 1949, p. 1420; Acts 1967, No. 501, § 1; 1975 (Extended Sess., 1976), No. 1227, § 15; 1979, No. 252, § 1; 1979, No. 253, § 7; 1979, No. 597, § 4; 1981, No. 290, § 14; 1981, No. 631, §§ 1, 2; A.S.A. 1947, §§ 81-1325, 81-1325.1; reen. Acts 1987, No. 1015, § 15; Acts 2001, No. 1757, § 7; 2003, No. 1473, § 24.