§ 11-9-713 — Modification of awards

Arkansas § 11-9-713

• Jurisdiction: Arkansas
• Title: 11

Text

(a) (1) Except where a joint petition settlement has been approved, the Workers' Compensation Commission may review any compensation order, award, or decision. (2) This may be done at any time within six (6) months of termination of the compensation period fixed in the original compensation order or award, upon the commission's own motion or upon the application of any party in interest, on the ground of a change in physical condition or upon proof of erroneous wage rate. (3) Upon the review, the commission may make an order or award terminating, continuing, decreasing, or increasing for the future the compensation previously awarded, subject to the maximum limits provided for in this chapter. (b) The review and subsequent order or award shall be made in accordance with the procedure prescribed in § 11-9-704 . (c) No review shall affect any compensation paid pursuant to a prior order or award. (d) The commission may, at any time, correct any clerical error in any compensation order or award. (e) Aging and the effects of aging on a compensable injury are not to be considered in determining whether there has been a change in physical condition. Nor shall aging or the effect of aging on a compensable injury be considered in determining permanent disability pursuant to this section or any other section in this chapter. The purpose and intent of this section is to annul any and all case law inconsistent herewith, including International Paper Co. v. Tuberville, 302 Ark. 22, 786 S.W.2d 830 (1990).

Legislative History

Init. Meas. 1948, No. 4, § 26, Acts 1949, p. 1420; A.S.A. 1947, § 81-1326; Acts 1993, No. 796, § 31.