Arkansas § 11-9-805 Joint petition for final settlement

Arkansas Statutes

§ 11-9-805 — Joint petition for final settlement

(a)(1) Except as provided in subdivision (a)(2) of this section, upon petition filed by the employer or carrier and the injured employee requesting that a final settlement be had between the parties, the Workers' Compensation Commission shall hear the petition and take testimony and make investigations as may be necessary to determine whether a final settlement should be had.

(2)(A) If a claimant has been determined to be eligible for Medicare, the parties may petition the commission for a partial settlement of all issues other than future medical treatment.

(B)A partial settlement under subdivision (a)(2)(A) of this section is final concerning all issues except future medical treatment.

(b)(1) (A) If the commission decides that a final settlement award is in the best interests of the

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(a) (1) Except as provided in subdivision (a)(2) of this section, upon petition filed by the employer or carrier and the injured employee requesting that a final settlement be had between the parties, the Workers' Compensation Commission shall hear the petition and take testimony and make investigations as may be necessary to determine whether a final settlement should be had. (2) (A) If a claimant has been determined to be eligible for Medicare, the parties may petition the commission for a partial settlement of all issues other than future medical treatment. (B) A partial settlement under subdivision (a)(2)(A) of this section is final concerning all issues except future medical treatment. (b) (1) (A) If the commission decides that a final settlement award is in the best interests of the parties, the commission may order an award that is final concerning the rights of all the parties to the joint petition. (B) After the commission enters an order with regard to any full settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it. (2) (A) If the commission decides that a partial settlement award is in the best interests of the parties, the commission may order an award that is final concerning the partial settlement of the rights of all the parties to the joint petition. (B) After the commission enters an order with regard to any partial settlement, the commission does not have jurisdiction over any claim for the same injury or any results arising from it other than claims for future medical expenses. (c) If an employee has returned to work or agreed to return to work, the commission shall not approve a joint petition which has allotted moneys for vocational rehabilitation or any indemnity benefits in excess of that payable as an anatomical impairment as established by objective and measurable findings. (d) If the commission denies the petition, the denial shall be without prejudice to either party. (e) An appeal shall not lie from an order or award denying or approving a joint petition.

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Legislative History

Amended by Act 2017, No. 1058,§ 1, eff. 8/1/2017. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319; Acts 1993, No. 796, § 33.