Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1612
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5 By: Representative Miller
6 By: Senator J. Payton
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8 For An Act To Be Entitled
9 AN ACT TO AMEND PORTIONS OF THE LAW REGARDING
10 WORKERS' COMPENSATION PAYMENTS UNDER THE WORKERS'
11 COMPENSATION LAW THAT RESULTED FROM INITIATED MEASURE
12 1948, NO. 4; TO AMEND THE WORKERS' COMPENSATION LAW;
13 TO REMOVE THE LIMITATION ON WAGES PAID TO PERMANENTLY
14 DISABLED CLAIMANTS UNDER THE WORKERS' COMPENSATION
15 LAW; AND FOR OTHER PURPOSES.
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18 Subtitle
19 TO AMEND PORTIONS OF THE LAW REGARDING
20 CERTAIN WORKERS' COMPENSATION PAYMENTS
21 UNDER THE WORKERS' COMPENSATION LAW THAT
22 RESULTED FROM INITIATED MEASURE 1948, NO.
23 4.
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26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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28 SECTION 1. Arkansas Code § 11-9-501(b), concerning the limitations on
29 wages for a disability or death under the Workers' Compensation Law, is
30 amended to read as follows:
31 (b)(1) Compensation payable to an injured employee for disability,
32 other than permanent partial disability as specified in subsection (d) of
33 this section, and compensation payable to surviving dependents of a deceased
34 employee, the total disability rate shall not exceed sixty-six and two-thirds
35 percent (66⅔%) of the employee's average weekly wage with a twenty dollar
36 ($20.00) per week minimum, be subject to the following any maximums:.
*ANS261* 3/13/2023 11:11:50 AM ANS261
 HB1612
1 (1) For disability or death due to an injury occurring on and
2 after July 1, 1987, through December 31, 1988, the maximum weekly benefits
3 payable shall be one hundred eighty-nine dollars ($189);
4 (2) For disability or death due to an injury occurring on and
5 after January 1, 1989, through December 31, 1989, the maximum weekly benefits
6 payable shall be sixty-six and two-thirds percent (66⅔%) of the state average
7 weekly wage;
8 (3) For a disability or death which results from an injury
9 occurring on and after January 1, 1990, the maximum weekly benefit payable
10 shall be seventy percent (70%) of the state average weekly wage;
11 (4) For a disability or death which results from an injury
12 occurring during a calendar year beginning on or after January 1, 1996, the
13 maximum weekly benefit payable shall be eighty-five percent (85%) of the
14 state average weekly wage if, and only if, the Insurance Commissioner
15 certifies to the Workers' Compensation Commission during December 1995, that
16 the overall workers' compensation insurance rates for Arkansas have decreased
17 by at least ten percent (10%) subsequent to July 1, 1993;
18 (5)(2) After January 1, 1994, the The weekly benefit rate shall
19 be rounded to the nearest whole dollar, i.e., if the actual rate be a dollar
20 amount plus forty-nine cents (49¢) or less, the rate for compensation
21 purposes shall be the next lower whole dollar amount, and, if the actual rate
22 be a dollar amount plus fifty cents (50¢) or more, then the rate for
23 compensation purposes shall be the next higher whole dollar amount.
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Statutes affected:
HB 1612: 11-9-501(b)