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11 CAR § 25-123. Death and permanent total disability
11 CAR § 25-123. Death and permanent total disability.
(a) Trust fund claims — Death claims.
(1) Employers or their designees shall report all work-related deaths by filing forms AR-D and AR-W with the Death and Permanent Total Disability Trust Fund within thirty (30) days of the death.
(2) Employers or their designees shall update the AR-D form in subdivision (a)(1) of this section within ten (10) days of receipt of additional information or claims.
(3) Employers or their designees shall provide notice to the trust fund within fifteen (15) days of controverting a claim for dependent benefits.
(b) Trust fund claims — Permanent total disability claims.
(1)(A) Employers or their designees shall file an AR-D form with the trust fund within thirty (30) days of acknowledging permanent total disability liability.
(B) Thereafter, an AR-D form shall be filed with the trust fund January 31 of each year benefits are paid except in claims in which the trust fund has issued a certificate of acceptance.
(2)(A) Any party desiring to join the trust fund in a controverted claim for permanent and total disability benefits shall notify the Workers' Compensation Commission Special Funds Administrator and all other parties by written notice and a form of mail requiring a signed receipt, no later than sixty (60) days prior to the hearing.
(B) The notice provided in subdivision (b)(2)(A) of this section must include all documentary and other evidence the party intends to rely upon to support the claim of liability.
(3) Failure to provide notice as set out in subdivision (b)(2) of this section shall constitute a waiver of a claim of trust fund liability until such time as the notice requirements are met.
(c) Trust fund claims — Delinquent claims.
(1) Failure to comply with the notice requirements of subdivisions (a)(1) and (b)(1) of this section, above, shall result in a penalty of fifteen dollars ($15.00) per day for each day an employer or its designee fails to comply, up to a maximum penalty of ten thousand dollars ($10,000), unless, after a showing of good cause, failure to provide notice is excused by the commission.
(2) Employers or their designees who violate subdivision (c)(1) of this section shall continue to make payments for appropriate death and permanent total disability benefits in addition to the statutory maximum provided in Arkansas Code § 11-9-502(b)(1) for ninety (90) days after the AR-D form is filed with the trust fund.
(d) Trust fund claims — Due process rights. The trust fund has an absolute right to investigate, challenge, and defend any claim made against it within ninety (90) days of receipt of notice of the claim, or a longer period for good cause shown.
"(Effective originally on April 1, 1989; Revision approved December 1, 2003, effective January 1, 2004)"