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“Hi ho, hi ho, it’s off to work we go:” The 1993 Arkansas Workers’ Compensation Code and the “Performing Work” Doctrine

By · October 14, 2007 · 2007 Ark. L. Notes 276
In categories: Archive

In 1993 the Arkansas General Assembly enacted a new workers’ compensation code. This law (Act 796) made major revisions to Arkansas law, especially with regards to whether or not a worker’s injury was covered by workers’ compensation. The new law stated that there was no coverage for an  Ainjury which was inflicted upon the employee at a time when employment services were not being performed.” Since 1993 Administrative Law Judges (ALJ), the Workers’ Compensation Commission (Commission) and the courts have struggled to carry out the mandate issued by the General Assembly. The struggle has been made especially challenging in those cases in which a worker would clearly have been covered in most other jurisdictions, and even in Arkansas under the law as it existed prior to 1993. This paper reviews those cases involving the question of whether or not employment services are being performed so that an injury is compensable under Arkansas workers’ compensation code. In each section reference is made to Larson’s Workers’ Compensation Law, a treatise frequently cited by courts as stating the “general rule” applicable in most jurisdictions.

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