IX. EMPLOYMENT AND LABOR LAW

A. UNEMPLOYMENT COMPENSATION.

 

1. Determination of claims for benefits..

 

a. Appeal to appeal tribunal. Any party entitled to notice of determination may appeal the Employment Security Division's determination by filing a written notice of appeal with the appeal tribunal or at any office of the Employment Security Division within twenty (20) days after the date of the mailing of the notice of determination or, if the notice is not mailed, within twenty (20) days of delivery of the notice. If mailed, the appeal is considered filed as of the postmark date on the envelope. A.C.A. § 11-10­524(a)(1) (Repl. 2002).

 

b. Petition for review by Court of Appeals. The decision of the Board of Review shall be final unless within twenty (20) days after the mailing of notice thereof, or in the absence of mailing, within twenty (20) days after the delivery of the notice, a proceeding for judicial review is initiated pursuant to A.C.A. § 11-10-529, which section provides that any party entitled to a decision of the Board of Review shall have twenty (20) days from the date the decision is mailed to request a judicial review thereof by filing in the Court of Appeals a petition for review. A.C.A. § 11-10-525(e) (Repl. 2002).

 

c. Review by Board of Review. The decision of the appeal tribunal shall become final unless, within (20) days after the date of mailing of the notice of decision to the parties' last known address, an appeal is initiated pursuant to A.C.A. § 11-10-525 or a request for the reopening is made pursuant to A.C.A. § 11-10-524(d). A.C.A. § 11-10­524(c)(2) (Repl. 2002).

 

2. Determination of coverage.

 

a. Appeal to Board of Review. Appeal of the determination concerning coverage, made by the Director of Labor, may be taken to the Board of Review within twenty (20) days after the mailing of the notice of the findings and determination to the employing unit or, in the absence of mailing, within twenty (20) days after delivery of the notice. A.C.A. § 11-10-308(b)(2) (Repl. 2002).

 

b. Petition for review by Court of Appeals. A review of the determination made by the director or the Board of Review may be had by filing a petition for review in the Court of Appeals within twenty (20) days after the mailing of the notice thereof to the employing unit or, in the absence of mailing, within twenty (20) days after delivery of the notice. A.C.A. § 11-10-308(d) (Repl. 2002).

3, Employer contribution assessment.

 

a. Limitation. All contributions due under this chapter shall be assessed in the manner provided by this law within four (4) years after reports of the contributions have been filed by the employer. Where the assessment of any contribution required by this law has been made within the statutory period of limitation properly applicable thereto, the contribution may be collected by a proceeding court, but only if begun within ten (10) years after the assessment of the contribution except where proceedings are had in court on the assessment within ten (10) years, and a judgment of the court is rendered for the contribution, then the judgment shall have the same force and effect, and the limitation shall be the same as other judgments at law under the laws of this state. A.C.A. § 11­10-721(a), (d) (Repl. 2002).

 

b. No limitation for tax evasion. In the case of a false or fraudulent return with intent to evade tax or a failure to file reports required by this law or by the director pursuant to the provisions of this chapter, the tax may be assessed or a proceeding in court for the collection of the tax may be begun at any time. In case of willful attempt in any manner to defeat or evade tax, the tax may be assessed, or a proceeding in court for the collection of the tax may be begun at any time. A.C.A. § 11-10-721(b), (c) (Repl. 2002).

 

c. Review by chancery court. Aggrieved employer may have a review of the action of the administrator in making an assessment for contributions, interest, or penalties, by filing, within ten (10) days after the filing of the assessment with the clerk, a petition for such review in the chancery court having jurisdiction. All actions for review shall have precedence on the docket of the court where filed and all appeals from the action of any court on the review shall be prosecuted within thirty (30) days after the final order of the court is made. A.C.A. § 11-10-720(d) (Repl. 2002).

 

4. Employer contribution rate.

 

a. Appeal to chancery court. An employer may appeal from the determination of the director to the chancery court by filing a petition with the clerk of the chancery court in the county of the employer's residence or in Pulaski County within twenty (20) days of the mailing to the employer of the notice of the determination. A.C.A. § 11-10­707(c)(2) (Repl. 2002).

 

b. Determination and redetermination by director. The determination of the director shall become conclusive and binding upon the employer unless, within thirty (30) days after the mailing of the notice or notices thereof, the employer makes an application for review and redetermination, setting forth his reasons therefore. A.C.A. § 11-10­707(c)(1)(B)(i) (Repl. 2002).

 

5. State's recovery of unemployment benefits. If the Director of the Arkansas Employment Security Department finds that any person has made a false statement or misrepresentation

of a material fact knowing it to be false or has knowingly failed to disclose a material fact and as a result of either action has received any amount as benefits under this chapter to which the person was not entitled, then the person shall be liable to repay the amount to the fund, or in lieu of requiring the repayment, the director may recover the amount of the overpayment by deductions from any future benefits payable to the person under this chapter. However, beginning on July 1, 2001, the person shall not be liable to repay such amount to the fund, except through the deduction of future benefits, after ten (10) years from the date the determination of the amount of the overpayment becomes final within the meaning of A.C.A. § 11-10-527. Any person held liable to repay an amount to the fund or

to have the amount deducted from any future benefits payable to him shall not be liable to repay the amount nor shall recovery be made from any future benefits after four (4) years from the date the determination of the amount of the overpayment becomes final within the meaning of the provisions of A.C.A. § 11-10-527. A.C.A. § 11-10-532 (Repl. 2002).

 

B. WAGE DISCRIMINATION BETWEEN SEXES. Any action to recover wages and liquidated damages based on violation of A.C.A. § 11-4-610 must be commenced within two S2) years of the accrual thereof and not afterwards. A.C.A. § 11-4-611 (Repl. 2002).

C. WORKERS' COMPENSATION.

 

1. Appeal. An order or award of an administrative law judge or a single commissioner shall become final unless a party files a written petition for a review by the full Workers Compensation Commission within thirty (30) days of receipt of the order or award. Any other party to the dispute may cross appeal by filing a written petition for cross appeal within fifteen (15) days after the notice of appeal is filed in the office of the Commission, except that in no event shall a cross appellant have less than thirty (30) days from the receipt by him of the order or award within which to file a notice of cross appeal. An order or award of the Workers Compensation Commission shall become final unless a party files notice of appeal to the Court of Appeal within thirty (30) days of receipt of the order or award. Any other party to the dispute may cross appeal by filing in the office of the

commission a notice of cross appeal to the Court of Appeals within fifteen (15) days after the notice of appeal is filed, except that in no event shall a cross appellant have less than thirty (30) days from this receipt of the order or award of the Commission within which to file a notice of cross appeal. A.C.A. § 11-9-711 (Repl. 2002).

 

2. Failure to claim induced by fraud. When it is established that failure to file a claim by an injured employee or his dependants was induced by fraud, such claim may be filed within one (1) year from the time of discovery of the fraud. A.C.A. § 11-9-702(f)(1) (Repl. 2002).

3. Filing for additional compensation. A claim for additional compensation shall be barred unless filed with the Commission within one (1) year from the date of the last payment of compensation, or two (2) years from the date of injury, whichever is greater. The time limitations here shall not apply to claims for replacement of medicine, crutches, artificial limbs, and other apparatus permanently or indefinitely required as the result of a

compensable injury, where the employer or carrier previously furnished such medical supplies. A.C.A. § 11-9-702(b) (Repl. 2002).

 

4. Filing of claims.

 

a. Death. A claim for compensation on account of death shall be barred unless filed with the Commission within two (2) years of the date of such death. A.C.A. § 11-9­702(a)(3) (Repl. 2002).

 

b. Disability. A claim for compensation for disability on account of an injury other than an occupational disease and occupational infection shall be barred unless filed with the Commission within two (2) weeks from the date of the compensable injury. A.C.A. § 11-9-702(a)(1) (Repl. 2002).

 

c. Occupational disease. A claim for compensation for disability on account of occupational disease or occupational infection shall be barred unless filed with the Commission within two (2) years from the date of the last injurious exposure to the hazards of the disease or infection, except a claim for compensation for disability on account of silicosis or asbestosis must be filed with one (1) year after the time of disablement therefrom and such disablement must occur within three (3) years from the date of the last injurious exposure, and also except that a claim for compensation for disability on account of a diseased condition caused by exposure to x-rays, radioactive substances, or ionizing radiation must be filed with the Commission within two (2) years from the date such condition is made known to an employee following examination and diagnosis by a medical doctor. A.C.A. § 11-9-702(a)(2) (Rep!. 2002).

 

5. Notice by employer. Within ten (10) days of receipt of notice or knowledge of injury or death, the employer must send the Worker Compensation Commission a report setting forth enumerated information concerning the employer, employee, and injury. A.C.A. § 11-9-529(a) (Repl. 2002).

 

6. Notice to employer.

 

a. Hernia. Notice of occurrence must be given to the employer within forty-eight (48) hours. A.C.A. § 11-9-523(a)(4) (Repl. 2002).

 

b. Occupational disease. Written notice of an occupational disease must be given to the employer within ninety (90) days after the first distinct manifestation. Written notice of death must also be given to the employer within ninety (90) days. A.C.A. § 11-9­603(a)(2) (Repl. 2002).

 

7. Modification. Except where a joint petition settlement has been approved, the Workers Compensation Commission may review any order, award, or decision within six (6) months of termination of the compensation period fixed in the original order upon application by any party or the Commission's own motion. A.C.A. § 11-9-713 (Repl. 2002).