Glossary Check
Whether or not an injury is compensable is the bedrock of workers’ compensation. Thanks to Simply Research, we take a look at what “compensable injury” means for purposes of Arkansas law.
‘Compensable Injury’
“Compensable injury” means:
(1) An accidental injury causing internal or external physical harm to the body or accidental injury to prosthetic appliances, including eyeglasses, contact lenses, or hearing aids, arising out of and in the course of employment and which requires medical services or results in disability or death. An injury is “accidental” only if it is caused by a specific incident and is identifiable by time and place of occurrence.
(2) An injury causing internal or external physical harm to the body and arising out of and in the course of employment if it is not caused by a specific incident or is not identifiable by time and place of occurrence, if the injury is:
(a) Caused by rapid repetitive motion. Carpal tunnel syndrome is specifically categorized as a compensable injury falling within this definition.
(b) A back or neck injury which is not caused by a specific incident or that is not identifiable by time and place of occurrence.
(c) Hearing loss that is not caused by a specific incident or that is not identifiable by time and place of occurrence.
(3) Mental illness.
(4) Heart or cardiovascular injury, accident, or disease.
(5) A hernia.
(6) An adverse reaction experienced by an employee of the Department of Health or an employee of a hospital licensed by the Department of Health related to vaccination with Vaccinia vaccines for smallpox, including the Dryvax vaccine, regardless of whether the adverse reaction is the result of voluntary action by the injured employee.
Not ‘Compensable’
“Compensable injury” does not include:
(1) Injury to any active participant in assaults or combats which, although they may occur in the workplace, are the result of nonemployment-related hostility or animus of one, both, or all of the combatants and which assault or combat amounts to a deviation from customary duties; furthermore, except for innocent victims, injuries caused by horseplay shall not be considered to be compensable injuries.
(2) Injury incurred while engaging in or performing or as the result of engaging in or performing any recreational or social activities for the employee’s personal pleasure.
(3) Injury that was inflicted upon the employee at a time when employment services were not being performed or before the employee was hired or after the employment relationship was terminated.
Alcohol, Illicit Drugs
In Arkansas, “compensable” does not include an injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician’s orders.
Rebuttable Presumption on Drugs, Alcohol
The presence of alcohol, illegal drugs, or prescription drugs used in contravention of a physician’s orders shall create a rebuttable presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician’s orders.
Implied Consent for Testing
Every employee is deemed by her performance of services to have impliedly consented to reasonable and responsible testing by properly trained medical or law enforcement personnel for the presence of any of the aforementioned substances in the employee’s body.
No Compensation without Proof of No Drugs, Alcohol
An employee shall not be entitled to compensation unless it is proved by a preponderance of the evidence that the alcohol, illegal drugs, or prescription drugs utilized in contravention of the physician’s orders did not substantially occasion the injury or accident.
Burden of Proof
A compensable injury must be established by medical evidence supported by objective. The burden of proof of a compensable injury shall be on the employee and shall be as follows:
Specific Incident. For injuries falling within the definition of compensable injury caused by a specific incident, the burden of proof shall be a preponderance of the evidence.
Not a Specific Incident. For injuries falling within the definition of compensable injury not caused by a specific incident, the burden of proof shall be by a preponderance of the evidence, and the resultant condition is compensable only if the alleged compensable injury is the major cause of the disability or need for treatment.
