Ark. Code Ann. » Title 11 Chapter 09
Arkansas Code Annotated

Ark. Code Ann. § 11-9-301 (2026)

Funds established

✓ current as of May 2026
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  1. There are established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, three (3) separate funds:
    1. The “Workers' Compensation Fund”;
    2. The “Second Injury Trust Fund”; and
    3. The “Death and Permanent Total Disability Trust Fund”.
  2. Except for funds transferred into the General Revenue Fund Account specified in § 11-9-303(c) or other sections of this subchapter, no money shall be appropriated from these funds for any purpose except for the use and benefit, or at the direction of, the Workers' Compensation Commission.
  3. All funds established pursuant to this section shall be administered, disbursed, and invested under the direction of the commission.
  4. All incomes derived through investment of the Workers' Compensation Fund, the Second Injury Trust Fund, and the Death and Permanent Total Disability Trust Fund shall be credited, as investment income, to the fund that participated in the investment. For the purpose of investment, Workers' Compensation Fund moneys shall be invested in accordance with the State Treasury Management Law, § 19-3-501 et seq.
  5. Except for moneys transferred into the General Revenue Fund Account specified in § 11-9-303(c) or other sections of this subchapter, all moneys deposited to the aforementioned funds shall not be subject to any deduction, tax, levy, or any other type of assessment.
  6. If, on or after July 1, 1983, the balance in the Second Injury Trust Fund becomes insufficient to fully compensate those employees to whom it is obligated, payment shall be suspended until such time as the Second Injury Trust Fund is capable of meeting its obligations, paying all arrearages, and restoring normal benefit payments. In no event shall there be any reverter of responsibility to the employer or carrier on or after July 1, 1983.
    1. Upon the effective maturity dates of each investment, the investment shall be transferred to the Treasurer of State for deposit into the Death and Permanent Total Disability Trust Fund created in this section.
    2. The free balances of the Death and Permanent Total Disability Bank Fund shall be transferred to the Death and Permanent Total Disability Trust Fund.

History. Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1981, No. 290, § 13; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, §§ 1, 2; 1997, No. 1179, § 8.

Cross References. Death and Permanent Total Disability Trust Fund, § 19-5-925.

Second Injury Trust Fund, § 19-5-911.

Workers' Compensation Fund, § 19-5-924.

Research References

U. Ark. Little Rock L.J.

Survey—Workers' Compensation, 11 U. Ark. Little Rock L.J. 269.

Case Notes

Second Injury Trust Fund.

It is not a violation of due process for the Workers' Compensation Commission to decide cases involving the Second Injury Jury Trust Fund. Lambert v. Baldor Elec., 44 Ark. App. 117, 868 S.W.2d 513 (1993).

Any consideration of the Second Injury Trust Fund's solvency is inappropriate where a claimant is entitled to benefits from the fund. Stucco Plus v. Rose, 327 Ark. 314, 938 S.W.2d 556 (Ark. 1997).

Cited: Franklin Collier Farms v. Chapple, 18 Ark. App. 200, 712 S.W.2d 334 (1986); Death & Permanent Total Disability Trust Fund v. Branum, 82 Ark. App. 338, 107 S.W.3d 876 (2003).

Notes of Decisions
Cited in 8 cases, 1993–2003 · leading case: Nelson v. Timberline Int'l, Inc., 964 S.W.2d 357 (Ark. 1998).
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Nelson v. Timberline Int'l, Inc., 964 S.W.2d 357 (Ark. 1998). · cites it 8× “1949) were remarkably different from the current funding mechanisms provided in Ark.Code Ann. §§ 11-9-301 to -307 (Repl.1996).”
Death & Permanent Total Disability Trust Fund v. Branum, 107 S.W.3d 876 (Ark. Ct. App. 2003). · cites it 2× “2002) provides the Workers’ Compensation Commission with the authority to make any such rules and regulations as it may find necessary. As established under the Commission, the Fund is subject to these rules and regulations.”
Stucco Plus, Inc. v. Rose, 938 S.W.2d 556 (Ark. 1997). · cites it 4× “Finally, we note that, in the event the Fund becomes insolvent, the General Assembly has expressed an intent to provide claimants with arrearages once the Fund regains its solvency, without any possibility of reverter of responsibility for benefits to employers.”
Lambert v. Baldor Elec., 868 S.W.2d 513 (Ark. Ct. App. 1993). · cites it 2× “Specifically, he asserts that the Commission is not an impartial decision maker in that Ark. Code Ann. § 11-9-301 (1987) gives the Commission authority to administer, disburse, and invest funds within the Second Injury Trust Fund.”
Second Injury Fund v. Stephens, 970 S.W.2d 331 (Ark. Ct. App. 1998). “ast injury was sustained shall then be determined by the administrative law judge or the commission, and the degree or percentage of disability or impairment which existed prior to the last injury plus the disability or impairment resulting from the combined disability shall be…”
Second Injury Fund v. Furman, 961 S.W.2d 787 (Ark. Ct. App. 1998). “administrative law judge or the Workers’ Compensation Commission, the degree or percentage of employee’s disability that is attributable to all injuries or conditions existing at the time the last injury was sustained shall then be determined by the administrative law judge or…”
Stucco, Inc. v. Rose, 914 S.W.2d 767 (Ark. Ct. App. 1996). · cites it 2× “1985), now Ark. Code Ann. § 11-9-301 (f) (Supp. 1995), provides that if after July 1, 1983, the balance in the Fund becomes insufficient to meet its obligations, payments shall be suspended until the Fund is able to meet those obligations and, in no event shall there be a…”
Jeffcoat v. Second Injury Fund, 935 S.W.2d 309 (Ark. Ct. App. 1996). “ast injury was sustained shall then be determined by the administrative law judge or the commission, and the degree or percentage of disability or impairment which existed prior to the last injury plus the disability or impairment resulting from the combined disability shall be…”
— Ark. Code Ann. § 11-9-301(f) — 1 case
Nelson v. Timberline Int'l, Inc., 964 S.W.2d 357 (Ark. 1998). “1949) were remarkably different from the current funding mechanisms provided in Ark.Code Ann. §§ 11-9-301 to -307 (Repl.1996).”
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