Ark. Code Ann. § 11-9-710 (2020)
Attorneys
- Where the Workers' Compensation Commission is a party to or is otherwise interested in a court proceeding under this chapter, it may employ attorneys to appear in its behalf.
- If requested by the commission, it shall be the duty of the Attorney General or the prosecuting attorneys of the different circuits to represent the commission without extra compensation.
History. Init. Meas. 1948, No. 4, § 25, Acts 1949, p. 1420; A.S.A. 1947, § 81-1325.
Case Notes
Settlement.
Where an insurance company carries on settlement negotiations with claimant, although it knows claimant is represented by attorneys and the settlement is made without the approval or knowledge of the attorneys, the commission should pass on the question of fraud in the settlement before the insurance company can rely on the statute of limitations. Dixie Cup Co. v. O'Neal, 240 Ark. 785, 402 S.W.2d 417 (1966).
Suit for Fees.
This section does not prevent an attorney from bringing suit for his fees in a workers' compensation case where the termination of the healing period of his client is reserved by the court to be decided at a later date. Ragon v. Great Am. Indem. Co., 224 Ark. 387, 273 S.W.2d 524 (1954).
Cited: Cole v. Hendry Corp., 230 Ark. 100, 321 S.W.2d 377 (1959); Herman Wilson Lumber Co. v. Hughes, 245 Ark. 168, 431 S.W.2d 487 (1968); Davis v. Stearns-Rogers Constr. Co., 248 Ark. 344, 451 S.W.2d 469 (1970); Harris v. Daniels, 263 Ark. 897, 567 S.W.2d 954 (1978); Ozark Rustic Homes v. Albright, 269 Ark. 696, 600 S.W.2d 420 (Ct. App. 1980); Foust v. Ward Sch. Bus Mfg. Co., 271 Ark. 411, 609 S.W.2d 88 (1980); Ashcraft v. Quimby, 2 Ark. App. 174, 617 S.W.2d 390 (1981); Travelers Ins. Co. v. Cole, 3 Ark. App. 183, 623 S.W.2d 848 (1981); State Second Injury Fund v. Girtman, 16 Ark. App. 155, 698 S.W.2d 514 (1985); Webb v. Workers' Comp. Comm'n, 292 Ark. 349, 730 S.W.2d 222 (1987).