August 12, 2005
Certificate of Noncoverage Bulletin
Act 1917 of 2005, effective August 12, 2005, amended Ark. Code Ann §11-9-402 regarding certificates of non-coverage (CnC) issued by the Arkansas Workers' Compensation Commission.
Since Act 796 of 1993, sole proprietors, partners and members of limited liability companies who elect not to be included in the definition of employee under the state's Workers' Compensation laws are eligible to receive them. CnC's were never intended for employees and do not affect their rights under the law. Corporate officers are not eligible.
Ark. Code Ann. §11-9-402 holds prime contractors liable for compensable injuries suffered by employees of their uninsured subcontractors. The new language states that prime contractors are liable �...unless there is an intermediate subcontractor who has Workers' Compensation coverage.� Thus, when an intermediate subcontractor, ie one who is between the prime contractor and an uninsured subcontractor, has coverage, the injured employee may look to that subcontractor's Workers' Compensation coverage.
Another change, adds the provision that a CnC may not be presented to a subcontractor who does not have Workers' Compensation coverage.
Individuals with questions about the interpretation of Act 1917 may talk to the AWCC's Legal Advisor Division. Persons who need instructions about applying for and obtaining a CnC may contact the AWCC Operations/Compliance Division. And those who need help finding the application form to obtain a CnC can call Support Services Division at the AWCC for help with Form A.
APPLICATION FOR CERTIFICATE
The following instruments are now required by
when filing for the Certificate of Non-Coverage (CnC):
1. Form AR-A (Application for Certificate of Non-Coverage)
2. Notarized signature of applicant
3. Social Security number of applicant
4. A $50 check or money order
for each person must accompany application (those applying
in person may pay in cash, but checks and money orders are encouraged)
A CnC issued in 2001 and thereafter has a two-year duration
and must be renewed to remain valid.
Every CnC issued prior to 2001 expires according
to the following timetable found in Ark. Code Ann. § 11-9-402:
Those issued in 1993 and 1994 expire at midnight on September
Those issued in 1995 and 1996 expire at midnight on December
Those issued in 1997 and 1998 expire at midnight on March
Those issued in 1999 and 2000 expire at midnight on June
Click on the following link to download, view or print the Form AR-A and Affidavit:
Form AR-A and Affidavit
State of Arkansas
Workers' Compensation Commission
324 South Spring Street
P.O. Box 950
Little Rock, Arkansas 72203-0950
Telephone 1-501-682-3930 / 1-800-622-4472
Legal Advisor Direct 1-800-250-2511
Arkansas Relay System TDD 1-800-285-1131
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contact the AWCC Communications Liaison