- (a) The joint petition must set forth in detail the reasons its approval will be in the claimant’s best interest as required by Arkansas Code § 11-9-805(b).
- (b) Joint petition settlements under Arkansas Code § 11-9-805(a) will be heard by an administrative law judge in the county in which the accident occurred or at a location convenient to the parties involved.
- (c) No joint petition will be heard by an administrative law judge until five (5) days after the petition or a copy of the petition has been filed with the Workers’ Compensation Commission.
- (d) It shall be necessary for the claimant to appear and testify at a joint petition hearing.
- (e) Petitions shall be signed by all parties, including the claimant, and must be verified.
- (f) Under certain circumstances, the commission may designate or direct the parties to take claimant’s testimony by deposition or interrogatories.
(g)
- (1) In all joint petitions where the claimant is represented by an attorney, the amount of agreed attorney’s fees shall be set out in the petition.
- (2) No attorney’s fee shall be approved if it exceeds the limitations provided for in Arkansas Code § 11-9-715.
(3) If costs are claimed by a claimant’s attorney, the:
- (A) Amount of the costs must be set forth in the joint petition; and
- (B) Reasonableness and necessity of the costs must be proved at the hearing.
- (h) An administrative law judge who declines to approve a proposed settlement by joint petition may disqualify himself or herself from further action in that docket and related dockets.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Effective date April 1, 1989)"