An Act
LEGISLATIVE ACT 31-05
AN ACT AMENDING THE WORKERS' COMPENSATION ACT BE IT ENACTED BY THE CHEROKEE NATION:
ARTICLE 1.
WORKERS' COMPENSATION
SECTION 1. TITLE AND CODIFICATION.
This Act shall be known as The Cherokee Nation Workers' Compensation Act Amendment of 2005.
SECTION 2. PURPOSE.
A. This Act amends the Workers' Compensation Act, LA 8-04 by making style changes
and adding detail to the dispute resolution procedures, and changes the limit for compensation.
SECTION 3. DEFINITIONS.
A. Definitions. In this Act, unless the context otherwise requires:
1. "Accident" means an unforeseen event occurring without the will or design of the person whose mere act causes it; a sudden, unexpected, unusual, or designed occurrence; or the effect of an unknown cause or, the cause, being known, an unprecedented consequence of it, provided, however, that no incident shall be considered an accident that does not involve a sudden and discernable physical trauma or event, and provided that the accident must occur during the course and scope of employment.
2. "Act of God" means an act occasioned exclusively by forces of nature without the interference of human agency.
3. "Artificial member" means a fabricated substitute replacing or enhancing a diseased or missing part of the body, to include eye(s) and/or teeth.
4. "Average weekly wage" means the earnings of the claimant in the employment in which he or she was working at the time of the injury during the period ninety-one (91) days immediately preceding the date of the injury, divided by thirteen (13) weeks. If the claimant has been employed for less than ninety-one (91) days, then the "average weekly wage" shall mean the actual earnings of the claimant in the employment in which he or she was working at the time of the injury divided by the actual number of weeks the employee worked. Volunteers shall be paid medical benefits only.
5. "Award" means the administrative or arbitration finding or decision det...
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