An Act
Committee: Rules Committee Sponsor: Meredith Frailey
Assigned: 01/29/04 Rules: 02/19/04 Author: Ben Stevens/Todd Hembree
Legislative Act 8-04
Title
AN ACT RELATING TO WORKERS' COMPENSATION FOR CHEROKEE NATION AND ITS WHOLLY-OWNED ENTITIES
Body
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 and shall be codified as
(Title) (Section) of the Cherokee Nation Code Annotated. Sections 1
through 47 of this Act shall constitute Article 1 of the Cherokee Nation Workers' Compensation Act. Sections 48 through 57 of this Act shall constitute Article 2 of the Cherokee Nation Workers' Compensation Act.
SECTION 2. PURPOSE.
A. This Act shall apply to all workers' compensation claims which are either filed after the effective date
of this Act or which arise from accidents which occur after the effective date of this Act and shall apply to all occupational disease disablement claims which either arise from a last injurious exposure which occurred after the effective date of this Act or which are diagnosed after the effective date of this Act.
B. Commencement with the passage of this Act, employers as defined herein may each establish separate
programs for the effective administration of all work-related claims.
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 undesigned 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...
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