Title
TITLE 85 - WORKERS' COMPENSATION
Body
CHAPTER 1
GENERAL PROVISIONS
§ 1. Short title
This Act shall be known and may be cited as the Cherokee Nation Workers' Compensation Act Amendments of 2010.
History
Source. LA 08-04, eff. April 21, 2004.
Amended. LA 31-05, eff. October 16, 2005.
Amended. LA 21-06, eff. October 19, 2006.
Amended. LA 20-10, eff. August 15, 2010.
§ 2. Definitions
In this Title, 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. "Acting in the course of employment" means:
a. "Acting in the course of employment" means the worker acting at his or her employer's direction or in the furtherance of his or her employer's business which shall include time spent going to and from work on the jobsite, insofar as such time is immediate to the actual time that the worker is engaged in the work process in areas controlled by his or her employer, except parking area. It is not necessary that at the time an injury is sustained by a worker he or she is doing the work on which his or her compensation is based or that the event is within the time limits on which industrial insurance or medical aid premiums or assessments are paid.
b. "Acting in the course of employment" does not include:
i. Time spent going to or coming from the employer's place of business in an alternative commute mode, notwithstanding that the employer (i) paid directly or indirectly, in whole or in part, the cost of a fare, pass, or other expense associated with the alternative commute mode;...
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