ENROLLED
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 53
Regular Session, 2010
HOUSE BILL NO. 1088
BY REPRESENTATIVE PONTI AND SENATORS RISER AND WALSWORTH
AN ACT1
To amend and reenact R.S. 23:1310.3, relative to workers' compensation claims; to provide2
for the initiation of a claim for benefits; to provide for service of process; to provide3
for the filing of an answer; to provide for mediation; to provide for the running of4
prescription; to require mediation to encourage settlement of the case; to provide for5
a dispute open in excess of three hundred days; to provide for fines and other6
penalties when a party fails to appear; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 23:1310.3 is hereby amended and reenacted to read as follows: 9
ยง1310.3. Initiation of claims; voluntary mediation; procedure10
A. A claim for benefits, the controversion of entitlement to benefits, or other11
relief under the Workers' Compensation Act shall be initiated by the filing of the12
appropriate form with the office of workers' compensation administration. Mailing,13
facsimile transmission, or electronic transmission of the form and payment of the14
filing fee within five days of any such mailing or transmission constitutes the15
initiation of a claim under R.S. 23:1209.16
B.(1) Upon receipt of the form, the director shall assign the matter to a17
district. Upon the request of the injured employee, the matter shall be set for an18
initial mediation conference within fifteen days of receipt of the form specifying the19
proper parties unless all parties agree to waive the mediation conference. A pretrial20
mediation shall be set not less than thirty days prior to trial. The pretrial mediation21
shall not be waived and shall be attended in person. All mediation conferences shall22
be before a workers' compensation mediator who shall mediate and encourage23
settlement of the case or determine issues in dispute. Within five days following the24 ENROLLEDHB NO. 1088
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
conference the workers' compensation mediator shall issue a report stating the results1
of the conference which shall be transmitted to the parties by United States mail,2
electronic transmission, or facsimile transmission. Upon receipt of the form, a3
district office shall effect service of process on any named defendant in any manner4
provided by law or by certified mail. All subsequent pleadings requiring service5
shall also be served in any manner provided by law or by certified mail. A defendant6
shall file an answer within fifteen days of service of the form or within a delay for7
answering granted by the workers' compensation judge not to exceed an additional8
ten days.9
(2) If any party fails to appear at a mediation conference after proper notice,10
the workers' compensation judge, upon report from the workers' compensation11
mediator, may fine the delinquent party an amount not to exceed five hundred12
dollars, which shall be payable to the Office of Workers' Compensation13
Administrative Fund. In addition, the workers' compensation judge may assess14
against the party failing to attend costs and reasonable attorney fees incurred by any15
other party in connection with the conference. If the plaintiff fails to appear after16
proper notice, the workers' compensation judge may dismiss the plaintiff's case17
without prejudice. The penalties provided for in this Subsection shall be assessed by18
the workers' compensation judge only after a contradictory hearing which shall be19
held prior to the hearing on the merits of the dispute.20
C. Upon notice from the workers' compensation mediator that the parties21
were unable to resolve the dispute at the initial mediation or if the initial mediation22
was not requested by the injured worker, service of process shall be effected on any23
named defendant in any manner provided by law or by certified mail. All24
subsequent pleadings requiring service shall also be served in any manner provided25
by law or by certified mail. A defendant shall file an answer within fifteen days of26
service of the form or within a delay for answering granted by the workers'27
compensation judge not to exceed an additional ten days.28
D. The filing of the answer shall be deemed timely when the answer is29
mailed, transmitted by facsimile, or electronic transmission on or before the day on30 ENROLLEDHB NO. 1088
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
which said delays run. If the answer is received by mail, facsimile, or electronic1
transmission on or before the first legal day following the expiration of the due date,2
there shall be a rebuttable presumption that the answer was timely filed. In all cases3
where the presumption does not apply, the timeliness of the mailing or transmittal4
shall be shown by an official United States postmark, official receipt of certificate5
from the United States Postal Service, facsimile transmission confirmation, or6
electronic receipt confirmation made at the time of transmission which indicates the7
date thereof.8
D.(1) Upon joint request of the parties, or upon order of the presiding9
workers' compensation judge, all parties shall engage the services of either of the10
following:11
(a) A Louisiana Workforce Commission, office of workers' compensation12
administration mediator, and such mediation shall be held in the district office in13
which the selected mediator is assigned.14
(b) A private mediator, and such mediation shall be held at a location15
mutually agreeable to the parties.16
(2) The selection of the mediator shall be by mutual agreement of the parties.17
(3) Each party shall provide a representative, in person or via telephone, to18
participate in the mediation conference, who has been provided with authority to19
enter into negotiations in a good faith effort to resolve the issue in dispute. The20
attorneys for the parties may participate in the mediation conference via telephone21
by mutual consent of the parties.22
(4) Within five days of the conclusion of the mediation conference, the23
parties shall certify to the court, via United States mail, electronic transmission, or24
facsimile transmission, that a mediation conference has occurred and the results25
thereof.26
(5) Nothing shall prohibit the parties from requesting a mediation conference27
prior to the filing of a disputed claim for compensation; however, neither the request28
nor participation in the mediation conference shall interrupt the running of29
prescription.30 ENROLLEDHB NO. 1088
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
E. If any party fails to appear at a mediation conference ordered by the judge1
or requested by the parties after proper notice, the workers' compensation judge upon2
request of a party may fine the delinquent party an amount not to exceed five3
hundred dollars, which shall be payable to the Office of Workers' Compensation4
Administrative Fund. In addition, the workers' compensation judge may assess5
against the party failing to attend costs and reasonable attorney fees incurred by any6
other party in connection with the conference. The penalties provided for in this7
Subsection shall be assessed by the workers' compensation judge only after a8
contradictory hearing which shall be held prior to the hearing on the merits of the9
dispute.10
F. Except as otherwise provided by R.S. 23:1101(B), 1361, and 1378(E), the11
workers' compensation judge shall be vested with original, exclusive jurisdiction12
over all claims or disputes arising out of this Chapter, including but not limited to13
workers' compensation insurance coverage disputes, group self-insurance indemnity14
contract disputes, employer demands for recovery for overpayment of benefits, the15
determination and recognition of employer credits as provided for in this Chapter,16
and cross-claims between employers or workers' compensation insurers or self-17
insurance group funds for indemnification or contribution, concursus proceedings18
pursuant to Louisiana Code of Civil Procedure Articles 4651 et seq. concerning19
entitlement to workers' compensation benefits, payment for medical treatment, or20
attorney fees arising out of an injury subject to this Chapter.21
F.(1) G.(1) Any party challenging the constitutionality of any provision of22
this Chapter shall specially plead such an allegation in the original petition, an23
exception, written motion, or answer, which shall state with particularity the grounds24
for such an allegation.25
(2) Within thirty days of the filing of any pleading raising the issue of26
unconstitutionality, the party making such an allegation must file a petition in a state27
district court of proper jurisdiction for purposes of adjudicating the claim of28
unconstitutionality. Said Such filing shall be given priority in hearing such claim not29
more than ten days from being presented to the district court.30 ENROLLEDHB NO. 1088
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) Failure to follow the procedures set forth in this Section shall bar any1
claim as to the unconstitutionality of any provision of this Chapter on appeal.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: