HLS 10RS-913 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 669
BY REPRESENTATIVE DIXON
WORKERS COMPENSATI ON: Provides relative to the rehabilitation of injured
employees
AN ACT1
To amend and reenact R.S. 23:1127(C) and 1226(B) through (G) and to enact R.S.2
23:1226(H), relative to worker's compensation; provides for the responsibilities of3
physicians and vocational rehabilitation counselors; provides private investigators4
shall not be case managers; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1127(C) and 1226(B) through (G) are hereby amended and7
reenacted and R.S. 23:1226(H) is hereby enacted to read as follows:8
§1127. Release of medical records and information9
* * *10
C.(1) Consistent with the policy of reasonable access to medical information11
for all parties and notwithstanding the provisions of Article 510 of the Louisiana12
Code of Evidence or any other law to the contrary, a health care provider, without13
the necessity of a subpoena or other discovery device, shall verbally discuss medical14
information regarding the injured employee with any of the following:15
(a) another Another health care provider examining the employee ,.16
(b) a A case manager, or which shall not be construed to include private17
investigators.18
(c) a A vocational rehabilitation counselor assigned to provide rehabilitation19
for that injured worker. 20 HLS 10RS-913 ORIGINAL
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(2) No health care provider or his employee or agent shall be held civilly or1
criminally liable for disclosure of the medical information conveyed pursuant to this2
Section. This Paragraph shall not apply to examinations conducted by medical3
examiners appointed by the director pursuant to R.S. 23:1123.4
(2)(3) In any verbal communication or personal conference between the5
vocational rehabilitation counselor and any health care provider, for the purpose of6
providing rehabilitation services, the employee or his agent or representative shall7
cooperate in scheduling a reasonable date and time for such communication or8
conference and the employee or his agent or representative shall be given fifteen9
days notice of any such communication or conference, and shall be given the10
opportunity to attend or participate in the communication or conference. Irrespective11
of the number of persons attending the conference, the health care provider shall only12
charge a reasonable single fee.13
(3)(4) In addition to any other duty or responsibility provided by law, a case14
manager or vocational rehabilitation counselor who is a party to a verbal15
communication with the health care provider regarding an employee, as authorized16
by Paragraph (1) of this Subsection, shall, within five working days of the17
communication, mail a written summary of the communication and any work18
restrictions or modifications required for the employee's reasonable return to19
employment to the employee, his representative, and the health care provider. The20
summary shall be mailed by certified mail, return receipt requested, to the employee21
or his representative. It shall include a narration of any diagnosis or opinion given22
or discussed, any conclusions reached concerning the vocational rehabilitation plan,23
any return to work opportunities discussed consistent with the vocational24
rehabilitation plan, and the medical evaluation of the health care provider.25
(4)(5) Any medical information released in writing shall be furnished to the26
employee at no cost to him simultaneously with it being furnished to the employer,27
its insurer, agent, or representative. Any such records or information furnished to28
the employer or insurer or any other party pursuant to this Section shall be held29 HLS 10RS-913 ORIGINAL
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confidential by them and the employer or insurer or any other party shall be liable1
to the employee for any actual damages sustained by him as a result of a breach of2
this confidence up to a maximum of one thousand dollars, plus all reasonable3
attorney fees necessary to recover such damages. An exception to this breach of4
confidentiality shall be any introduction or use of such information in a court of law,5
or before the Office of Workers' Compensation Administration or the Louisiana6
Workers' Compensation Second Injury Board.7
* * *8
§1226. Rehabilitation of injured employees9
* * *10
B.(1) It shall be the responsibility of the physician to determine the physical11
capabilities of the injured worker.12
(2) It shall be the responsibility of the vocational rehabilitation counselor to13
determine whether a particular job is appropriate for the injured worker, based on14
that worker's skills and physical capabilities.15
B.C.(1) The goal of rehabilitation services is to return a disabled worker to16
work, with a minimum of retraining, as soon as possible after an injury occurs. The17
first appropriate option among the following must be chosen for the worker:18
(a) Return to the same position.19
(b) Return to a modified position.20
(c) Return to a related occupation suited to the claimant's education and21
marketable skills.22
(d) On-the-job training.23
(e) Short-term retraining program (less than twenty-six weeks).24
(f) Long-term retraining program (more than twenty-six weeks but not more25
than one year).26
(g) Self-employment.27 HLS 10RS-913 ORIGINAL
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(2) Whenever possible, employment in a worker's local job pool must be1
considered and selected prior to consideration of employment in a worker's statewide2
job pool.3
(3)(a) The employer shall be responsible for the selection of a licensed4
professional vocational rehabilitation counselor to evaluate and assist the employee5
in his job placement or vocational training. Should the employer refuse to provide6
these services, or a dispute arises concerning the work of the vocational counselor,7
the employee may file a claim with the office to review the need for such services8
or the quality of services being provided. The procedure for hearing such claims9
shall be expedited as provided in R.S. 23:1124.10
(b) An employee shall have no right of action against a vocational counselor11
for tort damages related to the performance of vocational services unless and until12
he has exhausted the administrative remedy provided for in Subparagraph (a) of this13
Paragraph. The running of prescription shall be suspended during the pendency of14
the administrative proceedings provided for in this Paragraph.15
(c) The expedited procedure shall also be made available to the employer to16
require the employee's cooperation in the rehabilitation process. Refusal to accept17
rehabilitation as deemed necessary by the worker's compensation judge shall result18
in a fifty percent reduction in weekly compensation, including supplemental earnings19
benefits pursuant to R.S. 23:1221(3), for each week of the period of refusal.20
C.D.(1) Rehabilitation services required for disabled workers may be21
initiated by:22
(a) An insurer or self-insured employer by designating a rehabilitation23
provider and notifying the office.24
(b) The office by requiring the insurer or self-insured employer to designate25
a rehabilitation provider.26
(c) The employee, through a request to the office. The office shall then27
require the insurer to designate a rehabilitation provider.28 HLS 10RS-913 ORIGINAL
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(2) Rehabilitation services provided under this Part must be delivered1
through a rehabilitation counselor approved by the office.2
D.E. Prior to the workers' compensation judge adjudicating an injured3
employee to be permanently and totally disabled, the workers' compensation judge4
shall determine whether there is reasonable probability that, with appropriate training5
or education, the injured employee may be rehabilitated to the extent that such6
employee can achieve suitable gainful employment and whether it is in the best7
interest of such individual to undertake such training or education.8
E.F. When it appears that a retraining program is necessary and desirable to9
restore the injured employee to suitable gainful employment, the employee shall be10
entitled to a reasonable and proper retraining program for a period not to exceed11
twenty- six weeks, which period may be extended for an additional period not to12
exceed twenty-six additional weeks if such extended period is determined to be13
necessary and proper by the workers' compensation judge. However, no employer14
or insurer shall be precluded from continuing such retraining beyond such period on15
a voluntary basis. An injured employee must request and begin retraining within two16
years from the date of the termination of temporary total disability as determined by17
the treating physician. If a retraining program requires residence at or near the18
facility or institution and away from the employee's customary residence, reasonable19
cost of board, lodging, or travel shall be borne by the employer or insurer. A20
retraining program shall be performed at facilities within the state when such21
facilities are available.22
F.G. Temporary disability benefits paid pursuant to R.S. 23:1221(1) shall23
include such period as may be reasonably required for training in the use of artificial24
members and appliances and shall include such period as the employee may be25
receiving training or education under a retraining program pursuant to this Section.26
G.H. The permanency of the employee's total disability under R.S.27
23:1221(2) cannot be established, determined, or adjudicated while the employee is28 HLS 10RS-913 ORIGINAL
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employed pursuant to an on-the-job training or a retraining program as provided in1
Subsections B C and E F of this Section.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Dixon HB No. 669
Abstract: Provides the responsibility of physicians shall be to determine the physical
capabilities of injured workers and the responsibility of vocational rehabilitation
counselors shall be to determine if a particular job is appropriate for an injured
worker based on the worker's skills and physical capabilities. Also provides case
managers shall not be private investigators.
Present law provides, notwithstanding any law to the contrary, a health care provider,
without the necessity of a subpoena or other discovery device, shall verbally discuss medical
information regarding the injured employee with another health care provider examining the
employee, a case manager, or a vocational rehabilitation counselor assigned to provide
rehabilitation for that injured worker.
Proposed law specifies that a health care provider may discuss an injured employee's
medical information with any of the above-mentioned individuals. Proposed law further
specifies that a case manager shall not be construed to include private investigators.
Proposed law otherwise retains present law.
Proposed law, relative to injured workers, provides that the responsibility of a physician is
to determine the physical capabilities of the injured worker. Further provides that the
responsibility of the vocational rehabilitation counselor is to determine whether a particular
job is appropriate for the injured worker.
Proposed law otherwise retains present law.
(Amends R.S. 23:1127(C) and 1226(B)-(G); Adds R.S. 23:1226(H))