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Regular Session, 2010 ENROLLED
SENATE BILL NO. 106
BY SENATORS RISER AND THOMPSON
AN ACT1
To amend and reenact R.S. 23:1123, 1172.2(E), 1201(A), and to repeal R.S. 23:1201.1,2
relative to workers' compensation; to provide for an examination of an injured3
employee when certain disputes arise; to provide for the prompt reporting of certain4
information relative to payment of workers' compensation premiums which may be5
considered false, fraudulent, or misleading; to provide for payors and insurers to6
make weekly indemnity payments by electronic funds transfer; to repeal provisions7
requiring workers' compensation indemnity payments be mailed; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 23:1123, 1172.2(E), and 1201(A) are hereby amended and reenacted11
to read as follows:12
§1123. Disputes as to physical condition, capacity to work, or current medical13
treatment of employee; examination under supervision of the14
director15
If any dispute arises as to the condition of the employee, capacity to work,16
or the current medical treatment for the employee, the director, upon application17
of any party, shall order an examination of the employee to be made by a medical18
practitioner selected and appointed by the director. The medical examiner shall19
report his conclusions from the examination to the director and to the parties and20
such report shall be prima facie evidence of the facts therein stated in any subsequent21
proceedings under this Chapter.22
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ACT No. 3 SB NO. 106 ENROLLED
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§1172.2. Unlawful practices1
* * *2
E.(1)(a) Any person, insurer, or self-insurance fund who has knowledge3
of or who believes that a false, fraudulent, or misleading statement is knowingly4
made or is knowingly omitted for the purpose of avoiding, delaying, or5
diminishing the amount of payment of any workers' compensation premium6
shall, within sixty days of notice of such statement or omission, send to the office7
of workers' compensation administration, on a form prescribed by the director,8
the information requested and such additional information as may be requested9
by the office of workers' compensation administration.10
(b) The office of workers' compensation administration shall review11
such reports and select such acts of misrepresentation as, in its judgment, may12
require further investigation.13
(c) The office of workers' compensation administration shall then cause14
an independent examination of the facts surrounding such acts to be made to15
determine the extent, if any, to which fraud, deceit, or intentional16
misrepresentation of any kind exists.17
(d) The office of workers' compensation administration shall report any18
alleged violations of law which its investigations disclose to the appropriate19
licensing agency and prosecuting authorities having jurisdiction with respect to20
such violation.21
(2) No person or entity acting without malice, fraudulent intent, reckless22
disregard for the truth, or bad faith, shall be subject to civil liability for libel, slander,23
or any other relevant tort, and no civil cause of action of any nature shall exist24
against such person or entity by virtue of the filing of reports or furnishing of other25
information, either orally or in writing, relative to a violation by any employer of the26
provisions of this Section.27
(2) (3) The grant of immunity provided by this Subsection shall not abrogate28
or modify in any way any statutory or other privilege or immunity otherwise enjoyed29
by such person or entity.30 SB NO. 106 ENROLLED
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(3) (4) Any person or entity entitled by this Subsection to immunity from1
civil liability shall also be entitled to an award of attorney fees and costs if they are2
the prevailing party in a civil suit and the party bringing the action was not3
substantially justified in doing so. For purposes of this Section, a proceeding is4
"substantially justified" if it had a reasonable basis in law or fact at the time it was5
initiated.6
* * *7
§1201. Time and place of payment; failure to pay timely; failure to authorize;8
penalties and attorney fees9
A.(1) Payments of compensation under this Chapter shall be paid as near as10
may be possible, at the same time and place as wages were payable to the employee11
before the accident; however, when the employee is not living at the place where the12
wages were paid, or is absent therefrom, such payments shall be made by mail, upon13
the employee giving to the employer a sufficient mailing address. However, a longer14
interval, not to exceed one month, may be substituted by agreement without approval15
of the director. An interval of more than one month must be approved by the16
director.17
(2) Notwithstanding the requirement to make payments by mail in18
Paragraph (1) of this Subsection, electronic transfer of funds, including but not19
limited to direct deposit or use of a debit card, is an appropriate method of20
payment of compensation under this Chapter. Where a payor or insurer elects21
to issue debit cards and makes weekly payments by way of electronic funds22
transfers, an injured worker represented by an attorney may elect to have his23
weekly indemnity check deposited directly into his attorney's trust account.24
Where such an election is made, the payor or insurer shall provide notice by25
way of email only to the injured worker's attorney containing a list of all claims26
and amounts included in the direct deposit within forty-eight hours of the direct27
deposit.28
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Section 2. R.S. 23:1201.1 is hereby repealed.30 SB NO. 106 ENROLLED
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: