Louisiana 2012 2012 Regular Session

Louisiana House Bill HB496 Introduced / Bill

                    HLS 12RS-1127	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 496
BY REPRESENTATIVE JAMES
WORKERS COMPENSATION:  Provides for prospective application of new medical
treatment guidelines
AN ACT1
To amend and reenact R.S. 23:1203.1(A)(3) and (4) and to enact R.S. 23:1203.1(A)(5) and2
(O), relative to workers' compensation; to provide with respect to the medical3
treatment schedule; to provide definitions; to provide for prospective application;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1203.1(A)(3) and (4) are hereby amended and reenacted and R.S.7
23:1203.1(A)(5) and (O) are hereby enacted to read as follows: 8
ยง1203.1.  Medical treatment schedule9
A. For use in this Section, the following terms shall have the following10
meanings, unless clearly indicated otherwise by the context:11
*          *          *12
(3) "Injury", "personal injuries", "mental injury caused by mental stress", and13
"mental injury caused by physical injury" are defined as set forth in R.S. 23:1021(8).14
(3) (4) "Office" means the office of workers' compensation administration15
of the Louisiana Workforce Commission.16
(4) (5) "Schedule" means the medical treatment schedule to be developed by17
the council and promulgated by the office and the director.18
*          *          *19
O. The medical treatment schedule shall not apply to workplace injuries, as20
defined in R.S. 23:1021(8), which occurred on or before July 13, 2011.21 HLS 12RS-1127	ORIGINAL
HB NO. 496
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
James	HB No. 496
Abstract: Provides that the medical treatment schedule shall not apply to injuries suffered
on or before July 13, 2011.
Present law provides definitions for use in the medical treatment schedule.
Proposed law adds a definition to provide that "injury", "personal injuries", "mental injury
caused by mental stress", and "mental injury caused by physical injury" shall be defined as
they are in present law (R.S. 23:1021(8)).
Present law provides that the director of the office of workers' compensation administration
shall promulgate rules to establish a medical treatment schedule.
Present law is silent on the effective date of the application of the medical treatment
schedule or guidelines to workplace injuries.
Proposed law provides that the medical treatment schedule shall not apply to employees
injured on or before July 13, 2011, giving it prospective, instead of retroactive, application.
(Amends R.S. 23:1203.1(A)(3) and (4); Adds R.S. 23:1203.1(A)(5) and (O))