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Regular Session, 2012
SENATE BILL NO. 602
BY SENATOR APPEL
WORKERS' COMPENSATION. Provides relative to the Workers' Compensation Benefits
Review Board. (1/1/13)
AN ACT1
To amend and reenact R.S. 23:1310.5 and to enact R.S. 23:1309, relative to workers'2
compensation; to provide for the creation of the Workers' Compensation Benefits3
Review Board; to provide for board membership; to provide for duties of the board;4
to provide with respect to appeals from the decisions of the board; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 23:1310.5 is hereby amended and reenacted and R.S. 23:1309 is8
hereby enacted to read as follows: 9
§1309. Workers' Compensation Benefits Review Board; creation; powers and10
duties11
A. There is hereby created within the Louisiana Workforce12
Commission's Office of Workers' Compensation Administration, the Workers'13
Compensation Benefits Review Board.14
B.(1) The Workers' Compensation Benefits Review Board shall consist15
of three members appointed by the governor for terms beginning on January16
1, 2013 to serve in the following manner:17 SB NO. 602
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(a) One member shall serve for an initial term of two years.1
(b) One member shall serve for an initial term of four years.2
(c) One member shall serve for an initial term of six years.3
(d) All terms after the initial terms shall be for a period of six years.4
(e) In the event of a vacancy on the board, the governor shall appoint a5
replacement to complete the unexpired term.6
(2) Each appointment by the governor shall be submitted to the Senate7
for confirmation.8
(3) The members of the board shall be attorneys, licensed to practice law9
in Louisiana with at least ten years of experience, including substantial expertise10
in workers' compensation matters.11
(4) The members of the board shall not engage in the private practice12
of law during their term, but shall devote their full time to the duties as a13
member of the board.14
C. The compensation of the members of the Workers' Compensation15
Benefits Review Board shall be equal to the compensation for judges of the16
courts of appeal, including any changes in such compensation which may be17
hereafter implemented, and shall be paid from the office of workers'18
compensation administrative fund.19
D. (1) When any member of the Workers' Compensation Benefits20
Review Board is disqualified for any reason from hearing and participating in21
the determination of any matter pending before the board, the governor shall22
appoint a person meeting the qualifications set forth in Subsection (B) of this23
Section to hear and participate in deciding the particular matter.24
(2) Any temporary ad hoc member so appointed shall have all authority25
and responsibility with respect to the particular matter before the board, as if26
such person were a regular member of the board, but shall have no authority27
or responsibility with respect to any other matter before the board.28
(3) The name of the ad hoc member need not be submitted to the Senate29 SB NO. 602
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for confirmation.1
(4) A person appointed as an ad hoc member of the Workers'2
Compensation Benefits Review Board pursuant to the provisions of this3
Subsection shall be entitled to receive a per diem not to exceed five hundred4
dollars for each day spent in attending to the duties as an ad hoc member of the5
board. The compensation shall be paid from any funds of the board which are6
available for or may legally be used for paying such per diem.7
E. The Workers' Compensation Benefits Review Board shall have the8
authority to adopt reasonable rules and regulations, including the rules of9
procedure pertaining to the board. Such rules shall be adopted in compliance10
with the provisions of the Administrative Procedure Act, R.S. 49:950, et seq.11
F. The Workers' Compensation Benefits Review Board shall have the12
duty and authority to make decisions and final adjudications regarding13
workers' compensation claims and disputes after such claims have been heard14
by a workers' compensation judge and the workers' compensation judge has15
issued a recommended finding, proposed order, decision, or award.16
* * *17
§1310.5. Hearing, final adjudication, and appellate procedures; reported18
opinions19
A.(1) Insofar as may be possible, all the evidence pertaining to each case,20
except as to noncontested matters, shall be heard by the workers' compensation judge21
initially assigned to the case. Upon the completion of such hearing or hearings, the22
workers' compensation judge shall make such recommended finding and proposed23
order, decision, or award as is proper, just, and equitable in the matter.24
(2) Either party feeling aggrieved by such order, decision, or award shall,25
after receipt by certified mail of the order, decision, or award, have the right to take26
an appeal to the circuit court of appeal for the judicial district elected by the claimant27
upon the filing of the petition. The motion and order for appeal shall be filed with the28
district office assigned to handle the claim, which shall be responsible for29 SB NO. 602
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preparation of the record for the appellate court. (a) If the parties accept the1
recommended findings and proposed order, decision, or award of the workers'2
compensation judge, and if neither party objects to the same as provided herein,3
the parties shall be conclusively presumed to have accepted the4
recommendation of the workers' compensation judge and shall be bound5
thereby.6
(b) Within thirty days of receipt by certified mail of the recommended7
findings and proposed order, decision, or award of the workers' compensation8
judge, either party feeling aggrieved by the recommendations shall file with the9
district office assigned to handle the claim, a notification of objection of the10
party to the recommendations. The district office shall be responsible for11
preparation of the record for the Workers' Compensation Benefits Review12
Board.13
B. The decision of the workers' compensation judge shall be final unless an14
appeal is made to the appropriate circuit court of appeal. An appeal which suspends15
the effect or execution of an appealable judgment or order must be filed within thirty16
days. An appeal which does not suspend the effect or execution of an appealable17
judgment or order must be filed within sixty days. The delay for filing an appeal18
commences to run on the day after the judgment was signed or on the day after the19
district office has mailed the notice of judgment as required by Louisiana Code of20
Civil Procedure Article 1913, whichever is later. Motions for new trial shall be21
entertained in disputes filed under this Chapter. The delay for filing an appeal when22
a motion for new trial has been filed shall be governed by the Louisiana Code of23
Civil Procedure. The Workers' Compensation Benefits Review Board shall24
perform a de novo review of the record and the recommendation of the25
workers' compensation judge shall not be entitled to any presumption of26
correctness as to findings of law or fact.27
C.(1) Notice of the decision of the Workers' Compensation Review28
Board shall be served upon the parties by certified mail. The decision of the29 SB NO. 602
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board shall be final unless an appeal is made to the circuit court of appeal for1
the judicial district wherein the claimant resides at the time the petition is filed.2
Either party feeling aggrieved by the decision of the board and wishing to3
appeal shall file a motion and order for appeal with the board, which shall be4
responsible for preparation of the record for the appellate court.5
(2) An appeal which suspends the effect or execution of an appealable6
judgment or order shall be filed within thirty days of receipt by certified mail7
by the party seeking the appeal. An appeal which does not suspend the effect8
or execution of an appealable judgment or order shall be filed within sixty days9
of receipt by certified mail by the party seeking the appeal.10
(3) In the absence of fraud, the findings of fact made by the Workers'11
Compensation Benefits Review Board within its power shall be conclusive and12
binding upon the court of review. The circuit court of appeal shall review only13
questions of law and may modify, reverse, remand for rehearing, or set aside14
the order or award only upon the following grounds:15
(a) The Workers' Compensation Benefits Review Board acted without16
or in excess of its power and authority.17
(b) The order or award was procured by fraud.18
(c) The order or award violated the Louisiana Workers' Compensation19
Law or other applicable law.20
(4) When there has been an award of benefits by the workers' compensation21
judge Workers' Compensation Benefits Review Board, no appeal by an employer22
shall be entertained by the appellate court unless the employer secures a bond with23
one or more sureties to be approved by the workers' compensation judge board,24
guaranteeing that the employer will pay the amount of the award rendered therein25
together with interest thereon as otherwise provided by law, and all costs of the26
proceeding. The time limits for perfecting the bond shall be as provided in the Code27
of Civil Procedure, but shall not commence to run against the appellant until the28
appellant is notified by the workers' compensation judge Workers' Compensation29 SB NO. 602
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Benefits Review Board as to the amount of the bond fixed in accordance with law.1
D. (1) When the only controverted issue in a death claim is the determination2
of proper beneficiaries entitled to receive death benefits, and the competing3
beneficiaries appeal the decision of the workers' compensation judge, the employer4
or insurance carrier may pay the proceeds, as they accrue, to the director.5
(2) The director shall hold the proceeds in trust in an interest-bearing account6
during the appellate period and shall distribute the proceeds and interest to the7
beneficiaries designated in final award or judgment.8
(3) The employer or insurance carrier shall not be taxed interest or cost on the9
order of the death claim if payments have been made to the director as they accrue.10
E.(1) An order for physical therapy or a work hardening program shall not11
be suspended during the pendency of any appeal.12
(2) Regardless of whether the judgment rendered by the workers'13
compensation judge is in favor of the employer or the employee, when the workers'14
compensation judge has made a specific finding that further delay for surgery would,15
more likely than not, result in death, permanent disability, or irreparable injury to the16
claimant, any appeal of the judgment shall be entitled to preference and priority and17
handled on an expedited basis. In such cases, the record shall be prepared and filed18
within fifteen days of the granting of the order of appeal. The Workers'19
Compensation Benefits Review Board or court of appeal shall hear the case within20
thirty days after the filing of the appellee's brief.21
F. All workers' compensation decisions of the Workers' Compensation22
Benefits Review Board and of circuit courts of appeal shall be published opinions.23
The published opinions in any reporter shall identify the office of workers'24
compensation district from which the appeal was taken and the identity of the25
workers' compensation judge who rendered the judgment or award that is the subject26
of appeal.27
Section 2. This Act shall become effective on January 1, 2013.28
29 SB NO. 602
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Proposed law creates the Workers' Compensation Benefits Review Board, comprised of
three appointees of the governor who shall be attorneys licensed to practice in Louisiana
with at least 10 years of experience and expertise in workers' compensation matters.
Proposed law provides that the names of the governor's appointees shall be submitted to the
Senate for confirmation and these appointees shall serve initial terms of 2, 4, and 6 years.
Thereafter all terms shall be for 6 years and the governor shall appoint a replacement for any
vacancy that occurs on the board.
Proposed law provides that members of the board shall not engage in a private law practice
during their term on the board and shall be compensated at the same level as court of appeal
judges.
Proposed law provides that if a member is disqualified for any reason from hearing and
participating in the determination of a matter pending before the board, the governor shall
appoint a person in the member's stead. Provides that the name of the ad hoc member need
not be submitted to the Senate for confirmation.
Proposed law provides that the board shall have the authority to adopt rules as to its
procedures and that the board shall have the duty and authority to make decisions and final
adjudications regarding workers' compensation matters properly before the board, including
final adjudications of matters in which a workers' compensation judge has issued a
recommended finding, proposed order, decision, or award.
Present law provides that in contested workers' compensation matters, the issue is heard by
a workers' compensation judge who issues an order, decision, or award on the matter.
Proposed law provides that the decision of the workers' compensation judge is merely a
recommended finding or proposed order, decision, or award.
Present law provides that decisions of the workers' compensation judge may be appealed by
any aggrieved party to the circuit court of appeal for the judicial district chosen by the
claimant upon filing the petition.
Proposed law provides that appeals to the board of a workers' compensation judge's
recommended finding or proposed order, decision, or award will be heard de novo and no
presumption of correctness as to findings of law or fact shall be accorded.
Proposed law provides for deadlines for the filing of an objection to the workers'
compensation judge's recommendations and the preparation of the record to be delivered to
the Workers' Compensation Benefits Review Board.
Proposed law provides that in the absence of fraud, the findings of fact by the board shall be
conclusive and binding on a court of review, restricting the inquiry of the circuit court of
appeal to issues of law.
Present law provides that all workers' compensation decisions of the circuit courts of appeal
be published.
Proposed law retains present law and further provides that decisions of the Workers'
Compensation Benefits Review Board shall be published opinions. SB NO. 602
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Effective January 1, 2013.
(Amends R.S. 23:1310.5; adds R.S. 23:1309)