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Regular Session, 2014
SENATE BILL NO. 227
BY SENATOR MURRAY
WORKERS' COMPENSATION. Removes the authority of the office of workers'
compensation to adjudicate workers' compensation claims and provides that the district
courts have original jurisdiction of workers' compensation claims. (1/1/15)
AN ACT1
To amend and reenact R.S. 23:1102(A)(2), 1103(A)(3), 1121(B)(1), 1141(A), 1143(A) and2
(B)(1), 1171(B), 1171.1(C)(1), the introductory paragraph of (C)(2), and (4), and3
(D)(1), 1201(F)(1), 1201.1(I)(2), (J)(1), (3), and (4), and (K)(1) through (4), (6), the4
introductory paragraph of (8)(a), and (8)(b), (c), and (d), 1201.3(A) through (C),5
1201.4(A), 1208(D) and (E), 1226(B)(3)(a), (D), and (E), 1272(A) through (D),6
1274, 1293(A)(1) and (B)(1), 1310, 1310.2(A), 1310.15, 1314(B) and (C), 1316,7
1317, 1317.1(E) and (F) and 1361(E), and to repeal R.S. 23:1310.1, 1310.2(B) and8
(C), 1310.3, 1310.4, 1310.5, 1310.6, 1310.7, 1310.8, 1310.9, 1310.10, 1310.11,9
1310.13, 1311, relative to the office of workers' compensation; to provide that10
district courts have original jurisdiction regarding workers' compensation claims; to11
repeal provisions providing for the office of workers' compensation to adjudicate12
workers' compensation claims; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 23:1102(A)(2), 1103(A)(3), 1121(B)(1), 1141(A), 1143(A) and15
(B)(1), 1171(B), 1171.1(C)(1), the introductory paragraph of (C)(2), and (4), and(D)(1),16
1201(F)(1), 1201.1(I)(2), (J)(1), (3), and (4), and (K)(1) through (4), (6), the introductory17 SB NO. 227
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paragraph of (8)(a), and (8)(b), (c), and (d), 1201.3(A) through (C), 1201.4(A), 1208(D) and1
(E), 1226 (B)(3)(a), (D), and (E), 1272(A) through (D), 1274, 1293(A)(1) and (B)(1), 1310,2
1310.2(A), 1310.15, 1314(B) and (C), 1316, 1317, 1317.1(E) and (F) and 1361(E) are hereby3
amended and reenacted to read as follows:4
§1102. Employee or employer suits against third persons causing injury; notice of5
filing6
A. * * *7
(2) Any dispute between the employer and the employee regarding the8
calculation of the employer's credit may be filed with the office of workers'9
compensation and tried before a workers' compensation district court judge.10
However, any determination of the employer's credit shall not affect any rights11
granted to the employer or the employee pursuant to R.S. 23:1103(C).12
* * *13
§1103. Damages; apportionment of between employer and employee in suits14
against third persons; compromise of claims; credit15
A. * * *16
(3) Any dispute between the employer and the employee regarding the17
calculation of the employer's credit may be filed with the office of workers'18
compensation district court and tried before a workers' compensation district court19
judge. If a third party action has been filed in a district court, such dispute shall be20
filed in the district court and tried before a district judge unless the parties agree21
otherwise. However, any determination of the employer's credit shall not affect any22
rights granted to the employer or the employee pursuant to R.S. 23:1103(C).23
* * *24
§1121. Examination of injured employee25
* * *26
B.(1) The employee shall have the right to select one treating physician in27
any field or specialty. The employee shall have a right to an expedited summary28
proceeding pursuant to R.S. 23:1201.1(K)(8), when denied his right to an initial29 SB NO. 227
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physician of choice. The workers' compensation district court judge shall set the1
hearing date for the matter within three days of receiving the employee's motion for2
the expedited hearing. The hearing shall be held not less than ten nor more than3
thirty days after the employee or his attorney files the motion for an expedited4
hearing. The workers' compensation district court judge shall provide notice of the5
hearing date to the employer and insurer at the same time and in the same manner6
that notice of the hearing date is provided to the employee or his attorney. For the7
purposes of this Section, an employee shall not be required to submit the dispute on8
the choice of physician to mediation nor go through a pretrial conference before9
obtaining a hearing. The hearing shall be conducted as a rule to show cause. The10
workers' compensation district court judge shall order the employer or payor to11
authorize the claimant's choice of physician unless the employer or payor can show12
good cause for his refusal. After his initial choice the employee shall obtain prior13
consent from the employer or his workers' compensation carrier for a change of14
treating physician within that same field or specialty. The employee, however, is not15
required to obtain approval for change to a treating physician in another field or16
specialty.17
* * *18
§1141. Attorney fees; privilege on compensation awards19
A. Claims of attorneys for legal services arising under this Chapter shall not20
be enforceable unless reviewed and approved by a workers' compensation district21
court judge. If so approved, such claims shall have a privilege upon the22
compensation payable or awarded, but shall be paid therefrom only in the manner23
fixed by the workers' compensation district court judge. No privilege shall exist or24
be approved by a workers' compensation district court judge on injury benefits as25
provided in R.S. 23:1221(4)(s).26
* * *27
§1143. Excessive fees or solicitation of employment; penalty; withholding attorney28
fees; approval by workers' compensation district court judge29 SB NO. 227
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A. Whoever exacts or receives a fee or gratuity for any services rendered on1
behalf of a claimant for compensation, except in the amount determined by the2
workers' compensation district court judge, or solicits the business of appearing3
before the office on behalf of a claimant, or makes it a business to solicit4
employment for an attorney in connection with any claim for compensation under5
this Chapter, shall be fined not more than five hundred dollars or imprisoned for not6
more than twelve months, or both.7
B.(1) An attorney may withhold, as proposed attorney fees, a sum not to8
exceed twenty percent of all amounts recovered in his trust account which funds9
shall remain the property of the claimant, pending approval of such fees by the10
workers' compensation district court judge.11
* * *12
§1171. Civil fine; hearing; appeal13
* * *14
B. An employer may appeal the decision of the financial and compliance15
officer to the workers' compensation district court judge in the district in which the16
business of the employer is located or East Baton Rouge Parish by filing, within17
thirty days of the date of assessment, a written request for a formal hearing, which18
request should be filed on a disputed claim form. All appeals to the workers'19
compensation district court judge shall be de novo. A final order from a hearing20
may be appealed to the appropriate court of appeal.21
* * *22
§1171.1. Discontinuance of business; injunction; procedure23
* * *24
C.(1) If at such hearing, it is determined that the employer is in violation of25
his obligation under R.S. 23:1168, the workers' compensation district court judge26
may fine the employer in the manner provided pursuant to R.S. 23:1170(A) and shall27
order the employer to secure workers' compensation insurance and file evidence of28
coverage within ninety days of the order. Should the employe r fail to file such29 SB NO. 227
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evidence, the workers' compensation district court judge shall issue a cease and1
desist order prohibiting the employer from continuing its business operations until2
such time as the employer complies with R.S. 23:1168, and all fines issued are paid3
in full.4
(2) Any cease and desist order issued by the workers' compensation district5
court judge under Paragraph C(1) of this Subsection shall include specific findings6
of fact based upon evidence of all of the following:7
* * *8
(4) A cease and desist order shall not issue prior to a hearing and there shall9
be no interruption of an employer's business operation if he submits satisfactory10
proof to the workers' compensation district court judge of his compliance with R.S.11
23:1168, regardless of whether he may have been in violation thereof previously.12
D.(1) After the issuance of a cease and desist order and upon the request of13
the director, the attorney general shall immediately institute proceedings for14
injunctive relief against the employer in the district court of any judicial district in15
this state where the employer does business. In such district court proceedings, a16
certified copy of any cease and desist order entered by the workers' compensation17
district court judge in accordance with this Section based upon evidence in the18
record shall be prima facie evidence of the facts found in such record.19
* * *20
§1201. Time and place of payment; failure to pay timely; failure to authorize;21
penalties and attorney fees22
* * *23
F. * * *24
(1) Such penalty and attorney fees shall be assessed against either the25
employer or the insurer, depending upon fault. No workers' compensation insurance26
policy shall provide that these sums shall be paid by the insurer if the workers'27
compensation district court judge determines that the penalty and attorney fees are28
to be paid by the employer rather than the insurer.29 SB NO. 227
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* * *1
§1201.1. Controversion of compensation and medical benefits2
* * *3
I. * * *4
(2) If disputed by the parties, upon a rule to show cause held prior to the5
preliminary determination or any hearing held pursuant to this Section, the workers'6
compensation district court judge shall determine whether the employer is in7
compliance.8
J.(1) Upon the filing of the request for a preliminary determination hearing,9
the workers' compensation district court judge shall initiate a telephone status10
conference with the parties to schedule the discovery deadlines and to facilitate the11
exchange of documents. The scope of the discovery will be limited to the issues12
raised in the disputed payment, suspension, modification, termination, or13
controversion of benefits. The preliminary determination hearing shall be a14
contradictory hearing at which all parties shall have the opportunity to introduce15
evidence.16
* * *17
(3) The preliminary determination hearing shall be held no later than ninety18
days from the scheduling conference. However, upon a showing of good cause, one19
extension of an additional thirty days is permitted upon approval by the workers'20
compensation district court judge. The workers' compensation district court judge21
shall issue a preliminary determination no later than thirty days after the hearing.22
(4) Any employer or payor requesting a preliminary determination hearing23
shall produce all documentation relied on by the employer or payor in calculating,24
modifying, suspending, terminating, or controverting the employee's benefits. These25
documents shall be disclosed to the employee or the employee's representative within26
ten days of the request for the preliminary determination hearing.27
K.(1) The employer or payor shall, within ten calendar days of the mailing28
of the determination from the workers' compensation district court judge, do either29 SB NO. 227
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of the following:1
(a) Accept and comply with preliminary determination of the workers'2
compensation district court judge regarding the payment, suspension, modification,3
termination, or controversion of benefits and mail a revised "Notice of Modification,4
Suspension, Termination, or Controversion of Compensation and/or Medical5
Benefits" to the injured employee or employee's representative, along with any6
payment amount determined, and any arrearage due.7
(b) Notify the injured employee or his representative in writing that the8
employer or payor does not accept the determination.9
(2) Any employer or payor who accepts and complies with the workers'10
compensation district court judge's determination within ten calendar days, shall not11
be subject to any penalty or attorney fees arising out of the original notice which was12
the subject of the preliminary hearing.13
(3) Any employer or payor who accepts and complies with the workers'14
compensation district court judge's determination, but who disagrees with such15
preliminary determination, shall notify the court within ten days of receipt of the16
preliminary determination of his desire to proceed to a trial on the merits of the17
matters that were the subject of the preliminary hearing.18
(4) Any employer or payor who does not accept the workers' compensation19
district court judge's determination or fails to comply with the determination within20
ten calendar days, may, at the trial on the merits, be subject to penalties and attorney21
fees pursuant to R.S. 23:1201, arising out of the issues raised in the original notice22
of payment, modification, suspension, termination, or controversion of benefits,23
which was the subject of the preliminary hearing.24
* * *25
(6) Any employer or payor who accepts and complies with the determination26
of the workers' compensation district court judge, and who does not request to27
proceed to trial on the merits of the matters that were the subject of the preliminary28
hearing, shall retain the right to further controvert future matters. The workers'29 SB NO. 227
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compensation district court judge's determination shall not be considered an order1
concerning benefits due requiring modification, nor shall the determination be2
considered res judicata of any matters which were the subject of the preliminary3
hearing. The acceptance of the preliminary determination by the employer or payor4
shall not be considered an admission.5
* * *6
(8)(a) Upon motion of either party, whether or not the employer or payor is7
entitled to a preliminary determination, the workers' compensation district court8
judge's ruling in a hearing shall be conducted as an expedited summary proceeding9
and shall be considered an order of the court and not requiring a further trial on the10
merits, if it concerns any of the following matters:11
* * *12
(b)(i) The workers' compensation district court judge shall set the expedited13
summary proceeding hearing date pursuant to Items (a)(iii), (iv), and (v) of this14
Paragraph within three days of receiving the employer's motion for the expedited15
hearing. The hearing shall be held not less than ten nor more than thirty days after16
the motion has been filed.17
(ii) The workers' compensation district court judge shall provide the notice18
of the hearing date to the employee or his attorney at the same time and in the same19
manner that the notice of the hearing date is provided to the employer or payor.20
(iii) For the purposes of this Section, the party seeking an expedited hearing21
shall not be required to submit the dispute to mediation or go through a pretrial22
conference before obtaining a hearing. The hearing shall be conducted as a rule to23
show cause.24
(c) The workers' compensation district court judge shall order the employee25
to sign the choice of physician form, enforce the employee's submission to the26
medical examination, or provide the LWC-1020 or LWC-1025 form as applicable27
unless the employee can show good cause for his refusal.28
(d) If the employee seeking relief pursuant to this Paragraph can show good29 SB NO. 227
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cause for his refusal, the workers' compensation district court judge shall order the1
suspension or reduction in benefits lifted and the payment of any arrearage due. If2
the employee fails to show good cause for refusal, the workers' compensation3
district court judge shall order the suspension or reduction in benefits to continue4
until the employee complies.5
* * *6
§1201.3. Failure to pay compensation; judgment and execution; interest; revocation7
or suspension of insurer's license8
A. If payment of compensation or an installment payment of compensation9
due under the terms of an award, except in case of appeals from an award, is not10
made within ten days after the same is due by the employer or insurance carrier11
liable therefor, the workers' compensation district court judge may order a certified12
copy of the award to be filed in the office of the clerk of court of any parish, which13
award whether accumulative or lump sum, when recorded in the mortgage records,14
shall be a judicial mortgage as provided in Civil Code Article 3299. Any15
compensation awarded and all payments thereof directed to be made by order of the16
workers' compensation district court judge shall bear judicial interest from the date17
compensation was due until the date of satisfaction. The interest rate shall be fixed18
at the rate in effect on the date the claim for benefits was filed with the office of19
workers' compensation administration.20
B. Upon the filing of the certified copy of the workers' compensation district21
court judge's award a writ of execution shall issue and process shall be executed and22
the cost thereof taxed, as in the case of writs of execution, on judgments of courts of23
record, as provided by the Louisiana Code of Civil Procedure.24
C. If any insurance carrier intentionally, knowingly, or willfully violates any25
of the provisions of the Worker's Compensation Act, the insurance commissioner,26
on the request of a workers' compensation district court judge or the director, shall27
suspend or revoke the license or authority of such insurance carrier to do28
compensation business in this state.29 SB NO. 227
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* * *1
§1201.4. Forfeiture of benefits while incarcerated; exclusions; medical expenses2
A. Except as provided in Subsection B of this Section, the employee's right3
to compensation benefits, including medical expenses, is forfeited during any period4
of incarceration, unless a workers' compensation district court judge finds that an5
employee has dependents who rely on a compensation award for their support, in6
which case said compensation shall be made payable and transmitted to the legal7
guardian of the minor dependent or other person designated by the workers'8
compensation district court judge and such payments shall be considered as having9
been made to the employee. After release from incarceration, the employee's right10
to claim compensation benefits shall resume. An employee who is incarcerated but11
is later found to be not guilty of felony criminal charges or against whom all felony12
charges have been dismissed by the prosecutor shall have the prescriptive period for13
filing a claim for benefits under this Chapter extended by the number of days he was14
incarcerated.15
* * *16
§1208. Misrepresentations concerning benefit payments; penalty17
* * *18
D. In addition to the criminal penalties provided for in Subsection C of this19
Section, any person violating the provisions of this Section may be assessed civil20
penalties by the workers' compensation district court judge of not less than five21
hundred dollars nor more than five thousand dollars payable to the Kids Chance22
Scholarship Fund, Louisiana Bar Foundation, and may be ordered to make23
restitution. Restitution may only be ordered for benefits claimed or payments24
obtained through fraud and only up to the time the employer became aware of the25
fraudulent conduct.26
E. Any employee violating this Section shall, upon determination by workers'27
compensation district court judge, forfeit any right to compensation benefits under28
this Chapter.29 SB NO. 227
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* * *1
§1226. Rehabilitation of injured employees2
B. * * *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 employee shall have a right to an9
expedited summary proceeding pursuant to R.S. 23:1201.1(K)(8). The workers'10
compensation district court judge shall set a hearing date within three days of11
receiving the motion. The hearing shall be held not less than ten, nor more than12
thirty days, after the employer or payor receives notice, delivered by certified or13
registered mail, of the employee's motion. The workers' compensation district court14
judge shall provide notice of the hearing date to the employer and payor at the same15
time and in the same manner that notice of the hearing date is provided to the16
employee or his attorney. For the purposes of this Section, an employee shall not be17
required to submit the dispute on the issue of vocational services to mediation or go18
through a pretrial conference before obtaining a hearing. The hearing shall be19
conducted as a rule to show cause.20
* * *21
D. Prior to the workers' compensation district court judge adjudicating an22
injured employee to be permanently and totally disabled, the workers' compensation23
district court judge shall determine whether there is reasonable probability that,24
with appropriate training or education, the injured employee may be rehabilitated to25
the extent that such employee can achieve suitable gainful employment and whether26
it is in the best interest of such individual to undertake such training or education.27
E. When it appears that a retraining program is necessary and desirable to28
restore the injured employee to suitable gainful employment, the employee shall be29 SB NO. 227
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entitled to a reasonable and proper retraining program for a period not to exceed1
twenty-six weeks, which period may be extended for an additional period not to2
exceed twenty-six additional weeks if such extended period is determined to be3
necessary and proper by the workers' compensation district court judge. However,4
no employer or insurer shall be precluded from continuing such retraining beyond5
such period on a voluntary basis. An injured employee must request and begin6
retraining within two years from the date of the termination of temporary total7
disability as determined by the treating physician. If a retraining program requires8
residence at or near the facility or institution and away from the employee's9
customary residence, reasonable cost of board, lodging, or travel shall be borne by10
the employer or insurer. A retraining program shall be performed at facilities within11
the state when such facilities are available.12
* * *13
§1272. Approval of lump sum or compromise settlements by the workers'14
compensation district court judge15
A. A lump sum or compromise settlement entered into by the parties under16
R.S. 23:1271 shall be presented to the workers' compensation district court judge17
for approval through a petition signed by all parties and verified by the employee or18
his dependent, or by recitation of the terms of the settlement and acknowledgment19
by the parties in open court which is capable of being transcribed from the record of20
the proceeding.21
B. When the employee or his dependent is represented by counsel, and if22
attached to the petition presented to the workers' compensation district court judge23
are affidavits of the employee or his dependent and of his counsel certifying each one24
of the following items: (1) the attorney has explained the rights of the employee or25
dependent and the consequences of the settlement to him; and, (2) that such26
employee or dependent understands his rights and the consequences of entering into27
the settlement, then the workers' compensation district court judge shall approve the28
settlement by order, and the order shall not thereafter be set aside or modified except29 SB NO. 227
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for fraud or misrepresentation made by any party.1
C. When the employee or his dependent is not represented by counsel, the2
workers' compensation district court judge shall determine whether the employee3
or his dependent understands the terms and conditions of the proposed settlement,4
and shall approve it by order, unless he finds that it does not provide substantial5
justice to all parties, and the order shall not thereafter be set aside or modified except6
for fraud or misrepresentation made by any party.7
D. If a suit has been filed against a third party pursuant to the provisions of8
R.S. 23:1101, the district court hearing the third-party suit shall, in addition to a9
workers' compensation district court judge, have the authority to approve a lump10
sum or compromise settlement of the workers' compensation claim under the same11
conditions and terms set forth in this Section for approval of such settlements by a12
workers' compensation district court judge, and such authority shall include13
approval and establishment of the credit due the employer. The fees of the attorney14
representing the employee in the workers' compensation matter shall be approved by15
the district court judge.16
* * *17
§1274. Lump sum settlements; necessity for approval18
A. The amounts payable as compensation may be commuted to a lump sum19
settlement by agreement if approved by the workers' compensation district court20
judge as provided in this Part. In a lump sum settlement, the payments due the21
employee or his dependents shall not be discounted at a greater rate than eight22
percent per annum.23
B. If the lump sum settlement is made without the approval of the workers'24
compensation district court judge, or at a discount greater than eight percent per25
annum, even if approved by the director or the workers' compensation district court26
judge, the employer shall be liable for compensation at one and one-half times the27
rate fixed by this Chapter. At any time within two years after date of the payment28
of the lump sum settlement and notwithstanding any other provision of this Chapter,29 SB NO. 227
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the claimant shall be entitled to demand and receive in a lump sum from the1
employer such additional payment as together with the amount already paid, will2
aggregate one and one-half times the compensation which would have been due but3
for such lump sum settlement.4
C. Upon payment of a lump sum settlement commuted on a term agreed5
upon by the parties, approved by the workers' compensation district court judge,6
and discounted at not more than eight percent per annum, the liability of the7
employer or his insurer making the payment shall be fully satisfied.8
D. For the settlement of compensation claims as provided in R.S. 23:12319
through 1236 the following procedure shall be followed. The claimant must present10
to the employer an affidavit of death of the employee, proper proof of the claimant's11
relationship to the deceased and his legal right to the compensation benefits. Such12
documentation shall be affixed to the joint petition and submitted to the workers'13
compensation district court judge for approval as hereinabove provided.14
* * *15
§1293. Confidentiality of records; exceptions; penalties for violation16
A.(1) All medical records of an employee, all records of payment of17
compensation to an employee or his dependent, all records with respect to the18
rehabilitation or attempted rehabilitation of an injured employee, all employer19
reports of injury as required by R.S. 23:1306, all claims by an employee or his20
dependent filed pursuant to R.S. 23:1310, records submitted to the Louisiana21
Workers' Compensation Second Injury Board concerning claims for reimbursement22
arising out of a claim by an employee or his dependent filed pursuant to Chapter 1023
of this Title, including but not limited to any and all records submitted for requests24
for reimbursement, documents maintained in the claim files regarding25
reimbursement and settlement requests, and all records submitted pursuant to R.S.26
23:1378(A)(5), all safety plans pursuant to R.S. 23:1291(B)(4), all safety records of27
the OSHA section obtained in connection with the Insurance Cost Containment Act28
or the OSHA 7(c)(1) program, and all data produced pursuant to R.S. 23:1291.2,29 SB NO. 227
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shall be confidential and privileged, shall not be public records, and shall not be1
subject to subpoena, except that records of the office may be produced in response2
to an order of a workers' compensation district court judge based upon his finding3
that the record is relevant and necessary to the resolution of a disputed claim pending4
before the office. Such confidentiality and privilege shall be strictly maintained by5
the director and all employees of the office except as provided above or in6
Subsection B of this Section and shall be used exclusively for the purpose of7
discharging the duties and responsibilities of the office under this Chapter.8
* * *9
B.(1) Notwithstanding the provisions of Subsection A of this Section, once10
in a disputed claim an employer begins to pay benefits to an employee under this11
Chapter or a claim is made by an employee against an employer for benefits under12
this Chapter, pleadings, motions, discovery documents, depositions, hearing13
transcripts, and exhibits entered into evidence in any dispute involving the same14
claimant or any records of the office involving prior benefits paid by an employer15
to the same claimant shall be available to the employer, the employee, and their16
counsel upon simple request. Any decision, award, or order of a workers'17
compensation district court judge is a public record and may be compiled and18
disseminated to the public. The complete record of any formal hearing shall be made19
available to the court of appeal when an appeal is filed.20
* * *21
SUBPART B. CLAIM RESOLUTION22
§1310. Initial filing of claim with office of for workers' compensation23
administration24
A. If, Beginning January 1, 2015, if at any time after notification to the25
office of the occurrence of death, which happened on or after January 1, 2015, or26
injury resulting, which happened on or after January 1, 2015, and which lasted27
in excess of seven days lost time, a bona fide dispute occurs, the employee or his28
dependent or the employer or insurer may file a claim with the state office, or the29 SB NO. 227
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words in boldface type and underscored are additions.
district office where the hearing will be held on a form to be provided by the director1
district court.2
B. In addition to any other information required by the director, the The3
claim shall set forth the time, place, nature, and cause of the injury, the benefit in4
dispute, and the employee's actual earnings, if any, at the time of the filing of the5
claim with the office.6
* * *7
§1310.2. Duties of director8
A. The chief administrative officer to assist the workers' compensation judges9
shall be the director of the office of workers' compensation administration, who shall10
be subject to the general administrative authority of the executive director.11
* * *12
§1310.15. Employer's records and books; subject to inspection; self-incriminating13
evidence14
All books, records, and payrolls of the employers showing or reflecting in15
any way upon the amount of wage expenditures of such employers shall always be16
open for inspection by the director or any other authorized auditor, accountant, or17
inspector for the purpose of ascertaining the correctness of the wage expenditure and18
number of men employed and such other information as may be necessary for the19
purposes and uses of the director in the administration of the Workers' Compensation20
Act. No person shall be excused from testifying or from producing any book, record,21
or payroll in any investigation or inquiry, by or upon any hearing before the workers'22
compensation district court judge, when ordered to do so by the workers'23
compensation district court judge, upon the ground that the testimony, payroll, or24
other competent evidence required of him may tend to incriminate him or subject25
him to penalty or forfeiture; but no person shall be prosecuted, punished, or26
subjected to any penalty or forfeiture for or on account of any act, transaction,27
matter, or thing concerning which he shall have under oath, by order of the workers'28
compensation district court judge, testified to or produced documentary evidence29 SB NO. 227
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words in boldface type and underscored are additions.
of, provided however, that no person so testifying shall be exempt from prosecution1
or punishment for any perjury committed by him in his testimony.2
* * *3
§1314. Necessary allegations; dismissal of premature petition; dispute of benefits4
* * *5
B. The petition shall be dismissed when the allegations in Subsection (A) of6
this Section are denied by the employer and are shown at a time fixed by the7
workers' compensation district court judge to be without reasonable cause or8
foundation in fact.9
C. The workers' compensation district court judge shall determine whether10
the petition is premature and must be dismissed before proceeding with the hearing11
of the other issues involved with the claim.12
* * *13
§1316. Answer, failure to file; judgment by default14
If a defendant in the principal or incidental demand fails to answer within the15
time prescribed by law or the time extended by the workers' compensation district16
court judge, and upon proof of proper service having been made, judgment by17
default may be entered against him. The judgment shall be obtained by written18
motion.19
* * *20
§1317. Hearing on the merits; rules of procedure; effect of judgment; costs; fees of21
medical witnesses22
A. If an answer has been filed within the delays allowed by law or granted23
by the workers' compensation district court judge, or if no judgment has been24
entered as provided in R.S. 23:1316 at the time for hearing or any adjournment25
thereof, the workers' compensation district court judge shall hear the evidence that26
may be presented by each party. Each party shall have the right to be present at any27
hearing or to appear through an attorney. The workers' compensation district court28
judge shall not be bound by technical rules of evidence or procedure other than as29 SB NO. 227
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words in boldface type and underscored are additions.
herein provided, but all findings of fact must be based upon competent evidence and1
all compensation payments provided for in this Chapter shall mean and be defined2
to be for only such injuries as are proven by competent evidence, or for which there3
are or have been objective conditions or symptoms proven, not within the physical4
or mental control of the injured employee himself. The workers' compensation5
district court judge shall decide the merits of the controversy as equitably,6
summarily, and simply as may be.7
B. Costs may be awarded by the workers' compensation district court judge,8
in his discretion, and when so awarded the same may be allowed, taxed, and9
collected as in other civil proceedings. The fees of expert witnesses shall be10
reasonable and fixed in the original judgment. The judgment rendered shall have the11
same force and effect and may be satisfied as a judgment of a district court.12
* * *13
§1317.1. Independent medical examinations14
* * *15
E. When the independent medical examiner's report is presented within thirty16
days as provided in this Section:17
(1) The examiner shall be protected from subpoena except for a single trial18
deposition. However, upon a proper motion for cause, the workers' compensation19
district court judge may order further discovery of the independent medical20
examiner as deemed appropriate.21
(2) Except to schedule the deposition or further discovery as described above,22
the office of the independent medical examiner shall not be contacted regarding the23
claimant by any party, attorney, or agent.24
F. Objections to the independent medical examination shall be made on form25
LDOL-WC-1008, and shall be set for hearing before a workers' compensation26
district court judge within thirty days of receipt. No mediation shall be scheduled27
on disputes arising under this Section.28
* * *29 SB NO. 227
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§1361. Unlawful discrimination prohibited1
* * *2
E. Any party found by a workers' compensation judge or a court of competent3
jurisdiction to have brought a frivolous claim under this Section shall be held4
responsible for reasonable damages incurred as a result of this claim, including5
reasonable attorney's fees and court costs.6
Section 2. R.S. 23:1310.1, 1310.2(B) and (C), 1310.3, 1310.4, 1310.5, 1310.6,7
1310.7, 1310.8, 1310.9, 1310.10, 1310.11, 1310.13, 1311, are hereby repealed.8
Section 3. It is the intent of the legislature that the district courts shall have original9
jurisdiction regarding workers' compensation claims. To that end, the transfer of workers'10
compensation claims from the office of workers' compensation to the appropriate district11
court on the effective date of this Act shall be accomplished with the least possible12
disruption of services and the least possible expenditure of public funds. The officials and13
employees participating in the effectuation of the transfers required by this Act shall be14
charged with the responsibility for carrying out this intent.15
Section 4. This Act shall become effective on January 1, 2015.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Murray (SB 227)
Present law provides that original jurisdiction for workers' compensation claims shall be the
office of workers' compensation, within the Louisiana Workforce Commission.
Proposed law repeals present law and provides that original jurisdiction for workers'
compensation claims shall be the district courts.
Present law provides that if at any time after notification to the office of the occurrence of
death or injury resulting in excess of seven days lost time, a bona fide dispute occurs, the
employee or his dependent or the employer or insurer may file a claim with the office of
workers' compensation where the hearing will be held on a form to be provided by the
director of the office of workers' compensation.
Proposed law provides that beginning January 1, 2015, if a death or injury which lasts longer
than seven work days and a bona fide dispute occurs, the employee or his dependent or the
employer or insurer may file a claim with the district court so long as the accident or injury
occurred on or after January 1, 2015.
Present law provides workers' compensation judges, employed by the office of workers'
compensation, shall adjudicate workers' compensation claims. SB NO. 227
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words in boldface type and underscored are additions.
Proposed law repeals present law and provides that district court judges shall adjudicate
workers' compensation claims.
Effective January 1, 2015.
(Amends R.S. 23:1102(A)(2), 1103(A)(3), 1121(B)(1), 1141(A), 1143(A) and (B)(1),
1171(B), 1171.1(C)(1), (C)(2)(intro para), (4), and(D)(1), 1201(F)(1), 1201.1(I)(2), (J)(1),
(3), and (4), and (K)(1)-(4), (6), (8)(a)(intro para), and (8)(b), (c), and (d), 1201.3(A)-(C),
1201.4(A), 1208(D) and (E), 1226 (B)(3)(a), (D), and (E), 1272(A)-(D), 1274, 1293(A)(1)
and (B)(1), 1310, 1310.2(A), 1310.15, 1314(B) and (C), 1316, 1317, 1317.1 (E) and (F) and
1361(E); repeals R.S. 23:1310.1, 1310.2(B) and (C), 1310.3, 1310.4, 1310.5, 1310.6, 1310.7,
1310.8, 1310.9, 1310.10, 1310.11, 1310.13, 1311)