RDCSB88 3942 2813
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)]
SB 88 Engrossed 2019 Regular Session Luneau
Present law provides that a medical treatment schedule is to be used in the medical care,
services, and treatment in workers' compensation matters.
Present law provides that the medical treatment schedule shall be based upon guidelines
which do all of the following:
(1)Rely on specified, comprehensive, and ongoing systematic medical literature review.
(2)Contain published criteria for rating studies and for determining the overall strength
of the medical evidence.
(3)Are current and the most recent version produced.
(4)Are interdisciplinary and address the frequency, duration, intensity, and
appropriateness of treatment modalities for all disciplines commonly involved in the
care, services, or treatment provided to injured workers.
(5)Are adopted by rule or statute.
Present law provides that deviations from the medical treatment schedule may be approved
by the medical director or associate medical director of the office of workers' compensation.
Present law further provides that any party may appeal the decision of the medical director
or associate medical director by filing a "Disputed Claim for Compensation" form provided
by the La. Workforce Commission. Present law further provides that the appeal will be
heard by a workers' compensation judge and the decision may be overturned when it is
shown, by clear and convincing evidence, that the decision of the medical director or
associate medical director was not in accordance with the provisions of the medical
treatment schedule as set forth in present law.
Proposed law retains present law but provides that the appeal of the decision by the medical
director or associate medical director must be made within 45 days of the date of the
issuance of the decision.
Effective August 1, 2019.
(Amends R.S. 23:1203.1(K))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the engrossed bill:
1. Change the number of days for an appeal to be made on a decision rendered by
the medical director or associate medical director from 30 days to 45 days of the
issuance of the decision.
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