RÉSUMÉ DIGEST
ACT 345 (SB 88) 2019 Regular Session Luneau
Prior law provided that a medical treatment schedule is to be used in the medical care,
services, and treatment in workers' compensation matters.
Prior law provided 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.
Prior law provided that deviations from the medical treatment schedule may be approved by
the medical director or associate medical director of the office of workers' compensation.
Prior law further provided 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. Prior law further provided 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 prior law.
New law retains prior 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))