HLS 20RS-151 REENGROSSED
2020 Regular Session
HOUSE BILL NO. 218
BY REPRESENTATIVE FRIEMAN
WORKERS COMPENSATION: Provides relative to requests made for medical
examinations
1 AN ACT
2To amend and reenact R.S. 23:1317.1(A), relative to workers' compensation; to provide for
3 requests for medical examinations; to prohibit the cancellation of a request for
4 medical examinations under certain circumstances; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 23:1317.1(A) is hereby amended and reenacted to read as follows:
8 ยง1317.1. Additional medical opinion regarding medical examinations
9 A. Any party wishing to request an additional medical opinion regarding a
10 medical examination of the claimant pursuant to R.S. 23:1123 and 1124.1 shall be
11 required to make its request at or prior to the pretrial scheduling conference. If the
12 request is made for a medical examination of the claimant pursuant to R.S. 23:1123
13 at or prior to the scheduling conference, the request shall not be cancelled by the
14 workers' compensation judge unless the objecting party, pursuant to Subsection F of
15 this Section, proves by clear and convincing evidence that the criteria for a medical
16 examination pursuant to R.S. 23:1123 have not been met. Requests for additional
17 medical opinions regarding medical examinations made after that time shall be
18 denied except for good cause or if it is found to be in the best interest of justice to
19 order such examination.
20 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-151 REENGROSSED
HB NO. 218
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)]
HB 218 Reengrossed 2020 Regular Session Frieman
Abstract: Provides that a request made for a medical examination at or prior to a
scheduling conference for a workers' compensation claim cannot be cancelled unless
provided by the exception.
Present law provides that any party wishing to request an additional medical opinion for a
medical examination is required to make such a request at or prior to the pretrial conference.
However, requests for additional medical opinions made after such a time shall be denied
except for good cause or if in the best interest of justice.
Proposed law provides that if a request for a medical examination is made at or prior to the
scheduling conference, the medical examination cannot be cancelled by the workers'
compensation judge unless the objecting party proves by clear and convincing evidence that
the present law (R.S. 23:1123) criteria for a medical examination have not been met.
(Amends R.S. 23:1317.1(A))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Clarify that a request for an additional medical opinion regarding a medical
examination shall be made at the scheduling conference, not the pretrial
conference.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.