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 597 Reengrossed 2020 Regular Session Nelson
Abstract: Eliminates the presumption of causation established by lack of prior history of an injury.
Proposed law provides that for a personal injury claim that is not raised pursuant to the La. Workers'
Compensation Law, the lack of a prior history of an illness or injury shall not create a presumption
that an illness or injury was caused by the act that is the subject of the claim.
Proposed law applies prospectively to causes of action filed on or after the effective date of the Act.
(Adds C.C. Art. 2315.11)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Remove the word "medical" from the phrase "prior medical history".
2. Remove provisions relative to evidence of the force of impact.
3. Remove provisions relative to evidence of amounts received by a testifying healthcare
provider.
4. Remove provisions relative to evidence of the failure to wear a safety belt.
The House Floor Amendments to the engrossed bill:
1. Provide for prospective application.