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 478 Original 2021 Regular Session Stagni
Abstract: Provides relative to additional medical opinions for worker's compensation claims.
Present law provides that if any dispute arises as to the condition of an employee, or the employee's
capacity to work, the assistant secretary, upon application of any party, shall order an additional
medical opinion and select and appoint a medical practitioner to perform an examination on the
employee.
Present law provides that the medical examiner shall report his conclusions to the assistant secretary
and to the parties and the report shall be prima facie evidence of the facts.
Proposed law provides that before a disputed claim for compensation is filed, any party may file with
his local worker's compensation district office, an application requesting an additional medical
opinion. Proposed law further provides that the local worker's compensation district office shall
select and appoint the physician to perform an examination on the employee.
Proposed law provides that after a disputed claim for compensation is filed, any party may file with
a worker's compensation judge a request for an additional medical opinion. Proposed law further
provides that the worker's compensation judge shall select and appoint a physician to perform an
examination on the employee.
Proposed law provides that the worker's compensation judge may do any of the following when a
party has file a request for an additional medical opinion:
(1)Grant the request if made at the scheduling conference.
(2)Deny the request if made after that time except for good cause shown or if it is found to be
in the best interest of justice to order the examination.
(3)On his own motion, order any claimant appearing before him to be examined by another
physician.
Proposed law provides that if both parties agree on a physician to conduct the additional medical
examination, the parties may present the choice to the appropriate office or to the judge and that
physician will be selected to conduct the examination.
Proposed law provides that the physician conducting the exam shall report his conclusions to the appropriate office or to the judge.
Proposed law provides that neither the claimant nor the respondent in a hearing before the worker's
compensation judge shall be permitted to introduce the testimony of more than two physicians where
the evidence of any additional physician would be cumulative.
Present law provides that neither the claimant nor the respondent in a hearing before the workers'
compensation judge shall be permitted to introduce the testimony of more than two physicians where
the evidence of any additional physician would be cumulative. Present law further provides the
hearing officer, on his own motion, may order that any claimant appearing before it be examined by
other physicians.
Proposed law repeals present law.
(Amends R.S. 23:1123 and 1317.1; Repeals R.S. 23:1124.1)