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0 chapters · 721 sections in this title.
La. Rev. Stat. § 23:1171 Appeal of the decision of the workers' compensation judge
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§1171. Appeal of the decision of the workers' compensation judge An employer may appeal the decision of the workers' compensation judge in the manner provided in R.S. 23:1310.5(B) for appealing decisions regarding disputed claims. Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1…
La. Rev. Stat. § 23:1171.1 Discontinuance of business; injunction; procedure
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§1171.1. Discontinuance of business; injunction; procedure A. The assistant secretary, or his designee, shall investigate an employer if he receives information from any person or entity that such employer has failed to provide security for compensation as required by R.S. 23:116…
La. Rev. Stat. § 23:1171.2 Default of employer; additional liability
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§1171.2. Default of employer; additional liability The amount of weekly compensation provided in this Chapter shall be increased by fifty percent in any case where the employer has failed to provide security for compensation as required by R.S. 23:1168. Acts 1995, No. 368, §1, ef…
La. Rev. Stat. § 23:1172 Criminal penalties
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§1172. Criminal penalties A. Any employer who willfully fails to provide security for compensation required by R.S. 23:1168 shall be subject to a fine of up to two hundred fifty dollars per day that the employer willfully failed to provide security for compensation or imprisonmen…
La. Rev. Stat. § 23:1172.1 Willful misrepresentation by employer; aiding or abetting; criminal penalties; civil
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§1172.1. Willful misrepresentation by employer; aiding or abetting; criminal penalties; civil immunity A. It shall be unlawful for any employer in writing to willfully misrepresent to any person that he has provided or provides security for compensation as required by R.S. 23:116…
La. Rev. Stat. § 23:1172.2 Unlawful practices
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§1172.2. Unlawful practices A. It shall be unlawful for any person to knowingly make any false, fraudulent, or misleading oral or written statement, or to knowingly omit or conceal material information for the purpose of obtaining workers' compensation coverage, or for the purpos…
La. Rev. Stat. § 23:1172.3 Collection of payments of workers' compensation premiums prohibited; premium
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§1172.3. Collection of payments of workers' compensation premiums prohibited; premium audits A. An insurer shall not collect a payment of workers' compensation premiums from an insured arising out of a premium audit, unless the insurer provides written notice to the insured withi…
La. Rev. Stat. § 23:1173 Rules and regulations
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§1173. Rules and regulations A. The secretary shall have the authority to promulgate rules and regulations to implement the provisions of R.S. 23:1170 and 1171. B. All such rules and regulations, including all fees otherwise authorized by this Part shall be subject to legislative…
La. Rev. Stat. § 23:1174 Certificate of compliance
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§1174. Certificate of compliance Whenever a certificate of compliance is properly applied for with the office of worker's compensation, that office shall respond by issuing a certificate of authority without a charge or by rejecting the application within ten days of receipt of t…
La. Rev. Stat. § 23:1174.1 Workers' compensation programs; ability to contract
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§1174.1. Workers' compensation programs; ability to contract A.(1) No person, partnership, corporation, or other entity shall establish any unreasonable criteria, policies, or procedures designed to discriminate against a contractor or subcontractor based upon the contractor's or…
La. Rev. Stat. § 23:1175 Short title; legislative intent
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§1175. Short title; legislative intent A. This Subpart shall be known and may be cited as the "Workers' Compensation Cost Containment Act". B. It is hereby declared to be the intent of the legislature that occupational accidents produce economic and social loss, impair productivi…
La. Rev. Stat. § 23:1176 Definitions
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§1176. Definitions As used in this Subpart, unless the context clearly indicates otherwise, the following terms shall be given the meaning ascribed to them in this Section: (1) "Designated representative" is a person in a position of authority within the company he represents, su…
La. Rev. Stat. § 23:1177 Collection of information; target list
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§1177. Collection of information; target list A. The office of worker's compensation shall have access to any statistical information involving the experience modifier rates for all Louisiana employers from any source. B. The office shall collect information on experience modifie…
La. Rev. Stat. § 23:1178 Cost containment meeting; incentive discount
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§1178. Cost containment meeting; incentive discount A. The office shall develop and implement informational cost containment meetings for all employers on the target list compiled pursuant to R.S. 23:1177 that shall, at a minimum: (1) Educate employers on how the experience modif…
La. Rev. Stat. § 23:1179 Occupational safety and health program; incentive discount
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§1179. Occupational safety and health program; incentive discount A. The OSHA section shall implement an occupational safety and health program, pursuant to R.S. 23:1291, and consistent with but not limited to the requirements in this Section. B. All insurers writing workers' com…
La. Rev. Stat. § 23:1180 Evaluation
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§1180. Evaluation A. The Worker's Compensation Advisory Council shall evaluate the quality of the cost containment meeting prior to its initial implementation and thereafter annually reevaluate the program. B. The office shall prepare and submit a status report on the progress of…
La. Rev. Stat. § 23:1181 Insured experience information
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§1181. Insured experience information A. Every insurance company, individual self-insurer, group self-insurer association, or similar entity which provides workers' compensation insurance coverage or which provides for payment of workers' compensation benefits under the provision…
La. Rev. Stat. § 23:1191 Definitions
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§1191. Definitions For the purposes of this Subpart, the following terms have the following meaning: (1) "Department" means the Louisiana Department of Insurance. (2) "Public entities" means political subdivisions as defined in Section 44 of Article VI of the Constitution of Loui…
La. Rev. Stat. § 23:1195 Authorization; trade or professional association; initial financial requirements
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§1195. Authorization; trade or professional association; initial financial requirements A.(1) Any five or more Louisiana employers who are not public entities, each of whom has a positive net worth, is financially solvent, and is capable of assuming the obligations set forth unde…
La. Rev. Stat. § 23:1196 Requirements; excess insurance; administrative and service companies; status; liability; refunds
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§1196. Requirements; excess insurance; administrative and service companies; status; liability; refunds A. Each fund established pursuant to R.S. 23:1195 shall: (1) File rates in accordance with R.S. 23:1199 and maintain at least five hundred thousand dollars in earned premium in…
La. Rev. Stat. § 23:1196.1 Investments
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§1196.1. Investments A. No security or other investment shall be eligible for purchase or acquisition by a fund unless it is interest-bearing or interest-accruing or dividend- or income-paying, is not then in default in any respect, and the fund is entitled to receive for its exc…
La. Rev. Stat. § 23:1197 Authority of Department of Insurance
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§1197. Authority of Department of Insurance A. No fund shall become operative until issued a certificate of authority by the department. B. The certificate of authority shall be continuous until revoked or suspended by the department, or until it is voluntarily surrendered by the…
La. Rev. Stat. § 23:1198 Licensing of agents; claims against insurance agents
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§1198. Licensing of agents; claims against insurance agents A. Any person soliciting membership for a fund shall be licensed by the department as a property and casualty agent. No employees of a bona fide trade or professional association which has established a fund or employees…
La. Rev. Stat. § 23:1199 Rates
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§1199. Rates Each fund shall file rates on an actuarially justified class code basis with the department and may use the rates ninety days after filing, unless the department disapproves the use of rates within the ninety-day period. Acts 1995, No. 703, §1, eff. June 21, 1995.
La. Rev. Stat. § 23:12 Electronic digitized records
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§12. Electronic digitized records A. The department may utilize an electronic digitizing process capable of reproducing an unalterable image of the original source document for recordation, filing, processing, and preservation of any records, forms, information, statements, trans…
La. Rev. Stat. § 23:1200 Review of rate determination
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§1200. Review of rate determination Any fund shall provide a reasonable procedure for any member aggrieved by the fund to request in written form a review of the application of the rating system for the coverage afforded by the fund. The fund shall have thirty days from receipt t…
La. Rev. Stat. § 23:1200.1 Rules and regulations
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§1200.1. Rules and regulations The department may issue rules and regulations which establish the duties of a board of trustees, set forth the standards and authority of the department under which funds may be deemed to be in hazardous financial condition, prohibit potential conf…
La. Rev. Stat. § 23:1200.10 Group self-insurance fund's right to contest expense
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§1200.10. Group self-insurance fund's right to contest expense If the group self-insurance fund deems the amount of expenses billed to it unreasonable or contrary to the provisions of this Subpart, it may within fifteen days after the receipt of such billing, file a rule in a cou…
La. Rev. Stat. § 23:1200.11 Failure to pay expenses; penalty
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§1200.11. Failure to pay expenses; penalty If any group self-insurance fund fails or refuses to pay the expenses of examination as billed by the commissioner of insurance after fifteen days upon receipt of such billing or after final judgment where a rule has been filed as provid…
La. Rev. Stat. § 23:1200.12 Scope of examination
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§1200.12. Scope of examination In conducting such an examination, the commissioner of insurance shall examine the affairs, transactions, accounts, records, documents and assets of each authorized group self-insurance fund. For the purpose of ascertaining its condition or complian…
La. Rev. Stat. § 23:1200.13 Production of books and records
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§1200.13. Production of books and records Every group self-insurance fund being examined, its officers, trustees, employees, administrators and representatives, shall produce and make freely accessible to the commissioner of insurance the accounts, records, documents and files in…
La. Rev. Stat. § 23:1200.14 Power to examine under oath; subpoena witnesses
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§1200.14. Power to examine under oath; subpoena witnesses The commissioner of insurance may take depositions, subpoena witnesses or documentary evidence, administer oaths and examine under oath any individual relative to the affairs of any group self-insurance fund being examined…
La. Rev. Stat. § 23:1200.15 Commissioner of insurance authorized to employ investigators
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§1200.15. Commissioner of insurance authorized to employ investigators The commissioner of insurance shall have authority to employ investigators to investigate complaints received against group self-insurance funds authorized to do business in this state and against any unauthor…
La. Rev. Stat. § 23:1200.16 Disclosure
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§1200.16. Disclosure A. It shall be unlawful for any person who is an officer, trustee, employee, administrator, agent, or representative of a group self-insurance fund; or any person, partnership, corporation, banking corporation, or any other legal entity which performs any ser…
La. Rev. Stat. § 23:1200.17 Departmental complaint directives; failure to comply; fines; hearing
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§1200.17. Departmental complaint directives; failure to comply; fines; hearing A. Any person subject to the regulatory authority of this department who fails to comply with any directive issued by the commissioner in connection with a consumer complaint shall be fined an amount n…
La. Rev. Stat. § 23:1200.2 Prohibited activities and sanctions; duties of group self-insurance funds and others; civil immunity; definitions
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§1200.2. Prohibited activities and sanctions; duties of group self-insurance funds and others; civil immunity; definitions A. Any person who, with the intent to injure, defraud, or deceive any group self-insurance fund, or any member employer, or other party in interest, or any t…
La. Rev. Stat. § 23:1200.3 Exclusive use of expirations
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§1200.3. Exclusive use of expirations A.(1) Except as otherwise provided herein, for purposes of soliciting, selling, or negotiating the renewal or sale of group self-insurance coverage, products, or insurance services, an insurance agent or insurance broker shall have the exclus…
La. Rev. Stat. § 23:1200.4 Consecutive net losses
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§1200.4. Consecutive net losses A fund with three years of consecutive net losses on the audited financial statements of the fund, or two years of consecutive net losses on the audited financial statements of the fund in excess of five hundred thousand dollars or five percent of …
La. Rev. Stat. § 23:1200.5 Insolvencies
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§1200.5. Insolvencies A. In the event a fund is insolvent, then in addition to any other provision of law or regulation, the department shall require that the fund file in writing within sixty days a plan signed by the board of trustees. For purposes of this Subpart, an insolvenc…
La. Rev. Stat. § 23:1200.6 Examination of group self-insurance fund for workers' compensation program
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§1200.6. Examination of group self-insurance fund for workers' compensation program A. The commissioner of insurance shall make an examination, not less frequently than once every five years, of all group self-insurance funds established pursuant to this Subpart doing business in…
La. Rev. Stat. § 23:1200.7 Examination reports
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§1200.7. Examination reports A. All examination reports shall be comprised only of facts appearing upon the books, records, or other documents of the group self-insurance fund or as ascertained from the testimony of its officers or agents or other persons examined concerning its …
La. Rev. Stat. § 23:1200.8 Review and examination expense; how paid
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§1200.8. Review and examination expense; how paid A. Whenever the commissioner of insurance makes an examination or investigation pursuant to this Subpart, all expenses incurred by the commissioner of insurance in conducting such examination or investigation, including the expens…
La. Rev. Stat. § 23:1200.9 Authority to employ examiners and other assistants
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§1200.9. Authority to employ examiners and other assistants A. The commissioner of insurance shall employ such examiners, auditors, accountants, actuaries, attorneys, and clerical or other assistants as are necessary to conduct the examination and to compile and prepare a report …
La. Rev. Stat. § 23:1201 Time and place of payment; failure to pay timely; failure to authorize; penalties and
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§1201. Time and place of payment; failure to pay timely; failure to authorize; penalties and attorney fees A.(1) Payments of compensation under this Chapter shall be paid as near as may be possible, at the same time and place as wages were payable to the employee before the accid…
La. Rev. Stat. § 23:1201.1 Controversion of compensation and medical benefits
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§1201.1. Controversion of compensation and medical benefits A. Upon the first payment of compensation or upon any modification, suspension, termination, or controversion of compensation or medical benefits for any reason, including but not limited to issues of medical causation, …
La. Rev. Stat. § 23:1201.3 Failure to pay compensation; judgment and execution; interest; revocation
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§1201.3. Failure to pay compensation; judgment and execution; interest; revocation or suspension of insurer's license A. If payment of compensation or an installment payment of compensation due under the terms of an award, except in case of appeals from an award, is not made with…
La. Rev. Stat. § 23:1201.4 Forfeiture of benefits while incarcerated; exclusions; medical expenses
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§1201.4. Forfeiture of benefits while incarcerated; exclusions; medical expenses A. Except as provided in Subsection B of this Section, the employee's right to compensation benefits, including medical expenses, is forfeited during any period of incarceration, unless a workers' co…
La. Rev. Stat. § 23:1202 Maximum and minimum amounts payable
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§1202. Maximum and minimum amounts payable A.(1) The maximum compensation to be paid under this Chapter for injuries occurring on or after September 1, 1975, and on or before August 31, 1976, shall be eighty-five dollars per week and a minimum compensation shall be twenty-five do…
La. Rev. Stat. § 23:1203 Duty to furnish medical and vocational rehabilitation expenses; prosthetic devices;
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§1203. Duty to furnish medical and vocational rehabilitation expenses; prosthetic devices; other expenses A. In every case coming under this Chapter, the employer shall furnish all necessary drugs, supplies, hospital care and services, medical and surgical treatment, and any nonm…
La. Rev. Stat. § 23:1203.1 Definitions; medical treatment schedule; medical advisory council
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§1203.1. Definitions; medical treatment schedule; medical advisory council A. For use in this Section, the following terms have the following meanings, unless clearly indicated otherwise by the context: (1) "Assistant secretary" means an assistant secretary of Louisiana Works res…
