Title 23, Labor and Worker's Compensation
0 chapters · 872 sections in this title.
La. Rev. Stat. § 23:1168 Ways of securing compensation to employees
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§1168. Ways of securing compensation to employees A. An employer shall secure compensation to his employees in one of the following ways: (1) By insuring and keeping insured the payment of such compensation with any stock corporation, mutual association, or other concern authoriz…
La. Rev. Stat. § 23:1168.1 Self-insurance
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§1168.1. Self-insurance A.(1) Notwithstanding the provisions of R.S. 23:1168(A)(5)(a), an insurer with an A.M. Best rating of A-minus or better providing excess workers' compensation coverage to more than one employer shall be entitled to satisfy all of the initial and renewal ce…
La. Rev. Stat. § 23:1168.10 Appeal of a decision of the assistant secretary
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§1168.10. Appeal of a decision of the assistant secretary In the event the assistant secretary provides for pro rata distribution of security proceeds to injured employees or issues an order or decision which may be adverse to an injured employee who has a claim, he may within si…
La. Rev. Stat. § 23:1168.11 Confidentiality of certain proceedings and records; immunity of certain staff
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§1168.11. Confidentiality of certain proceedings and records; immunity of certain staff A. Notwithstanding any other provision of law, all proceedings, hearings, notices, correspondence, reports, and other information in the possession of the assistant secretary or the office rel…
La. Rev. Stat. § 23:1168.12 Cooperation of officers, owners, and employees; civil penalties
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§1168.12. Cooperation of officers, owners, and employees; civil penalties A. Any officer, manager, director, trustee, owner, employee, or agent of any self-insured employer, or any other persons with authority over or in charge of any segment of the employer's affairs, shall coop…
La. Rev. Stat. § 23:1168.3 Grounds for default; forfeiture of security; records of claims
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§1168.3. Grounds for default; forfeiture of security; records of claims A. For purposes of this Section, "default" shall mean whenever a self-insured employer: (1) Fails to pay benefits owed under this Chapter to an injured worker for undisputed claims and the employer is in bank…
La. Rev. Stat. § 23:1168.4 Duties of the assistant secretary
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§1168.4. Duties of the assistant secretary A. Upon the default of any self-insured employer, the assistant secretary shall deposit the proceeds from the security or the bond into an interest-bearing account. The interest derived therefrom shall be used to offset the administratio…
La. Rev. Stat. § 23:1168.5 Deposit of monies collected
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§1168.5. Deposit of monies collected The monies collected by the assistant secretary shall be deposited in one or more state or national banks, savings banks, trust companies, or savings and loan associations chartered to do business in this state. Any depository so selected shal…
La. Rev. Stat. § 23:1168.6 Appointment of assistants
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§1168.6. Appointment of assistants A. The assistant secretary shall have the power to contract with or employ such clerks or assistants as may by him be deemed necessary and to give each such powers to assist him as he may consider wise. B. The assistant secretary may contract wi…
La. Rev. Stat. § 23:1168.7 Priority of claims
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§1168.7. Priority of claims The priorities of distribution of the security shall be as follows: (1) Claims by injured employees of the self-insured employer. (2) The assistant secretary's costs and expenses of administration and any claims handling expenses. (3) All other claims.…
La. Rev. Stat. § 23:1168.8 Time to file claims
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§1168.8. Time to file claims A. Upon the default of a self-insured employer, the assistant secretary r shall notify all persons who may have claims against such employer and who have not filed proper proofs thereof, to present the same to him, at a place specified in such notice,…
La. Rev. Stat. § 23:1168.9 Proof and allowance of claims
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§1168.9. Proof and allowance of claims A proof of claim shall consist of a statement under oath, in writing, and signed by the injured employee or his representative, setting forth the claim, whether any payments have been made on the claim and that the sum claimed is justly owed…
La. Rev. Stat. § 23:1169 Failure of employer to secure payment; power of secretary
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§1169. Failure of employer to secure payment; power of secretary Failure on the part of any employer to secure the payment of compensation provided in the Worker's Compensation Act shall have the effect of enabling the secretary, or his designee, to proceed against the employer, …
La. Rev. Stat. § 23:1170 Penalty for failure to secure workers' compensation insurance; assessment and
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§1170. Penalty for failure to secure workers' compensation insurance; assessment and collection A. In addition to any other penalty prescribed by law, any employer who fails to secure compensation required by R.S. 23:1168 shall be liable for a civil penalty, to be assessed by the…
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. § 23:1182 Repealed by Acts 1995, No
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§1182. Repealed by Acts 1995, No. 349, §2, eff. June 16, 1995.
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. § 23:1192 Repealed by Acts 1995, No
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§1192. Repealed by Acts 1995, No. 703, §2, eff. June 21, 1995.
La. Rev. Stat. § 23:1193 Repealed by Acts 1995, No
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§1193. Repealed by Acts 1995, No. 703, §2, eff. June 21, 1995.
La. Rev. Stat. § 23:1194 Repealed by Acts 1995, No
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§1194. Repealed by Acts 1995, No. 703, §2, eff. June 21, 1995.
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…