Title 23, Labor and Worker's Compensation
0 chapters · 872 sections in this title.
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. § 23:1201.2 Repealed by Acts 2003, No
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§1201.2. Repealed by Acts 2003, No. 1204, §2.
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…
La. Rev. Stat. § 23:1203.1.1 Medical director and associate medical director
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§1203.1.1. Medical director and associate medical director A. The assistant secretary shall hire a medical director and an associate medical director to render decisions on disputed cases filed pursuant to R.S. 23:1203.1(J). B. The medical director and associate medical director …
La. Rev. Stat. § 23:1203.2 Electronic medical billing and payment
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§1203.2. Electronic medical billing and payment A.(1) The assistant secretary shall adopt rules and regulations regarding the electronic submission, processing, and payment of workers' compensation-related medical bills, in accordance with the Administrative Procedure Act, R.S. 4…
La. Rev. Stat. § 23:1204 Furnishing of medical services or advancing voluntary payments not admission of liability
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§1204. Furnishing of medical services or advancing voluntary payments not admission of liability Neither the furnishing of medical services nor payments by the employer or his insurance carrier shall constitute an admission of liability for compensation under this Chapter.
La. Rev. Stat. § 23:1205 Claim for payments; privilege of employee; non-assignability; exemption from seizure; payment of denied medical expenses
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§1205. Claim for payments; privilege of employee; non-assignability; exemption from seizure; payment of denied medical expenses A. Claims or payments due under this Chapter shall have the same preference and priority for the whole thereof against the assets of the employer as is …
La. Rev. Stat. § 23:1206 Voluntary payments; deductions from benefits
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§1206. Voluntary payments; deductions from benefits Any voluntary payment or unearned wages paid by the employer or insurer either in money or otherwise, to the employee or dependent, and accepted by the employee, which were not due and payable when made, may be deducted from the…
La. Rev. Stat. § 23:1207 Rival claimants; payment; discharge of employer
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§1207. Rival claimants; payment; discharge of employer Payment of compensation under this Chapter by an employer to a dependent subsequent in right to another or other dependent shall protect and discharge the employer unless and until the dependent or dependents prior in right h…
La. Rev. Stat. § 23:1208 Misrepresentations concerning benefit payments; penalty
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§1208. Misrepresentations concerning benefit payments; penalty A. It shall be unlawful for any person, for the purpose of obtaining or defeating any benefit or payment under the provisions of this Chapter, either for himself or for any other person, to willfully make a false stat…
La. Rev. Stat. § 23:1208.1 Employer's inquiry into employee's previous injury claims; forfeiture of benefits
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§1208.1. Employer's inquiry into employee's previous injury claims; forfeiture of benefits Nothing in this Title shall prohibit an employer from inquiring about previous injuries, disabilities, or other medical conditions and the employee shall answer truthfully; failure to answe…
La. Rev. Stat. § 23:1208.2 Duty to report fraud; immunity from civil liability
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§1208.2. Duty to report fraud; immunity from civil liability A. Any person having knowledge of or who believes that an act is being or has been committed in violation of this Chapter shall report orally or in writing to the assistant secretary the information that forms the basis…
La. Rev. Stat. § 23:1209 Prescription; timeliness of filing; dismissal for want of prosecution
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§1209. Prescription; timeliness of filing; dismissal for want of prosecution A.(1) In case of personal injury, including death resulting therefrom, all claims for payments shall be forever barred unless within one year after the accident or death the parties have agreed upon the …
La. Rev. Stat. § 23:1210 Burial expenses; duty to furnish
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§1210. Burial expenses; duty to furnish A. In every case of death, the employer shall pay or cause to be paid, in addition to any other benefits allowable under the provisions of this Part, reasonable expenses of the burial of the employee, not to exceed eight thousand five hundr…
La. Rev. Stat. § 23:1211 Special compensation benefits for injury or death of member of national guard
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§1211. Special compensation benefits for injury or death of member of national guard A. Except as provided by R.S. 22:941, every member of the national guard who is accidentally injured, or his dependents if he is accidentally killed, while on active duty during a state of emerge…
La. Rev. Stat. § 23:1212 Medical expense offset
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§1212. Medical expense offset A. Except as provided in Subsection B, payment by any person or entity, other than a direct payment by the employee, a relative or friend of the employee, or by Medicaid or other state medical assistance programs of medical expenses that are owed und…
La. Rev. Stat. § 23:1221 Temporary total disability; permanent total disability; supplemental earnings
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§1221. Temporary total disability; permanent total disability; supplemental earnings benefits; permanent partial disability; schedule of payments Compensation shall be paid under this Chapter in accordance with the following schedule of payments: (1) Temporary total. (a) For any …
La. Rev. Stat. § 23:1222 Probable duration of disability not basis for award
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§1222. Probable duration of disability not basis for award Supplemental earnings benefits shall not be awarded or payable for probable duration of loss of wages. However, this Section does not prohibit the parties from entering into a compromise or lump sum settlement, in accorda…
La. Rev. Stat. § 23:1223 Deductions from benefits
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§1223. Deductions from benefits A. Except as provided in R.S. 23:1221(4)(s), when compensation has been paid under R.S. 23:1221(1), (2), or (3), the number of weeks of compensation paid shall be deducted from the number of weeks of compensation allowed under R.S. 23:1221(4) or Su…
La. Rev. Stat. § 23:1224 Payments not recoverable for first week; exceptions
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§1224. Payments not recoverable for first week; exceptions No compensation shall be paid for the first week after the injury is received; provided, that in cases where disability from injury continues for two weeks or longer after date of the accident, compensation for the first …
La. Rev. Stat. § 23:1225 Reductions when other benefits payable
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§1225. Reductions when other benefits payable A. The benefits provided for in this Subpart for injuries producing permanent total disability shall be reduced when the person receiving benefits under this Chapter is entitled to and receiving benefits under 42 U.S.C. Chapter 7, Sub…
La. Rev. Stat. § 23:1226 Rehabilitation of injured employees
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§1226. Rehabilitation of injured employees A. When an employee has suffered an injury covered by this Chapter which precludes the employee from earning wages equal to wages earned prior to the injury, the employee shall be entitled to prompt rehabilitation services. Vocational re…
La. Rev. Stat. § 23:1231 Death of employee; payment to dependents; surviving parents
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§1231. Death of employee; payment to dependents; surviving parents A. For injury causing death within two years after the last treatment resulting from the accident, there shall be paid to the legal dependent of the employee, actually and wholly dependent upon his earnings for su…
La. Rev. Stat. § 23:1232 Allocation to dependents; schedule of payments
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§1232. Allocation to dependents; schedule of payments Payment to dependents shall be computed and divided equally among them on the following basis: (1) If the widow or widower alone, thirty-two and one-half per centum of wages. (2) If the widow or widower and one child, forty-si…
La. Rev. Stat. § 23:1233 Death or marriage of dependent; age limit of minor dependent
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§1233. Death or marriage of dependent; age limit of minor dependent A.(1) Weekly payments to a surviving spouse shall continue until the death or remarriage of the surviving spouse. In the case of remarriage of a surviving spouse, two years compensation payments shall be payable …
La. Rev. Stat. § 23:1234 Minors and mental incompetents; rights and privileges, by whom exercised; prescriptions applicable
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§1234. Minors and mental incompetents; rights and privileges, by whom exercised; prescriptions applicable In case an injured employee is mentally incompetent or a minor or, where death results from the injury, in case any dependent as herein defined is mentally incompetent or a m…
La. Rev. Stat. § 23:1235 Payments to minor dependents; how made
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§1235. Payments to minor dependents; how made Where there is a surviving widow or widower and child or children entitled to compensation, the compensation above prescribed shall be paid entirely to the widow or widower for the benefit of the widow or widower and the common benefi…
La. Rev. Stat. § 23:1236 Payments to employee before death; effect on payments to dependents
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§1236. Payments to employee before death; effect on payments to dependents Where payments of compensation have been made to the employee before his death, the compensation for dependents as provided for in this Subpart shall begin on the date of the last of such payments. Amended…
La. Rev. Stat. § 23:1251 Persons conclusively presumed dependents
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§1251. Persons conclusively presumed dependents The following persons shall be conclusively presumed to be wholly and actually dependent upon the deceased employee: (1) A surviving spouse upon a deceased spouse with whom he or she is living at the time of the accident or death. (…
La. Rev. Stat. § 23:1252 Determination of dependency in other cases
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§1252. Determination of dependency in other cases In all other cases, the question of legal and actual dependency in whole or in part, shall be determined in accordance with the facts as they may be at the time of the accident and death; in such other cases if there are a suffici…
La. Rev. Stat. § 23:1253 Membership in family or relationship
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§1253. Membership in family or relationship If there is no one wholly dependent and more than one person partially dependent, so much of the death benefit as each is entitled to shall be divided among them according to the relative extent of their dependency. No person shall be c…
La. Rev. Stat. § 23:1254 Dependency at the time of accident and death
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§1254. Dependency at the time of accident and death In all cases provided for under this Part the relation or dependency must exist at the time of the accident and at the time of death, and the mere expectation or hope of future contribution to support of an alleged dependent by …
La. Rev. Stat. § 23:1255 Widow or widower; living with spouse at time of injury or death
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§1255. Widow or widower; living with spouse at time of injury or death No compensation shall be payable under this Part to a surviving spouse unless he or she was living with the deceased spouse at the time of the injury or death, or was then actually dependent upon the deceased …
La. Rev. Stat. § 23:1261 Repealed by Acts 1991, No
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§1261. Repealed by Acts 1991, No. 565, §2.