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0 chapters · 721 sections in this title.
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. § 23:1271 Right of parties to settle or compromise
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§1271. Right of parties to settle or compromise A. It is stated policy for the administration of the workers' compensation system of this state that it is in the best interest of the injured worker to receive benefit payments on a periodic basis. A lump sum payment or compromise …
La. Rev. Stat. § 23:1272 Approval of lump sum or compromise settlements by the workers' compensation judge
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§1272. Approval of lump sum or compromise settlements by the workers' compensation judge A. A lump sum or compromise settlement entered into by the parties under R.S. 23:1271 shall be presented to the workers' compensation judge for approval through a petition signed by all parti…
La. Rev. Stat. § 23:1274 Lump sum settlements; necessity for approval
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§1274. Lump sum settlements; necessity for approval A. The amounts payable as compensation may be commuted to a lump sum settlement by agreement if approved by the workers' compensation judge as provided in this Part. In a lump sum settlement, the payments due the employee or his…
La. Rev. Stat. § 23:1291 Creation, powers, and duties of the office of workers' compensation administration
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§1291. Creation, powers, and duties of the office of workers' compensation administration A. The office of workers' compensation administration is hereby established within Louisiana Works to administer the provisions of this Chapter. The office shall be administered by an assist…
La. Rev. Stat. § 23:1291.1 Annual reports; assessment; collection
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§1291.1. Annual reports; assessment; collection A.(1) All insurers and employers that have paid Louisiana workers' compensation benefits shall provide a report annually to the office of workers' compensation administration on a form provided by the office showing the amount of ac…
La. Rev. Stat. § 23:1291.2 Access to payors' records; fraud identification
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§1291.2. Access to payors' records; fraud identification A. Each payor, as defined by R.S. 23:1142, shall make his claims and payment data, if such data are maintained, available to the office of workers' compensation administration for the purpose of identifying violations of th…
La. Rev. Stat. § 23:1292 Statistical data; required reports; penalties
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§1292. Statistical data; required reports; penalties A. Every employer of more than ten employees who is subject to recordkeeping under the provisions of 29 U.S.C. 655 shall, within ninety days of any occupational death of an employee, any non-fatal occupational illness, or any n…
La. Rev. Stat. § 23:1293 Confidentiality of records; exceptions; penalties for violation
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§1293. Confidentiality of records; exceptions; penalties for violation A.(1) All medical records of an employee, all records of payment of compensation to an employee or his dependent, all records with respect to the rehabilitation or attempted rehabilitation of an injured employ…
La. Rev. Stat. § 23:1294 Workers' Compensation Advisory Council
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§1294. Workers' Compensation Advisory Council A.(1) The Workers' Compensation Advisory Council is hereby created within Louisiana Works pursuant to R.S. 36:309(B). (2) It shall consist of seventeen members who are domiciled in Louisiana and appointed by the governor to serve at t…
La. Rev. Stat. § 23:1295 Investigations
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§1295. Investigations For the purposes of administering the provisions of this Chapter, the administrator of the fraud section for the office of workers' compensation and his duly authorized representative shall investigate all allegations of violations of this Chapter. As used i…
La. Rev. Stat. § 23:1296 Administrator; powers
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§1296. Administrator; powers In the discharge of the duties imposed by this Chapter, the administrator and any duly authorized representative shall have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the a…
La. Rev. Stat. § 23:1297 Subpoenas
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§1297. Subpoenas In case of contumacy by, or refusal to obey a subpoena issued to, any person, upon application by the administrator or any duly authorized representative to a district court of the state within the jurisdiction of which the inquiry is carried on or within the jur…
La. Rev. Stat. § 23:13 Employers' duty as to safety
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§13. Employers' duty as to safety Every employer shall furnish employment which shall be reasonably safe for the employees therein. They shall furnish and use safety devices and safeguards, shall adopt and use methods and processes reasonably adequate to render such employment an…
La. Rev. Stat. § 23:1301 Notice as prerequisite to institution of proceedings
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§1301. Notice as prerequisite to institution of proceedings No proceeding under this Chapter for compensation shall be maintained unless notice of the injury has been given to the employer within thirty days after the date of the injury or death. This notice may be given or made …
La. Rev. Stat. § 23:1302 Employer's duty to advise employees as to necessity of notice
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§1302. Employer's duty to advise employees as to necessity of notice A. The employer shall have printed and keep posted at some convenient and conspicuous point in his place of business a notice reading substantially as follows: "In case of accidental injury or death, an injured …
La. Rev. Stat. § 23:1303 Contents of notice
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§1303. Contents of notice The notice required by R.S. 23:1301 shall (1) be made in writing, (2) contain the name and address of the employee, (3) state in ordinary language the time, place, nature, and cause of the injury, and (4) be signed by the person giving or making the noti…
La. Rev. Stat. § 23:1304 Persons to whom notice given
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§1304. Persons to whom notice given Any notice or claim under this Chapter shall be given to the employer. If the employer is a partnership, then notice may be given to any one of the partners. If the employer is a corporation, then the notice may be given to any agent of the cor…
La. Rev. Stat. § 23:1305 Inaccuracies as to time, nature, place, or cause, of injury; effect of delay or lack of notice
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§1305. Inaccuracies as to time, nature, place, or cause, of injury; effect of delay or lack of notice A notice given under this Subpart shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place, nature, or cause of the injury, or otherwise, …
La. Rev. Stat. § 23:1306 Employer reports
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§1306. Employer reports A. Within ten days of actual knowledge of injury resulting in death or in lost time in excess of one week after the injury, the employer shall send a report to the insurer, if any, on a form prescribed by the assistant secretary, providing the following in…
La. Rev. Stat. § 23:1307 Information to injured employee
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§1307. Information to injured employee Upon receipt of notice of injury from the employer or other indication of an injury reportable under R.S. 23:1306, the office shall mail immediately to the injured employee and employer a brochure which sets forth in clear understandable lan…
