Title 23, Labor and Worker's Compensation
0 chapters · 872 sections in this title.
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. § 23:1273 Repealed by Acts 1988, No
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§1273. Repealed by Acts 1988, No. 938, §3, eff. Jan. 1, 1990.
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…
La. Rev. Stat. § 23:1310 Initial filing of claim with office of workers' compensation administration
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§1310. Initial filing of claim with office of workers' compensation administration A. If, at any time after notification to the office of the occurrence of death or injury resulting in excess of seven days lost time, a bona fide dispute occurs, the employee or his dependent or th…
La. Rev. Stat. § 23:1310.1 Workers' compensation judges; creation; tenure; qualification; presiding
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§1310.1. Workers' compensation judges; creation; tenure; qualification; presiding officer; rules and regulations; hearings; assistant secretary A. There is hereby created workers' compensation judge positions comprised of at least ten judges within the office of workers' compensa…
La. Rev. Stat. § 23:1310.10 Report to governor, supreme court, and legislature
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§1310.10. Report to governor, supreme court, and legislature Annually, on or before the first day of April, commencing in 1990, the assistant secretary shall prepare and submit a report for the prior calendar year to the governor, the chief justice of the supreme court, the presi…
La. Rev. Stat. § 23:1310.11 Deposit of fees in Workers' Compensation Administration Fund
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§1310.11. Deposit of fees in Workers' Compensation Administration Fund A. The assistant secretary shall provide by rule for a fee not to exceed fifty dollars to be collected in each dispute, which such fee shall be taxed as costs to be paid by the party against whom any award bec…
La. Rev. Stat. § 23:1310.12 Repealed by Acts 2012, No
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§1310.12. Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
La. Rev. Stat. § 23:1310.13 Expenses of assistant secretary; penalties imposed by Act; payment into special
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§1310.13. Expenses of assistant secretary; penalties imposed by Act; payment into special state treasury fund All penalties imposed by the Workers' Compensation Act, except those specifically payable to claimants, or as otherwise specifically provided by law, shall be deposited i…
La. Rev. Stat. § 23:1310.14 Securing information
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§1310.14. Securing information Every employer shall furnish the assistant secretary, upon request, any information required by him to carry out the provisions of the Worker's Compensation Act. Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 260, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 23:1310.15 Employer's records and books; subject to inspection; self-incriminating evidence
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§1310.15. Employer's records and books; subject to inspection; self-incriminating evidence All books, records, and payrolls of the employers showing or reflecting in any way upon the amount of wage expenditures of such employers shall always be open for inspection by the assistan…
La. Rev. Stat. § 23:1310.2 Duties of assistant secretary
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§1310.2. Duties of assistant secretary A. The chief administrative officer to assist the workers' compensation judges shall be the assistant secretary of the office of workers' compensation administration, who shall be subject to the general administrative authority of the secret…
La. Rev. Stat. § 23:1310.3 Initiation of claims; voluntary mediation; procedure
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§1310.3. Initiation of claims; voluntary mediation; procedure A. A claim for benefits, the controversion of entitlement to benefits, or other relief under the Workers' Compensation Act shall be initiated by the filing of the appropriate form with the office of workers' compensati…
La. Rev. Stat. § 23:1310.4 Place hearings to be held
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§1310.4. Place hearings to be held A.(1) At the time a claim is initiated with the assistant secretary, the claimant shall elect the situs of necessary hearings by the workers' compensation judge. (2) If the claimant is a domiciliary of the state of Louisiana, he shall be require…
La. Rev. Stat. § 23:1310.5 Hearing and appellate procedures; reported opinions
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§1310.5. Hearing and appellate procedures; reported opinions A.(1) Insofar as may be possible, all the evidence pertaining to each case, except as to noncontested matters, shall be heard by the workers' compensation judge initially assigned to the case. Upon the completion of suc…
La. Rev. Stat. § 23:1310.5.1 Continuances
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§1310.5.1. Continuances If the parties, whether represented or unrepresented, agree to a continuance of a mediation, hearing, or trial by filing a joint motion to continue or an uncontested motion to continue, the workers' compensation judge shall grant the continuance. Acts 2022…
La. Rev. Stat. § 23:1310.5.2 Stays
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§1310.5.2. Stays A. Upon an uncontested motion to stay or a joint motion to stay of the parties, the workers' compensation judge shall order a stay of the proceeding on a claim and the stay shall remain in effect as long as the parties jointly agree. B. If the motion to stay is g…
La. Rev. Stat. § 23:1310.6 Assistant secretary; powers and duties
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§1310.6. Assistant secretary; powers and duties The assistant secretary shall preside at all meetings of the workers' compensation judges and shall make all procedural rulings for the workers' compensation judges collectively, except those to be made in the course of hearings bef…
La. Rev. Stat. § 23:1310.7 Orders; subpoenas; judgments; enforcement; contempt
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§1310.7. Orders; subpoenas; judgments; enforcement; contempt A. A workers' compensation judge shall have the power to enforce any order or judgment he shall deem proper which is issued pursuant to the powers and jurisdiction provided for in this Chapter and the Constitution of Lo…
La. Rev. Stat. § 23:1310.8 Jurisdiction continuing; determining as to final settlement
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§1310.8. Jurisdiction continuing; determining as to final settlement A.(1) The power and jurisdiction of the workers' compensation judge over each case shall be continuing and he may, upon application by a party and after a contradictory hearing, make such modifications or change…
La. Rev. Stat. § 23:1310.9 Costs
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§1310.9. Costs If the workers' compensation judge before which any proceedings for compensation or concerning an award of compensation have been brought, under the Workers' Compensation Act, determines that such proceedings have not been brought on a reasonable ground, or that de…
La. Rev. Stat. § 23:1311 Contents of petition
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§1311. Contents of petition The petition required under Section 1310.3 shall set forth: (1) The names and addresses of the parties. (2) A statement of the time, place, nature, and cause of the injury, or such fairly equivalent information as will put the employer on notice with r…
La. Rev. Stat. § 23:1312 Suits against the state; filing; procedure
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§1312. Suits against the state; filing; procedure A. In the case of a suit against the state, service of the petition and of the citation shall be made both on the governor and on the attorney general. Payment of the judgment rendered against the state shall be submitted in due c…
La. Rev. Stat. § 23:1313 Repealed by Acts 1988, No
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§1313. Repealed by Acts 1988, No. 938, §3, eff. Jan. 1, 1990.
La. Rev. Stat. § 23:1314 Necessary allegations; dismissal of premature petition; dispute of benefits
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§1314. Necessary allegations; dismissal of premature petition; dispute of benefits A. The presentation and filing of the petition under R.S. 23:1310.3 shall be premature unless it is alleged in the petition that: (1) The employee or dependent is not being or has not been paid, an…
La. Rev. Stat. § 23:1315 Repealed by Acts 1988, No
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§1315. Repealed by Acts 1988, No. 938, §3, eff. Jan. 1, 1990.
La. Rev. Stat. § 23:1316 Repealed by Acts 2021, No
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§1316. Repealed by Acts 2021, No. 174, §6, eff. Jan. 1, 2022.
La. Rev. Stat. § 23:1316.1 Default judgment
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§1316.1. Default judgment A.(1) If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or the time extended by the workers' compensation judge, and the plaintiff establishes a prima facie case by competent an…
La. Rev. Stat. § 23:1317 Hearing on the merits; rules of procedure; effect of judgment; costs; fees of medical witnesses
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§1317. Hearing on the merits; rules of procedure; effect of judgment; costs; fees of medical witnesses A. If an answer has been filed within the delays allowed by law or granted by the workers' compensation judge, or if no judgment has been entered as provided in R.S. 23:1316 at …
La. Rev. Stat. § 23:1317.1 Additional medical opinion regarding medical examinations
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§1317.1. Additional medical opinion regarding medical examinations A. Any party wishing to request an additional medical opinion regarding a medical examination of the claimant pursuant to R.S. 23:1123 and 1124.1 shall be required to make its request at or prior to the pretrial c…
La. Rev. Stat. § 23:1318 Assistant secretary and office employees not subject to subpoena
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§1318. Assistant secretary and office employees not subject to subpoena For claims arising under this Chapter, the assistant secretary or any other office employee shall not be subject to subpoena for the purpose of testifying in any legal proceeding. This prohibition shall exten…
La. Rev. Stat. § 23:1319 Evidence; depositions in advance of hearing
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§1319. Evidence; depositions in advance of hearing When any of the parties deems it necessary to take the testimony of any witness who might not be available in the event a dispute ever arose under this Chapter in connection with any claim arising as a result of any accident or a…