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0 chapters · 721 sections in this title.
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. § 23:1310.13 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. § 23:1314 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. § 23:1316.1 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…
La. Rev. Stat. § 23:1332 Awards in favor of minors or interdicts; tutor's bond and report
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§1332. Awards in favor of minors or interdicts; tutor's bond and report Where an award has been rendered in favor of a minor or interdict, the tutor or curator shall be required by the office to furnish a bond in favor of the office for the faithful performance of his duties, and…
La. Rev. Stat. § 23:1333 Employer's insolvency or failure to pay after award; acceleration of payments
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§1333. Employer's insolvency or failure to pay after award; acceleration of payments A. If the employer against whom an award awarding compensation has been rendered becomes insolvent or fails to pay six successive installments as they become due, the installments not yet payable…
La. Rev. Stat. § 23:1361 Unlawful discrimination prohibited
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§1361. Unlawful discrimination prohibited A. No person, firm or corporation shall refuse to employ any applicant for employment because of such applicant having asserted a claim for workers' compensation benefits under the provisions of this Chapter or under the law of any state …
La. Rev. Stat. § 23:1371 Purpose and intent
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§1371. Purpose and intent A. It is the purpose of this Part to: (1) Encourage the employment, re-employment, or retention of employees who have a permanent, partial disability. (2) Protect employers, group self-insurance funds, and property and casualty insurers from excess liabi…
La. Rev. Stat. § 23:1371.1 Definitions
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§1371.1. Definitions As used in this Part, unless the context clearly indicates otherwise, the following terms shall have the meanings ascribed to them in this Section: (1) "Employer" means any entity who is required to pay and has paid into the fund. (2) "Hire and fire authority…
La. Rev. Stat. § 23:1372 Louisiana Workers' Compensation Second Injury Board; creation, domicile,
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§1372. Louisiana Workers' Compensation Second Injury Board; creation, domicile, membership The Louisiana Workers' Compensation Second Injury Board, hereinafter referred to as the board, is created. The board, which shall be domiciled in Baton Rouge, Louisiana, shall be composed o…
La. Rev. Stat. § 23:1373 Meetings; quorum; officers
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§1373. Meetings; quorum; officers A. The board may meet monthly, but in no event shall it meet less than once each three months and at such other times as it may provide by its rules. Three members shall constitute a quorum for the transaction of business. A majority vote of the …
La. Rev. Stat. § 23:1374 Salary; expenses
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§1374. Salary; expenses The members of the board shall receive no salary, but each member shall be reimbursed for necessary travel and other expenses actually incurred while in attendance at meetings of the board or on business for the board. Added by Acts 1974, No. 165, §1.
La. Rev. Stat. § 23:1375 Personnel
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§1375. Personnel A. The board shall appoint, fix the compensation and prescribe the duties of an executive director, who shall be in the unclassified service. The executive director shall devote full time to his duties and may not accept or engage in additional employment of any …
La. Rev. Stat. § 23:1376 Rule making power; reports
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§1376. Rule making power; reports A. The board may conduct such investigations, hold such hearings and adopt such rules and regulations as are necessary and proper to carry out its functions. B. The board may collect information and compile statistics relevant and pertinent to th…
La. Rev. Stat. § 23:1377 Workers' Compensation Second Injury Fund
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§1377. Workers' Compensation Second Injury Fund A. There is hereby created and established in the state treasury a special fund which shall be designated as the "Workers' Compensation Second Injury Fund", hereinafter referred to as the "fund". The fund shall be maintained as a se…
La. Rev. Stat. § 23:1378 Determination of liability of fund
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§1378. Determination of liability of fund A. An employer operating under the provisions of this Chapter who knowingly employs, re-employs, or retains in his employment an employee who has a permanent partial disability, as defined in R.S. 23:1371.1, shall qualify for reimbursemen…
La. Rev. Stat. § 23:1379 Annual report
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§1379. Annual report The board shall make an annual report to the governor and the legislature, which shall contain a statement of the operations of the fund. Added by Acts 1974, No. 165, §1; Acts 2006, No. 453, §1, eff. June 15, 2006.
La. Rev. Stat. § 23:1391 Purpose
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§1391. Purpose A. It is hereby declared by the Legislature of Louisiana that an adequate market for workers' compensation insurance is necessary to the economic welfare of the state and that without such insurance, the orderly growth and development of the state would be severely…
La. Rev. Stat. § 23:1392 Definitions
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§1392. Definitions As used in this Part, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise: (1) "Accepted risk" means an employer, other than one eligible for a preferred risk policy, who in good faith attempts t…
La. Rev. Stat. § 23:1393 Creation of Louisiana Workers' Compensation Corporation
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§1393. Creation of Louisiana Workers' Compensation Corporation A.(1) The Louisiana Workers' Compensation Corporation is hereby created as a private, nonprofit corporation to operate as a domestic mutual insurer to provide workers' compensation insurance, a residual market, and se…
La. Rev. Stat. § 23:1394 Applicability of other laws
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§1394. Applicability of other laws A. The corporation shall be subject to all applicable laws of the Louisiana Insurance Code relative to an incorporated domestic mutual insurer, except as otherwise specifically provided in this Part. B. Notwithstanding the provisions of R.S. 12:…
La. Rev. Stat. § 23:1395 Exemptions; rate regulation; surplus; reserves; guaranty funds
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§1395. Exemptions; rate regulation; surplus; reserves; guaranty funds A. The corporation shall be exempt from rate regulation by the commissioner of insurance. B. Except as provided in R.S. 23:1404, the corporation shall not be required to comply with any surplus requirements for…
La. Rev. Stat. § 23:1397 Incurring of debt for operations and cash flow; pledge of full faith and credit of state
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§1397. Incurring of debt for operations and cash flow; pledge of full faith and credit of state A. The corporation shall not incur capitalization debt, in the aggregate, over five million dollars unless prior approval is obtained from the State Bond Commission. However, upon the …
La. Rev. Stat. § 23:1398 Board of directors
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§1398. Board of directors A. The board shall consist of twelve members as follows: (1) One person from a list of three submitted by the Louisiana American Federation of Labor and Congress of Industrial Organizations, or by a successor organization representative of organized labo…
La. Rev. Stat. § 23:1399 Duties of the board
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§1399. Duties of the board A.(1) The board shall mandate the solvency of the corporation and shall insure that it establishes funded reserves, establishes an operating account in accordance with the provisions of this Part, and that the corporation is self-supporting. (2) The cor…
La. Rev. Stat. § 23:14 Employers to furnish information; keeping of records
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§14. Employers to furnish information; keeping of records A. Every employer shall furnish to the department all information which the secretary or his representative may require. Every employer shall provide true and specific answers to all questions submitted by the department, …
La. Rev. Stat. § 23:1400 Policy applications; risk classification
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§1400. Policy applications; risk classification A. After the start up of the corporation and upon termination of the applicant's current policy, an applicant shall apply for coverage by the corporation in good faith, through an agent licensed by the state of Louisiana to procure …
La. Rev. Stat. § 23:1401 Discontinuation of Louisiana Workers' Compensation Assigned Risk Plan
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§1401. Discontinuation of Louisiana Workers' Compensation Assigned Risk Plan A. The Louisiana Workers' Compensation Assigned Risk Plan, as authorized by R.S. 22:1475(A), is discontinued effective September 30, 1992, except for dissolution of any obligations for claims occurring p…
La. Rev. Stat. § 23:1403 Policy programs
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§1403. Policy programs A. There is established within the corporation a preferred risk policy program, hereinafter referred to as the PRP program and an accepted risk program, hereinafter referred to as the ARP program. B. The corporation shall keep a separate accounting of all c…
