Title 23, Labor and Worker's Compensation
0 chapters · 872 sections in this title.
La. Rev. Stat. § 23:1320 Repealed by Acts 1988, No
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§1320. Repealed by Acts 1988, No. 938, §3, eff. Jan. 1, 1990.
La. Rev. Stat. § 23:1321 Repealed by Acts 1988, No
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§1321. Repealed by Acts 1988, No. 938, §3, eff. Jan. 1, 1990.
La. Rev. Stat. § 23:1331 Repealed by Acts 1988, No
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§1331. Repealed by Acts 1988, No. 938, §3, eff. Jan. 1, 1990.
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. § 23:1351 Repealed by Acts 1988, No
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§1351. Repealed by Acts 1988, No. 938, §3, eff. Jan. 1, 1990.
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. § 23:1371.2 Repealed by Acts 2013, No
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§1371.2. Repealed by Acts 2013, No. 314, §1.
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…
La. Rev. Stat. § 23:1404 Allocation of surplus; full faith and credit; exemptions; sunset
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§1404. Allocation of surplus; full faith and credit; exemptions; sunset A. Any profit indicated on the annual financial statement of the corporation shall be allocated during the next accounting period as follows: (1) No less than fifty percent of the profit shall be applied to l…
La. Rev. Stat. § 23:1404.1 State reporting
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§1404.1. State reporting Upon its extinguishment, the full faith and credit guarantee shall no longer operate as a state liability, contingent or otherwise, for the state's accounting, budgeting, financial, or reporting purposes. Acts 1999, No. 1256, §1, eff. July 12, 1999.
La. Rev. Stat. § 23:1405 Corporation investments
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§1405. Corporation investments A. Notwithstanding any other law to the contrary and as long as the full faith and credit guarantee remains in effect, the corporation is hereby authorized and directed to invest, for the benefit of the policyholders, such monies not needed for cash…
La. Rev. Stat. § 23:1405.1 Conversion to stock corporation; conditions; approval; laws applicable
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§1405.1. Conversion to stock corporation; conditions; approval; laws applicable A. Notwithstanding any law to the contrary, the corporation shall not convert to a domestic stock insurer except in accordance with general law applicable to such conversion and only with the prior ap…
La. Rev. Stat. § 23:1406 Conflict of interest
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§1406. Conflict of interest A. Notwithstanding that Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 is not applicable to the corporation or to its board members, officers, or employees or to any spouse, sibling, ascendant, or descendant of a board member, officer…
La. Rev. Stat. § 23:1407 Sales of policies; agents not liable
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§1407. Sales of policies; agents not liable A. Any insurance agent licensed to sell workers' compensation insurance in this state shall be authorized to sell insurance policies for the corporation in compliance with the bylaws adopted by the corporation and R.S. 22:1113(A)(3)1. T…
La. Rev. Stat. § 23:1407.1 Issuance or renewal of policies not backed by full faith and credit of state; disclosure
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§1407.1. Issuance or renewal of policies not backed by full faith and credit of state; disclosure A. After the full faith and credit of the state is extinguished, the corporation and any person who is an officer, employee, agent, or representative of the corporation, in the solic…
La. Rev. Stat. § 23:1409 Denial, cancellation, and termination
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§1409. Denial, cancellation, and termination The nonpayment of premium for current or prior policies issued by the corporation may be a basis for the corporation to deny coverage. The failure or refusal by any applicant or insured to fully and accurately disclose to the corporati…
La. Rev. Stat. § 23:1410 Fraud division
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§1410. Fraud division The corporation shall establish a fraud division to investigate and take any actions to remedy and prevent employer or employee fraud regarding workers' compensation. The division shall provide an annual report to the board to be submitted with the report pr…
La. Rev. Stat. § 23:1411 Rates
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§1411. Rates A. There shall be no premium discount on policies issued by the corporation except as provided in R.S. 23:1411(D) or when otherwise mandated by statutory provision. B. Any rating plan or method of payment by the policyholders may be adopted by the board for the purpo…
La. Rev. Stat. § 23:1412 Workplace safety program
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§1412. Workplace safety program A.(1) The board shall direct the corporation to formulate, implement, and monitor a workplace safety program for policyholders. (2) The work program shall specify a list of standard industrial classifications of policyholders. (3) The representativ…
La. Rev. Stat. § 23:1413 Workplace accident and injury reduction plan
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§1413. Workplace accident and injury reduction plan A. The board shall require the corporation to require certain policyholders to establish a written workplace accident and injury reduction plan that promotes safe working conditions and which is based on clearly stated goals and…
La. Rev. Stat. § 23:1414 Annual report
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§1414. Annual report A. Within six months after the close of each fiscal year, the corporation shall present a report on its activities to the legislative auditor, the speaker of the House of Representatives, the president of the Senate, and the governor. This report shall includ…
La. Rev. Stat. § 23:1415 Appeal to insurance commissioner
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§1415. Appeal to insurance commissioner A. Any determination of the corporation with respect to the cancellation or nonrenewal of any policy, with the exception of cancellation for nonpayment of premium, may be appealed to the commissioner of insurance in writing, within thirty d…
La. Rev. Stat. § 23:1471 Short title; declaration of public policy
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§1471. Short title; declaration of public policy This Chapter may be cited as the "Louisiana Employment Security Law". As a guide to the interpretation and application of this Chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unempl…
La. Rev. Stat. § 23:1472 Definitions
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§1472. Definitions As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section, unless the context clearly indicates otherwise: (1) "Administrator" means the secretary of Louisiana Works. (2) "Agricultural labor" includes all services per…
La. Rev. Stat. § 23:1473 Concurrent employment by two or more corporations
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§1473. Concurrent employment by two or more corporations A. For purposes of this Chapter, if two or more related corporations concurrently employ the same individual and compensate such individual through a common paymaster which is one of such corporations, each such corporation…
La. Rev. Stat. § 23:1474 Administrator; Revenue Estimating Conference; "wages"; weekly benefit amounts
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§1474. Administrator; Revenue Estimating Conference; "wages"; weekly benefit amounts A. This Section shall be applicable for purposes of R.S. 23:1531, 1532, 1533 through 1542, and 1592. B. As used in this Section, the following terms shall have the meaning ascribed to them as fol…
La. Rev. Stat. § 23:1491 Establishment and control
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§1491. Establishment and control There is established as a special fund, separate and apart from all public moneys or funds of this state, an unemployment compensation fund, which shall be administered by the administrator exclusively for the purpose of this Chapter. This fund sh…
La. Rev. Stat. § 23:1492 Accounts and deposits
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§1492. Accounts and deposits The administrator shall maintain within the fund three separate accounts: (1) a clearing account, (2) an unemployment trust fund account, and (3) a benefit account. All moneys payable to the fund, upon receipt thereof by the administrator, shall be im…