Title 23, Labor and Worker's Compensation
0 chapters · 872 sections in this title.
La. Rev. Stat. § 23:1038 §§1038 to 1043 Repealed by Acts 1975, No
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§1038. §§1038 to 1043 Repealed by Acts 1975, No. 583, §15, eff. Sept. 1, 1975
La. Rev. Stat. § 23:104 Application for license
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§104. Application for license No person, company, corporation, or partnership shall operate, solicit, or advertise an employment service in this state unless licensed by the assistant secretary. The application for a license shall be furnished by the assistant secretary. A licens…
La. Rev. Stat. § 23:1044 Presumption of employee status
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§1044. Presumption of employee status A person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to be an employee under this Chapter. Every executive officer elected or appointed and empowered in accordance with the charte…
La. Rev. Stat. § 23:1045 Persons exempt from coverage
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§1045. Persons exempt from coverage A.(1) This Chapter shall not apply to, and there is specific exclusion from the operation thereof for, all members of the crew of any airplane engaged in dusting or spraying operations insofar as such members of an airplane crew might be regard…
La. Rev. Stat. § 23:1046 Chapter inapplicable to uncompensated officers and uncompensated members of the board of directors of certain nonprofit organizations
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§1046. Chapter inapplicable to uncompensated officers and uncompensated members of the board of directors of certain nonprofit organizations The provisions of this Chapter are inapplicable to uncompensated officers and uncompensated members of the board of directors of bona fide,…
La. Rev. Stat. § 23:1047 Real estate salesmen exempt from coverage
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§1047. Real estate salesmen exempt from coverage A. This Chapter shall not apply to and there is specifically excluded from the operation thereof, any real estate broker or salesman licensed to do business in the state of Louisiana and operating under the auspices of a licensed b…
La. Rev. Stat. § 23:1048 Landmen exempt from coverage
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§1048. Landmen exempt from coverage A. This Chapter shall not apply to, and there is specifically excluded from the operation thereof, any landman rendering services, under the circumstances described in R.S. 23:1472(12)(H)(XIX), that is operating under the auspices of an indepen…
La. Rev. Stat. § 23:105 License fee; renewal
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§105. License fee; renewal Effective January 1, 1993, no license shall be granted until the license applicant has paid the assistant secretary a license fee of two hundred dollars per year for each location. Upon initial license application, the applicant shall pay a three hundre…
La. Rev. Stat. § 23:106 Bond; conditions
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§106. Bond; conditions A. No license shall be granted until the applicant has filed with the assistant secretary a bond with a surety company authorized to do business in the state for each licensed office, or with other security approved by the assistant secretary, in the sum of…
La. Rev. Stat. § 23:106.1 §§106.1 to 106.4 Repealed by Acts 1981, No
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§106.1. §§106.1 to 106.4 Repealed by Acts 1981, No. 732, §4
La. Rev. Stat. § 23:1061 Principal contractors; liability
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§1061. Principal contractors; liability A.(1) Subject to the provisions of Paragraphs (2) and (3) of this Subsection, when any "principal" as defined in R.S. 23:1032(A)(2), undertakes to execute any work, which is a part of his trade, business, or occupation and contracts with an…
La. Rev. Stat. § 23:1062 Sub-contractors; liability
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§1062. Sub-contractors; liability Nothing in R.S. 23:1061 shall be construed as preventing an employee or his dependent from recovering compensation under this Chapter from the contractor instead of from the principal.
La. Rev. Stat. § 23:1063 Suits against principal contractors; subcontractors as co-defendants
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§1063. Suits against principal contractors; subcontractors as co-defendants A. A principal contractor, when sued by an employee of a subcontractor or his dependent, may call that contractor, or any intermediate contractor or contractors, as a co-defendant, and the principal contr…
La. Rev. Stat. § 23:107 Issuance of license; time for granting
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§107. Issuance of license; time for granting A. The assistant secretary, upon the compliance by the license applicant with the provisions of this Part, shall grant the applicant a license which shall be valid until the subsequent December thirty-first. Every license application s…
La. Rev. Stat. § 23:108 Violations by licensee; revocation or suspension
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§108. Violations by licensee; revocation or suspension A. Whenever a written complaint is filed with the assistant secretary alleging a violation of this Part or the regulations promulgated hereunder, the assistant secretary may serve notice of such allegation in writing upon the…
La. Rev. Stat. § 23:1081 Defenses
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§1081. Defenses Defenses. (1) No compensation shall be allowed for an injury caused: (a) by the injured employee's willful intention to injure himself or to injure another, or (b) by the injured employee's intoxication at the time of the injury, unless the employee's intoxication…
La. Rev. Stat. § 23:109 Revocation of license; effect
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§109. Revocation of license; effect A. Upon the revocation of any license, the assistant secretary shall take possession of the same and cancel it. B. No license shall be issued to a person whose license has been revoked, until the expiration of the time for which the revocation …
La. Rev. Stat. § 23:11 Power of secretary as to witnesses
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§11. Power of secretary as to witnesses A. The secretary or any authorized representative of the commission may administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, records, accounts, documents, and …
La. Rev. Stat. § 23:110 REPEALED BY ACTS 1992, NO
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§110. REPEALED BY ACTS 1992, NO. 633, §3, EFF. JAN. 1, 1993.
La. Rev. Stat. § 23:1101 Employee and employer suits against third persons; effect on right to compensation
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§1101. Employee and employer suits against third persons; effect on right to compensation A. When an injury or compensable sickness or disease for which compensation is payable under this Chapter has occurred under circumstances creating in some person (in this Section referred t…
La. Rev. Stat. § 23:1102 Employee or employer suits against third persons causing injury; notice of filing
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§1102. Employee or employer suits against third persons causing injury; notice of filing A.(1) If either the employee or his dependent or the employer or insurer brings suit against a third person as provided in R.S. 23:1101, he shall forthwith notify the other in writing of such…
La. Rev. Stat. § 23:1103 Damages; apportionment of between employer and employee in suits against third
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§1103. Damages; apportionment of between employer and employee in suits against third persons; compromise of claims; credit A.(1) In the event that the employer or the employee or his dependent becomes party plaintiff in a suit against a third person, as provided in R.S. 23:1102,…
La. Rev. Stat. § 23:1104 Quantification of employer fault
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§1104. Quantification of employer fault In a suit brought pursuant to R.S. 23:1101, the fault of persons immune from suit in tort under R.S. 23:1032 shall be assessed as a percentage of the aggregate fault of all persons causing or contributing to the employee's injury, and the f…
La. Rev. Stat. § 23:111 Regulation; restrictions and prohibitions
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§111. Regulation; restrictions and prohibitions A. The assistant secretary may regulate the reasonableness of the applicant fees charged in the schedules submitted. He shall give due consideration to the fee levels in effect in Louisiana and surrounding states. Each employment se…
La. Rev. Stat. § 23:112 Regulations; public hearings; assistantsecretary
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§112. Regulations; public hearings; assistantsecretary A. The assistant secretary shall have power to regulate and supervise the operation of the business of employment services and to make, prescribe, and enforce orders, rules, and regulations to effectuate the purpose of this P…
La. Rev. Stat. § 23:1121 Examination of injured employee
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§1121. Examination of injured employee A. An injured employee shall submit himself to an examination by a duly qualified medical practitioner provided and paid for by the employer, as soon after the accident as demanded, and from time to time thereafter as often as may be reasona…
La. Rev. Stat. § 23:1122 Employer's duty to cause examination of employee; rights of employee
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§1122. Employer's duty to cause examination of employee; rights of employee The employer shall cause the examination provided for in the preceding Section to be made immediately after knowledge or notice of the accident, and to serve a copy of the report of such examination made …
La. Rev. Stat. § 23:1123 Disputes as to condition or capacity to work; additional medical opinion regarding
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§1123. Disputes as to condition or capacity to work; additional medical opinion regarding an examination under supervision of the secretary If any dispute arises as to the condition of the employee, or the employee's capacity to work, the assistant secretary, upon application of …
La. Rev. Stat. § 23:1124 Refusal to submit to an additional medical opinion regarding an examination; effect
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§1124. Refusal to submit to an additional medical opinion regarding an examination; effect on right to compensation If the employee refuses to submit himself to an additional medical opinion regarding a medical examination at the behest of the employer or an examination conducted…
La. Rev. Stat. § 23:1124.1 Cumulative medical testimony; medical examination
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§1124.1. Cumulative medical testimony; medical examination Neither the claimant nor the respondent in hearing before the hearing officer shall be permitted to introduce the testimony of more than two physicians where the evidence of any additional physician would be cumulative te…
La. Rev. Stat. § 23:1125 Right of employee to written report of medical examination; penalty for failure to furnish
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§1125. Right of employee to written report of medical examination; penalty for failure to furnish A. Whenever an employee who is being treated by his choice of medical provider shall, at the request of the employer, the employer's insurer, or the representative of the employer or…
La. Rev. Stat. § 23:1126 Monitoring procedures of toxic substances in places of employment; access to records; penalties
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§1126. Monitoring procedures of toxic substances in places of employment; access to records; penalties Whenever any employer shall order or permit to be performed any procedure for the purpose of monitoring, detection or otherwise establishing the presence of any toxic substance,…
La. Rev. Stat. § 23:1127 Release of medical records and information
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§1127. Release of medical records and information A. It is the policy for the efficient administration of the workers' compensation system that there be reasonable access to medical information for all parties to coordinate and manage the care for the injured worker and to facili…
La. Rev. Stat. § 23:113 Violations of provisions; penalty
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§113. Violations of provisions; penalty A person who acts as an employment service without a license as provided in this Part shall be punished by a fine of not less than fifty nor more than one thousand dollars per violation, by imprisonment for not more than six months, or both…
La. Rev. Stat. § 23:1131 Repealed by Acts 2004, No
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§1131. Repealed by Acts 2004, No. 261, §1, eff. June 15, 2004.
La. Rev. Stat. § 23:114 Disposition of fees collected; expenses
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§114. Disposition of fees collected; expenses Out of funds collected under this Part the assistant secretary may pay expenses incurred in administering this Part. No expenses incurred by the assistant secretary in administering this Part shall be charged to the funds of the state…
La. Rev. Stat. § 23:1141 Attorney fees; privilege on compensation awards
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§1141. Attorney fees; privilege on compensation awards A. Claims of attorneys for legal services arising under this Chapter shall not be enforceable unless reviewed and approved by a workers' compensation judge. If so approved, such claims shall have a privilege upon the compensa…
La. Rev. Stat. § 23:1142 Approval of health care providers; fees
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§1142. Approval of health care providers; fees A. Definitions. For the purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Payor" shall mean the entity responsible, whether by law or contract, for th…
La. Rev. Stat. § 23:1143 Excessive fees or solicitation of employment; penalty; withholding attorney fees; approval by workers' compensation judge
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§1143. Excessive fees or solicitation of employment; penalty; withholding attorney fees; approval by workers' compensation judge A. Whoever exacts or receives a fee or gratuity for any services rendered on behalf of a claimant for compensation, except in the amount determined by …
La. Rev. Stat. § 23:1144 Repealed by Acts 2001, No
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§1144. Repealed by Acts 2001, No. 1014, §2, eff. June 27, 2001.
La. Rev. Stat. § 23:115 Enforcement of this Part through court action
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§115. Enforcement of this Part through court action The assistant secretary may institute any action in the courts necessary to enforce compliance with any provisions of this Part or with any rule, subpoena, or order of the assistant secretary made pursuant to the provisions of t…
La. Rev. Stat. § 23:116 §§116 to 121 Repealed by Acts 1981, No
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§116. §§116 to 121 Repealed by Acts 1981, No. 732, §4
La. Rev. Stat. § 23:1161 Insurance policies; application of provisions; approval by insurance commissioner; admitted carriers; exceptions
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§1161. Insurance policies; application of provisions; approval by insurance commissioner; admitted carriers; exceptions A. Every policy for the insurance of the compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions o…
La. Rev. Stat. § 23:1161.1 Workers' compensation claims office or licensed claims adjusters; waiver
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§1161.1. Workers' compensation claims office or licensed claims adjusters; waiver A. Any insurer, authorized or unauthorized, domestic, foreign, or alien, who issues a policy for workers' compensation in this state shall either establish and maintain a claims office within the st…
La. Rev. Stat. § 23:1162 Contents of insurance contract; enforcement by employee; subrogation of insurer
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§1162. Contents of insurance contract; enforcement by employee; subrogation of insurer A. No policy of insurance against liability arising under this Chapter shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to compen…
La. Rev. Stat. § 23:1163 Premium; contribution by employees prohibited; penalty
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§1163. Premium; contribution by employees prohibited; penalty A. It shall be unlawful for any employer, or his agent or representative, to collect from any of his employees directly or indirectly either by way of deduction from the employee's wages, salary, compensation, or other…
La. Rev. Stat. § 23:1164 Insolvency of employer; employee's rights against insurer
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§1164. Insolvency of employer; employee's rights against insurer If any employer carrying insurance against liability under this Chapter is or becomes insolvent, or if any execution upon a judgment for compensation against him is returned unsatisfied, any person entitled to payme…
La. Rev. Stat. § 23:1165 Additional compensation agreements; insurance
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§1165. Additional compensation agreements; insurance An employer and employee who have elected to come under the provisions of this Chapter or who may be subject thereto as provided for in R.S. 23:1034 may, by written agreement between themselves, provide for compensation in even…
La. Rev. Stat. § 23:1166 Issuance of policies; liability
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§1166. Issuance of policies; liability When an insurance company issues a policy of insurance to an employer covering claims for injuries to employees that may arise within the scope of the employer's business, the insurance company shall be estopped to deny liability on the grou…
La. Rev. Stat. § 23:1167 Insolvency of unauthorized ceding insurer; claim against assuming insurer
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§1167. Insolvency of unauthorized ceding insurer; claim against assuming insurer A. If worker's compensation insurance for an individual risk cannot be procured from an authorized insurer, such coverage may be procured from an unauthorized insurer pursuant to the provisions of R.…