LOUISIANA SUMMARY OF
2010 WORKERS' COMPENSATION LEGISLATION
Juge, Napolitano ,Guilbeau, Ruli, Frieman & Whiteley
Act 3 §1123 Disputes as to condition, capacity to work, or current medical
eff 5/11/10 treatment of employee
IME - Prior law only allowed when there was a dispute as to the condition of the employee ["disability"]. New law permits OWC to appoint IME if there is a dispute regarding "condition, capacity to work, or current medical treatment."
§1172.2 Unlawful practice
Requires insurers or self-insurance funds to notify the OWC when they have knowledge of any "false, fraudulent, or misleading statement" made for the purpose of avoiding, delaying, or diminishing the amount of payment of any workers' compensation premium.
The OWC will investigate the matter and, if appropriate, will refer it to the appropriate licensing agency and prosecuting authority.
§1201 Time and Place of payment of indemnity
New provision permits payment to worker by electronic transfer of funds, including direct deposit or use of a debit care. An injured worker represented by an attorney may elect to have his check deposited directly into his attorney's trust account. If the employee so elects, the payor or insurer shall provide notice by email only to the attorney with a list of all claims and amounts included in the direct deposit within 48 hours of direct deposit.
Act 120 §1035 Amends statute to clarify provisions regarding officer of corporation
eff 8/15/10 owning 10% or more of stock or sole proprietor may by written agreement elect not to be covered under the Workers' Compensation Act. Amendment specifies that the "written agreement" not to be covered under workers' compensation must be with the insurer or group self-insurance fund.
Act 4 Enacts new statute §1203.2 to authorize the OWC by January 1, 2012 to
eff 8/15/10 promulgate rules authorizing and providing for electronic invoicing and payments of workers' compensation related bills.
The statute will require insurance carriers to accept medical bills electronically submitted by medical providers and medical providers shall be required to accept payment electronically by insurance carriers.
Act 288 Penalties for failure to secure workers' compensation insurance
eff 8/15/10 The criminal penalties for willfully failing to provide security for workers' compensation has been amended to provide that for the first offence the maximum penalty of $10,000 thus the penalty of $250 per day is not limited if it is not the first offence regarding the willful failure to provide security for workers' compensation.
Act 53 Amends §1310.3 Mediation
eff 8/15/10 Paragraph (A) amended to require payment of filing fee within 5 days of mailing a claim for benefits.
Paragraph (B) deletes prior law requiring a mediation conference prior to defendant filing an answer. Paragraph (B) now states that the OWC will serve the defendant with the claim by certified mail and defendant shall file an Answer within 15 days of service.
Paragraph (D) now provides that the parties may file a joint request for mediation or the WCJ may on his own order a mediation. If joint request for mediation or ordered by WCJ, then the parties shall engage either the OWC mediator in the district or a private mediator agreed by the parties. Each party to have a person either present or by telephone who has authority to negotiate. Attorneys may also participate by phone.
Within 5 days of the conclusion of the mediation, the parties shall certify to the court the results of the mediation.
The parties may also request mediation prior to filing a dispute but such request shall not interrupt prescription.
The statute also provides for penalty (not to exceed $500) and attorney fees if a party fails to appear for mediation [after contradictory hearing].
Act 304 Amends §1293 Confidentiality of Records
eff 8/15/10 Removes from confidentiality statute the provision which prohibits the OWC from making available to the public the records identifying an injured employee or his dependent or the employer or his insurer.
New Paragraph (5) specifically permits OWC to allow an individual to determine from OWC records the insurer or self-insurer for a particular employer. This will not permit anyone to get a listing of all insureds for an insurer or self-insured group.
Reason: To enable employer to determine the identify of insurer .
Act 619 Changes deadline for Promulgating Medical Treatment Guidelines by OWC from 9/30/10 to 1/1/11.
Act 617 Amends R.S. 47:1508(B) Confidential character of tax records
eff 8/15/10 Permits furnishing of state tax information to the Secretary of Louisiana Workforce Commission for purpose of investigating fraud.
Act 794 Amends insurance code (Title 22) and labor code (Title 23) Self-Insurance Funds
eff 8/15/10 Provides for examination of WC self-insurance group funds by the Department of Insurance
Act 799 Amends and continues Second Injury Fund UNTIL 12/31/14.
eff 8/15/10 Changes to SIF include:
1. Creation of a registry of employees who have a permanent partial disability. An employer who hires, retains in employment or rehires an employee from the list will be presumed to have knowledge of the PPD;
2. Sunset of SIF - no claims with date of accident AFTER 12/31/14; pending claims must be supported by documentation on or before 12/31/16; pending claims will be approved or denied on or before 12/31/17; reimbursement from fund continues until all claims closed.
3. Interest income accrues to the fund;
4. New reimbursement schedule: All indemnity reimbursed after 104 weeks; medical reimbursement 100% after deductible of $25,000 BUT now vocational expenses 9if actually related to helping claimant find work) are included;
5. New provisions on what constitutes employer knowledge: For injuries after 12/31/10 knowledge of PPD established if - a. preexisting PPD was caused by job accident or occupational disease while employed by same employer seeking SIF reimbursement; b. PPD disclosed to employer on a form promulgated by the OWC; c. employer employs, retains or re-employs employee from the PPD Employee Registry; d. employer gives SIF an affidavit on a form established by OWC stating that person signing affidavit has hire and fire authority (now defined in the SIF statute), states how and when he acquired knowledge of PPD, states how the PPD was a hindrance to employment (of not one of the conditions presumed to be a hindrance and the affidavit has an acknowledgement that any false statement may result in penalties under §1208.
6. The listing of conditions that are presumed to establish a hindrance to employment and thus a PPD (§1378 F) was amended to change the description of some conditions to the more current medical usages while adding some new conditions such as Chronic Obstructive Pulmonary Disease (COPD), Post Traumatic Stress Disorder (PTSD), Alzheimer's Disease, Sickle Cell Anemia and joint replacement surgery.
Act 6 Amends unemployment statute R.S. 23:1660
eff 8/15/10 permits information to be provided to OWC regarding employee's receipt of UC benefits
Act 1051 Proposed Constitutional Amendment Article V, Section 8(B) - Judicial Branch
When a judgment of a OWC Judge is modified or reversed and one judge on the court of appeal dissents, the case shall be reargued before a panel of at least five judges before rendition of judgment.
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