Regulatory Compliance

CorVel is a national provider of industry leading workers’ compensation solutions to Louisiana payors. Incidents and injuries can be reported to our 24/7 call center, to the online claims system or via mobile apps. Reports are immediately processed by our proprietary rules engine where medical management begins immediately as needed, and the claim is assigned to a Claims Adjuster within one business day or less of initial receipt.

Our comprehensive return to work program ensures collaboration and communication with all interested parties including the injured worker, employer, human resources, medical and safety teams, and healthcare providers.  We use technology, compassionate case management for employees and cost containment measures, to give Louisiana employers a superior program.

 

Louisiana Regulatory Updates 07/11/2024

HB 200 – Workers Compensation:  Provides Relative to Past Payments of Workers’ Compensation Premiums

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 02/28/2024:This measure applies to workers’ compensation.

This measure prohibits an insurer from collecting past payments of workers’ compensation premiums from an insured for a claim that arises out of the misclassification of an employee unless the insurer provides written notice to the insured by within 90 days of discovery of the misclassification.

This measure prohibits an insurer from recovering past payments on premiums if the insurer conducts an audit and fails to notify the insured within 90 days of discovery of the error. An audit by the insurer shall serve as notice to the insured.

This measure prohibits an insurer from collecting past payments on premiums that occurred three years prior to the insured being notified of the misclassification, unless it is determined by a court of competent jurisdiction that the misclassification was a result of fraud by the insured. This measure is effective August 1, 2024.

Most Recent Update:

• 06/25/2024 – Enacted Without Signature
• 06/04/2024 – Sent to Governor Jeff Landry (R)

HB 198 – Workers Compensation: Workers Compensation:  Provides For Adoption of a Medical Fee Reimbursement Schedule For Workers’ Compensation

Issues: Workers’ Compensation   (General)

Summary For 02/28/2024

This measure applies to the adoption of a medical fee reimbursement schedule for workers’ compensation. This measure sets the workers’ compensation reimbursement schedule at the amount that would be due under Medicare times a multiplier of one and one-half, or the actual charge made for the service, whichever is less. This measure is effective August 1, 2024.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 618 – Workers Compensation:  Provides Relative to Accident Reporting and Access to Medical Records and Information Related to Claims

Issues: Workers’ Compensation   (General)

Summary For 05/23/2024: 

This measure allows employers to send a medical record release authorization form to the employee’s last known address. If employees do not sign and return an authorization form to the employer benefits may be suspended. The suspension is to be lifted upon the employee’s compliance with retroactive benefits restored. It authorizes a judge to order signature, unless good cause is shown for refusal.

This measure takes effect August 1, 2024.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

Louisiana SB 324 – Workers’ Compensation:  Provides Relative to Accident Reporting and Access to Medical Records and Information Related to Claims. (8/1/24)

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024

This measure requires employees to sign and return an authorization form to release medical records within 10 business days to the employer and benefits may be suspended if an employee fails to comply. Benefits may not be suspended if the workers’ compensation judge has determined good cause for the employee’s refusal to comply. The workers’ compensation judge must order the employee to sign and return the release and require the employee to reimburse all costs and attorney fees incurred by or on behalf of the employer as a result of the refusal if good cause is not determined.

This measure requires a notice of injury to be given to the employer as soon as possible but no more than 30 days after the date of the injury or death. A presumption that the injury or death of an employee did not occur during employment if notice of the death or injury is not provided within 30 days for a claim. The employer must send a report to the insurer or administrator of the employer’s workers’ compensation claims within 10 days of receiving the notice or actual knowledge of injury resulting in death or in lost time over one week after the injury or death. Failure to submit the report is subject to a penalty of $500 per report.

This measure takes effect August 1, 2024.

Most Recent Update: 06/03/2024 – Failed Upon Adjournment

HB 529 – Workers Compensation:  Provides Relative to the Determination of the Average Weekly Wage

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 05/16/2024

This measure redefines wages for purposes of workers’ compensation as any of the following: the employee’s total earnings paid by the employer divided by the number of weeks the employee worked, up to a maximum of 52 weeks. It includes paid sick leave, paid holidays and paid vacation, but excludes earned by not paid holidays and leave. It also includes tips, incentive pay and pay from concurrent employment, with the employee bearing the burden of proving concurrent employment. It does not allow total earnings to exceed actual paid earnings that would have been paid had the employee worked 40 hours per week. It excludes the first week of employment, any weeks where wages were unpaid due to FMLA, and the week of the work accident.

If the employee has not worked a full week at the time of the accident, it uses the agreed upon wage. In cases lacking an agreement on wages, the wage of similar employees in a similar class of employee will be used. It also allows basing payment on employment for more than 40 hours per week for an hourly employee.

It includes exemptions for municipal police officers and income tax. It also sets the date of the accident in occupational disease claims at the date of last injurious exposure or the date of last employment, whichever is later.

This measure takes effect August 1 after enacted.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 556 – Workers Compensation:  Provides Relative to an Injury Producing the Permanent Total Disability of an Employee

Issues: Workers’ Compensation (General)

Summary For 05/02/2024

This measure requires any compensable injury producing permanent total disability to engage in any self-employment or occupation in which the employee was engaged when injured, and whether or not an occupation for which the employee at the time of injury was fitted due to education, training, or experience, occurring on or after August 1, 2024, for which permanent total disability continues. The injured employee must be entitled to an adjustment in the weekly compensation rate, based on the following formula: (1) determine the percentage of the injured employee’s average weekly wage at the time of the injury to the state’s average weekly wage for the same corresponding year; (2) determine the adjusted average weekly wage of the injured employee by applying the percentage determined against the state’s current average weekly wage which is established annually on August 1 of each year as of the quarter ending on the immediately preceding March 31 of each year for the previous calendar year; and  (3) determine the revised weekly rate of compensation by applying the adjusted average weekly wage to the current schedule.

This measure establishes that injured employees are entitled to weekly compensation rate adjustments at one-year intervals beginning on August 1 of each year with the initial review occurring on or after the third anniversary of the injury. Adjustments may only apply to injuries that result in temporary total or permanent total disability and must not be retroactive from the anniversary date of review.

This measure requires every insurance carrier or self-insured employer to report compensable injury cases to the Secretary of the Louisiana Workforce Commission if permanent total disability payments continue or are expected to continue for six months from the injury date.

This measure takes effect August 1 after enacted.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 668 – Workers Compensation:  Provides Relative to Benefits and Period of Disability

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024: This measure makes changes related to workers’ compensation.

Disputes: This measure adds disputes concerning the diagnosis or causation of the injury or occupational disease, work restrictions, physical limitations, and degree of disability to the criteria that are subject to an additional medical opinion.

Burial expenses: This measure increases the maximum burial expenses amount an employer must pay from $8,500 to $12,500 and requires employers to pay the difference to the deceased employee’s heirs if burial expenses are less than $12,500.

Temporary total disability: This measure requires benefits based on temporary total disability to cease under any of the following circumstances: (1) the employee is engaged or can engage in any self-employment or occupation for wages; (2) the employee has reached maximum medical improvement; (3) 26 weeks following the work accident and a preponderance of the medical evidence shows that the employee will remain temporarily totally disabled and is unable to engage in any self-employment or occupation for wages. No benefits may be paid for more than a total of 350 weeks following the work accident. Permanent total disability must not exceed a maximum of 450 weeks.

This measure requires temporary partial disability to not exceed a maximum of 350 weeks and must terminate: (1) when the employee is earning or can earn wages equal to 90% percent or more of wages at the time of injury; (2) after receipt of a maximum of 350 cumulative weeks of benefits; (3) when the employee has reached 70 and is receiving regular retirement income benefits from any source. An employee with pre-existing conditions may only be entitled to benefits to the extent and for the period that the accident objectively aggravates or increases the pre-existing disability, impairment, or disease. This measure changes the term supplemental earnings benefits to temporary partial disability.

Vocational rehabilitation services: This measure requires an employer, upon written request, to provide vocational rehabilitation services for returning the employee to any self-employment or occupation for wages and establishing wage-earning capacity. An employer may file a claim to review the need for a licensed professional vocational rehabilitation counselor to evaluate and assist the employee in job placement or vocational training. The employer or payor may reduce weekly compensation, including temporary partial disability, if an employee does not cooperate with vocational rehabilitation. Jobs identified by a licensed professional vocational rehabilitation counselor are deemed suitable for establishing the employee’s wage-earning capacity.

Lump sums: This measure changes the lump sum payment for an employee with no legal dependents, whether biological or adopted, from $75,000 to $100,000. The amount must be paid to the employee’s surviving biological and adopted children who are 18 or older. This measure changes the lump sum payment for an employee with no legal dependents and no biological or adopted children from $75,000 to $100,000. The amount must be paid to each surviving parent of the deceased employee.

Effective date: This measure takes effect August 1 after enacted.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 703 – Workers Compensation:  Provides Relative to Controversion of Benefits, Preliminary Determination Hearings, Disputed Claims, and Penalties and Attorney Fees

Issues: Workers’ Compensation  (General)

Summary For 03/13/2024:  This measure makes changes related to workers’ compensation.

Attorney fees and penalties: This measure establishes that the maximum amount of attorney fees that may be imposed at a hearing, regardless of the number of penalties, is $8,000, excluding any additional fees.

This measure provides that an award of penalties and attorney fees at any hearing on the merits will be adjudicated to all claims for which penalties may be imposed. This provision does not apply if the employee has failed to submit an amicable demand for the benefit in dispute to the employer or insurer, in writing, or if following receipt of the employee’s amicable demand, the employer or insurer pays the disputed benefit within 10 business days.

Claims: This measure requires the employer or payor who has been notified of the claim to do the following upon the first payment of compensation indemnity benefits: (1) send the notice and copy of the notice of the initial indemnity payment to the injured employee any time within 10 business days of the first payment of indemnity benefits by mail, email, facsimile, hand-delivery, or any commercial carrier express delivery; and (2) send the “Notice of Payment, Modification, Suspension, Termination, or Controversion of Compensation and/or Medical Benefits” and a copy to the injured employee any time within 10 business days to the employee by either by mail, email, facsimile, hand-delivery, or any commercial carrier express delivery. The notice must also be provided to the employee’s representative if the injured employee is represented by an attorney. Any injured employee or their representative who disagrees with the information provided on the notice must notify the employer or payor of amicable demand within 10 business days. Any injured employee or their representative must notify the employer or payor by letter for the contention of entitlement to compensation or medical benefits if no first payment of compensation has been made on the claim.

Amicable demands: This measure changes the time for making amicable demands from seven days to 10 days.  Preliminary determination: This measure allows an employer or payor to be entitled to a preliminary determination regarding the notice of the initial indemnity payment, modification, suspension, termination, controversion, or any amicable demand if the employer or payor has complied with the requirements of this measure. An employer who fails to request a preliminary determination may be subject to penalties and attorney fees. Any dispute by the employee or their representative for the request for a preliminary determination hearing by the employer or payor must be filed by a formal motion with the court within 10 business days of the employer’s or payor’s motion.

Effective date: This measure takes effect August 1, 2024.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

SB 315 – Workers’ Compensation:  Provides Relative to Benefits and Period of Disability. (8/1/24)

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024

This measure makes changes related to workers’ compensation.

Disputes: This measure adds disputes concerning the diagnosis or causation of the injury or occupational disease, work restrictions, physical limitations, and degree of disability to the criteria that are subject to an additional medical opinion.

Burial expenses: This measure increases the maximum burial expenses amount an employer must pay from $8,500 to $12,500 and requires employers to pay the difference to the deceased employee’s heirs if burial expenses are less than $12,500.

Temporary total disability: This measure requires benefits based on temporary total disability to cease under any of the following circumstances: (1) the employee is engaged or can engage in any self-employment or occupation for wages; (2) the employee has reached maximum medical improvement; (3) 26 weeks following the work accident and a preponderance of the medical evidence shows that the employee will remain temporarily totally disabled and is unable to engage in any self-employment or occupation for wages. No benefits may be paid for more than a total of 350 weeks following the work accident. Permanent total disability must not exceed a maximum of 450 weeks.

This measure requires temporary partial disability to not exceed a maximum of 350 weeks and must terminate: (1) when the employee is earning or can earn wages equal to 90% percent or more of wages at the time of injury; (2) after receipt of a maximum of 350 cumulative weeks of benefits; (3) when the employee has reached 70 and is receiving regular retirement income benefits from any source. An employee with pre-existing conditions may only be entitled to benefits to the extent and for the period that the accident objectively aggravates or increases the pre-existing disability, impairment, or disease.

This measure changes the term supplemental earnings benefits to temporary partial disability.

Vocational rehabilitation services: This measure requires an employer, upon written request, to provide vocational rehabilitation services for returning the employee to any self-employment or occupation for wages and establishing wage-earning capacity. An employer may file a claim to review the need for a licensed professional vocational rehabilitation counselor to evaluate and assist the employee in job placement or vocational training. The employer or payor may reduce weekly compensation, including temporary partial disability, if an employee does not cooperate with vocational rehabilitation. Jobs identified by a licensed professional vocational rehabilitation counselor are deemed suitable for establishing the employee’s wage-earning capacity.

Lump sums: This measure changes the lump sum payment for an employee with no legal dependents, whether biological or adopted, from $75,000 to $100,000. The amount must be paid to the employee’s surviving biological and adopted children who are 18 or older.

This measure changes the lump sum payment for an employee with no legal dependents and no biological or adopted children from $75,000 to $100,000. The amount must be paid to each surviving parent of the deceased employee.

Effective date: This measure takes effect August 1, 2024.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

Louisiana SB 319 – Workers’ Compensation:  Provides Relative to Workers’ Compensation Penalties and Attorney Fees. (8/1/24)

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024

This measure makes changes related to workers’ compensation.

Attorney fees and penalties: This measure establishes that the maximum amount of attorney fees that may be imposed at a hearing, regardless of the number of penalties, is $8,000, excluding any additional fees.

This measure provides that an award of penalties and attorney fees at any hearing on the merits will be adjudicated to all claims for which penalties may be imposed. This provision does not apply if the employee has failed to submit an amicable demand for the benefit in dispute to the employer or insurer, in writing, or if following receipt of the employee’s amicable demand, the employer or insurer pays the disputed benefit within 10 business days.

Claims: This measure requires the employer or payor who has been notified of the claim to do the following upon the first payment of compensation indemnity benefits: (1) send the notice and copy of the notice of the initial indemnity payment to the injured employee any time within 10 business days of the first payment of indemnity benefits by mail, email, facsimile, hand-delivery, or any commercial carrier express delivery; and (2) send the “Notice of Payment, Modification, Suspension, Termination, or Controversion of Compensation and/or Medical Benefits” and a copy to the injured employee any time within 10 business days to the employee by either by mail, email, facsimile, hand-delivery, or any commercial carrier express delivery. The notice must also be provided to the employee’s representative if the injured employee is represented by an attorney. Any injured employee or their representative who disagrees with the information provided on the notice must notify the employer or payor of amicable demand within 10 business days. Any injured employee or their representative must notify the employer or payor by letter for the contention of entitlement to compensation or medical benefits if no first payment of compensation has been made on the claim.

Amicable demands: This measure changes the time for making amicable demands from seven days to 10 days.

Preliminary determination: This measure allows an employer or payor to be entitled to a preliminary determination regarding the notice of the initial indemnity payment, modification, suspension, termination, controversion, or any amicable demand if the employer or payor has complied with the requirements of this measure. An employer who fails to request a preliminary determination may be subject to penalties and attorney fees. Any dispute by the employee or their representative for the request for a preliminary determination hearing by the employer or payor must be filed by a formal motion with the court within 10 business days of the employer’s or payor’s motion.

Effective date: This measure takes effect August 1, 2024.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

SB 366 – Workers’ Compensation:  Provides Relative to the Workers’ Compensation Weekly Wage. (8/1/24)

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/13/2024

This measure redefines wages for purposes of workers’ compensation as any of the following: (1) the employee’s total earnings paid by the employer during the 52 weeks preceding the date of the work accident and excluding the week of the injury, divided by 52; (2) the average weekly wage must be determined by dividing the employee’s total earnings by the total number of weeks worked, excluding the week of the injury if the employee has worked less than 52 weeks preceding the date of the work accident; (3) the average weekly wage must be determined based on the average weekly amount earned by a person in the same or similar job level or classification in the community If the employee worked less than four weeks; and (4) wages must not include any earnings paid or received by the employee from any source other than the employment from which the accident or occupational disease arises.

This measure takes effect August 1 after enacted.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 769 – Workers Compensation:  Creates a Civil Liability For Denial of Medical Expenses

Issues: Workers’ Compensation  (General)

Summary For 03/26/2024:
This measure grants employers a cause of action against workers’ compensation insurers for the cost of healthcare benefits paid by the company up to the amount the workers’ compensation insurer is liable for. It allows a penalty of up to 24% of the benefits recovered, in addition to attorneys’ fees if the workers’ compensation insurer’s denial was not the result of reasonable controversion. It also makes unrelated technical corrections to the workers’ compensation statute.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 765 – Workers Compensation:  Provides Relative to a Presumption of Compensability Under Workers’ Compensation

Issues: Workers’ Compensation (General)

Summary For 03/26/2024: This measure provides a rebuttable presumption of compensability under workers’ compensation in the 90 days following an accident.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 764 – Workers Compensation:  Provides Relative to Defenses In Workers’ Compensation Claims

Issues: Workers’ Compensation (General)

Summary For 03/26/2024: This measure blocks defenses relating to lack of compensability in workers’ compensation appeals cases if the lack of compensability was not asserted at the first opportunity as a reason for denial of authorization.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 863 – Workers Compensation: Provides For Adoption of a Medical Fee Reimbursement Schedule For Workers’ Compensation

Issues: Workers’ Compensation (General)

Summary For 04/19/2024

This measure requires workers’ compensation rates to be reasonable in relation to surrounding states.

This measure requires promulgation of the fee schedule to be effective by January 1, 2026.

This measure removes provisions made obsolete by this new fee schedule and consulting process, including the old survey process for rate determinations.

This measure allows the assistant secretary to examine potential processes to expedite care, reduce paperwork, expand access, and consider stakeholders when calculating reimbursement schedules. 

It requires the Office of Workers’ Compensation Administration to send a quarterly report to the legislature the rate study and processes. 

This measure goes into effect August 1 after enacted.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

HB 870 – Workers Compensation: Provides For Adoption of a Medical Fee Reimbursement Schedule For Workers’ Compensation

Issues: Workers’ Compensation (General)

Summary For 04/03/2024

This measure sets the workers’ compensation fee schedule at 150% of the Medicare rate for a given service, or 162% of the rate for a procedure with no specific Medicare rate, with the burden of proof that the amount is reasonable on the party seeking reimbursement. It allows administrative adoption of rates when no Medicare rates are available.

It allows award of attorney’s fees to the prevailing party in cases of disputes over rates.

Most Recent Update:

• 06/03/2024 – Failed Upon Adjournment

Louisiana Regulatory Updates 04/11/2024

HB 200 – Workers Compensation:  Provides Relative to Past Payments of Workers’ Compensation Premiums

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 02/28/2024:This measure applies to workers’ compensation.

This measure prohibits an insurer from collecting past payments of workers’ compensation premiums from an insured for a claim that arises out of the misclassification of an employee unless the insurer provides written notice to the insured by within 90 days of discovery of the misclassification.

This measure prohibits an insurer from recovering past payments on premiums if the insurer conducts an audit and fails to notify the insured within 90 days of discovery of the error. An audit by the insurer shall serve as notice to the insured.

This measure prohibits an insurer from collecting past payments on premiums that occurred three years prior to the insured being notified of the misclassification, unless it is determined by a court of competent jurisdiction that the misclassification was a result of fraud by the insured. This measure is effective August 1, 2024.

Most Recent Update:This measure was referred to the House Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

Louisiana HB 618 – Workers Compensation:  Provides Relative to Accident Reporting and Access to Medical Records and Information Related to Claims

Issues: Workers’ Compensation   (General)

Summary For 03/13/2024: 
This measure requires employees to sign and return an authorization form to release medical records within 10 business days to the employer and benefits may be suspended if an employee fails to comply. Benefits may not be suspended if the workers’ compensation judge has determined good cause for the employee’s refusal to comply. The workers’ compensation judge must order the employee to sign and return the release and require the employee to reimburse all costs and attorney fees incurred by or on behalf of the employer as a result of the refusal if good cause is not determined.

This measure requires a notice of injury to be given to the employer as soon as possible but no more than 30 days after the date of the injury or death. A presumption that the injury or death of an employee did not occur during employment if notice of the death or injury is not provided within 30 days for a claim. The employer must send a report to the insurer or administrator of the employer’s workers’ compensation claims within 10 days of receiving the notice or actual knowledge of injury resulting in death or in lost time over one week after the injury or death. Failure to submit the report is subject to a penalty of $500 per report.

This measure takes effect August 1, 2024.

Most Recent Update: This measure was referred to the House Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

Louisiana SB 324 – Workers’ Compensation:  Provides Relative to Accident Reporting and Access to Medical Records and Information Related to Claims. (8/1/24)

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024

This measure requires employees to sign and return an authorization form to release medical records within 10 business days to the employer and benefits may be suspended if an employee fails to comply. Benefits may not be suspended if the workers’ compensation judge has determined good cause for the employee’s refusal to comply. The workers’ compensation judge must order the employee to sign and return the release and require the employee to reimburse all costs and attorney fees incurred by or on behalf of the employer as a result of the refusal if good cause is not determined.

This measure requires a notice of injury to be given to the employer as soon as possible but no more than 30 days after the date of the injury or death. A presumption that the injury or death of an employee did not occur during employment if notice of the death or injury is not provided within 30 days for a claim. The employer must send a report to the insurer or administrator of the employer’s workers’ compensation claims within 10 days of receiving the notice or actual knowledge of injury resulting in death or in lost time over one week after the injury or death. Failure to submit the report is subject to a penalty of $500 per report.

This measure takes effect August 1, 2024.

Most Recent Update: This measure was referred to the Senate Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

HB 529 – Workers Compensation:  Provides Relative to the Determination of the Average Weekly Wage

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024

This measure redefines wages for purposes of workers’ compensation as any of the following: (1) the employee’s total earnings paid by the employer during the 52 weeks preceding the date of the work accident and excluding the week of the injury, divided by 52; (2) the average weekly wage must be determined by dividing the employee’s total earnings by the total number of weeks worked, excluding the week of the injury if the employee has worked less than 52 weeks preceding the date of the work accident; (3) the average weekly wage must be determined based on the average weekly amount earned by a person in the same or similar job level or classification in the community If the employee worked less than four weeks; and (4) wages must not include any earnings paid or received by the employee from any source other than the employment from which the accident or occupational disease arises.  This measure takes effect August 1 after enacted.

Most Recent Update:This measure was referred to the Senate Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

HB 556 – Workers Compensation:  Provides Relative to an Injury Producing the Permanent Total Disability of an Employee

Issues: Workers’ Compensation (General)

Summary For 03/05/2024

This measure requires any compensable injury producing permanent total disability to engage in any self-employment or occupation in which the employee was engaged when injured, and whether or not an occupation for which the employee at the time of injury was fitted due to education, training, or experience, occurring on or after August 1, 2024, for which permanent total disability continues. The injured employee must be entitled to an adjustment in the weekly compensation rate, based on the following formula: (1) determine the percentage of the injured employee’s average weekly wage at the time of the injury to the state’s average weekly wage for the same corresponding year; (2) determine the adjusted average weekly wage of the injured employee by applying the percentage determined against the state’s current average weekly wage which is established annually on August 1 of each year as of the quarter ending on the immediately preceding March 31 of each year for the previous calendar year; and  (3) determine the revised weekly rate of compensation by applying the adjusted average weekly wage to the current schedule.

This measure establishes that injured employees are entitled to weekly compensation rate adjustments at one-year intervals beginning on August 1 of each year with the initial review occurring on or after the third anniversary of the injury. Adjustments may only apply to injuries that result in temporary total or permanent total disability and must not be retroactive from the anniversary date of review.

This measure requires every insurance carrier or self-insured employer to report compensable injury cases to the Secretary of the Louisiana Workforce Commission if permanent total disability payments continue or are expected to continue for six months from the injury date.

This measure takes effect August 1 after enacted.

Most Recent Update: This measure was referred to the Senate Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

HB 668 – Workers Compensation:  Provides Relative to Benefits and Period of Disability

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024: This measure makes changes related to workers’ compensation.

Disputes: This measure adds disputes concerning the diagnosis or causation of the injury or occupational disease, work restrictions, physical limitations, and degree of disability to the criteria that are subject to an additional medical opinion.

Burial expenses: This measure increases the maximum burial expenses amount an employer must pay from $8,500 to $12,500 and requires employers to pay the difference to the deceased employee’s heirs if burial expenses are less than $12,500.

Temporary total disability: This measure requires benefits based on temporary total disability to cease under any of the following circumstances: (1) the employee is engaged or can engage in any self-employment or occupation for wages; (2) the employee has reached maximum medical improvement; (3) 26 weeks following the work accident and a preponderance of the medical evidence shows that the employee will remain temporarily totally disabled and is unable to engage in any self-employment or occupation for wages. No benefits may be paid for more than a total of 350 weeks following the work accident. Permanent total disability must not exceed a maximum of 450 weeks.

This measure requires temporary partial disability to not exceed a maximum of 350 weeks and must terminate: (1) when the employee is earning or can earn wages equal to 90% percent or more of wages at the time of injury; (2) after receipt of a maximum of 350 cumulative weeks of benefits; (3) when the employee has reached 70 and is receiving regular retirement income benefits from any source. An employee with pre-existing conditions may only be entitled to benefits to the extent and for the period that the accident objectively aggravates or increases the pre-existing disability, impairment, or disease. This measure changes the term supplemental earnings benefits to temporary partial disability.

Vocational rehabilitation services: This measure requires an employer, upon written request, to provide vocational rehabilitation services for returning the employee to any self-employment or occupation for wages and establishing wage-earning capacity. An employer may file a claim to review the need for a licensed professional vocational rehabilitation counselor to evaluate and assist the employee in job placement or vocational training. The employer or payor may reduce weekly compensation, including temporary partial disability, if an employee does not cooperate with vocational rehabilitation. Jobs identified by a licensed professional vocational rehabilitation counselor are deemed suitable for establishing the employee’s wage-earning capacity.

Lump sums: This measure changes the lump sum payment for an employee with no legal dependents, whether biological or adopted, from $75,000 to $100,000. The amount must be paid to the employee’s surviving biological and adopted children who are 18 or older. This measure changes the lump sum payment for an employee with no legal dependents and no biological or adopted children from $75,000 to $100,000. The amount must be paid to each surviving parent of the deceased employee.

Effective date: This measure takes effect August 1 after enacted.

Most Recent Update: This measure was referred to the House Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

HB 703 – Workers Compensation:  Provides Relative to Controversion of Benefits, Preliminary Determination Hearings, Disputed Claims, and Penalties and Attorney Fees

Issues: Workers’ Compensation  (General)

Summary For 03/13/2024:  This measure makes changes related to workers’ compensation.

Attorney fees and penalties: This measure establishes that the maximum amount of attorney fees that may be imposed at a hearing, regardless of the number of penalties, is $8,000, excluding any additional fees.

This measure provides that an award of penalties and attorney fees at any hearing on the merits will be adjudicated to all claims for which penalties may be imposed. This provision does not apply if the employee has failed to submit an amicable demand for the benefit in dispute to the employer or insurer, in writing, or if following receipt of the employee’s amicable demand, the employer or insurer pays the disputed benefit within 10 business days.

Claims: This measure requires the employer or payor who has been notified of the claim to do the following upon the first payment of compensation indemnity benefits: (1) send the notice and copy of the notice of the initial indemnity payment to the injured employee any time within 10 business days of the first payment of indemnity benefits by mail, email, facsimile, hand-delivery, or any commercial carrier express delivery; and (2) send the “Notice of Payment, Modification, Suspension, Termination, or Controversion of Compensation and/or Medical Benefits” and a copy to the injured employee any time within 10 business days to the employee by either by mail, email, facsimile, hand-delivery, or any commercial carrier express delivery. The notice must also be provided to the employee’s representative if the injured employee is represented by an attorney. Any injured employee or their representative who disagrees with the information provided on the notice must notify the employer or payor of amicable demand within 10 business days. Any injured employee or their representative must notify the employer or payor by letter for the contention of entitlement to compensation or medical benefits if no first payment of compensation has been made on the claim.

Amicable demands: This measure changes the time for making amicable demands from seven days to 10 days.  Preliminary determination: This measure allows an employer or payor to be entitled to a preliminary determination regarding the notice of the initial indemnity payment, modification, suspension, termination, controversion, or any amicable demand if the employer or payor has complied with the requirements of this measure. An employer who fails to request a preliminary determination may be subject to penalties and attorney fees. Any dispute by the employee or their representative for the request for a preliminary determination hearing by the employer or payor must be filed by a formal motion with the court within 10 business days of the employer’s or payor’s motion.

Effective date: This measure takes effect August 1, 2024.

Most Recent Update: This measure was referred to the House Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

SB 315 – Workers’ Compensation:  Provides Relative to Benefits and Period of Disability. (8/1/24)

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024

This measure makes changes related to workers’ compensation.

Disputes: This measure adds disputes concerning the diagnosis or causation of the injury or occupational disease, work restrictions, physical limitations, and degree of disability to the criteria that are subject to an additional medical opinion.

Burial expenses: This measure increases the maximum burial expenses amount an employer must pay from $8,500 to $12,500 and requires employers to pay the difference to the deceased employee’s heirs if burial expenses are less than $12,500.

Temporary total disability: This measure requires benefits based on temporary total disability to cease under any of the following circumstances: (1) the employee is engaged or can engage in any self-employment or occupation for wages; (2) the employee has reached maximum medical improvement; (3) 26 weeks following the work accident and a preponderance of the medical evidence shows that the employee will remain temporarily totally disabled and is unable to engage in any self-employment or occupation for wages. No benefits may be paid for more than a total of 350 weeks following the work accident. Permanent total disability must not exceed a maximum of 450 weeks.

This measure requires temporary partial disability to not exceed a maximum of 350 weeks and must terminate: (1) when the employee is earning or can earn wages equal to 90% percent or more of wages at the time of injury; (2) after receipt of a maximum of 350 cumulative weeks of benefits; (3) when the employee has reached 70 and is receiving regular retirement income benefits from any source. An employee with pre-existing conditions may only be entitled to benefits to the extent and for the period that the accident objectively aggravates or increases the pre-existing disability, impairment, or disease.

This measure changes the term supplemental earnings benefits to temporary partial disability.

Vocational rehabilitation services: This measure requires an employer, upon written request, to provide vocational rehabilitation services for returning the employee to any self-employment or occupation for wages and establishing wage-earning capacity. An employer may file a claim to review the need for a licensed professional vocational rehabilitation counselor to evaluate and assist the employee in job placement or vocational training. The employer or payor may reduce weekly compensation, including temporary partial disability, if an employee does not cooperate with vocational rehabilitation. Jobs identified by a licensed professional vocational rehabilitation counselor are deemed suitable for establishing the employee’s wage-earning capacity.

Lump sums: This measure changes the lump sum payment for an employee with no legal dependents, whether biological or adopted, from $75,000 to $100,000. The amount must be paid to the employee’s surviving biological and adopted children who are 18 or older.

This measure changes the lump sum payment for an employee with no legal dependents and no biological or adopted children from $75,000 to $100,000. The amount must be paid to each surviving parent of the deceased employee.

Effective date: This measure takes effect August 1, 2024.

Most Recent Update: This measure was referred to the Senate Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

Louisiana SB 319 – Workers’ Compensation:  Provides Relative to Workers’ Compensation Penalties and Attorney Fees. (8/1/24)

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/05/2024

This measure makes changes related to workers’ compensation.

Attorney fees and penalties: This measure establishes that the maximum amount of attorney fees that may be imposed at a hearing, regardless of the number of penalties, is $8,000, excluding any additional fees.

This measure provides that an award of penalties and attorney fees at any hearing on the merits will be adjudicated to all claims for which penalties may be imposed. This provision does not apply if the employee has failed to submit an amicable demand for the benefit in dispute to the employer or insurer, in writing, or if following receipt of the employee’s amicable demand, the employer or insurer pays the disputed benefit within 10 business days.

Claims: This measure requires the employer or payor who has been notified of the claim to do the following upon the first payment of compensation indemnity benefits: (1) send the notice and copy of the notice of the initial indemnity payment to the injured employee any time within 10 business days of the first payment of indemnity benefits by mail, email, facsimile, hand-delivery, or any commercial carrier express delivery; and (2) send the “Notice of Payment, Modification, Suspension, Termination, or Controversion of Compensation and/or Medical Benefits” and a copy to the injured employee any time within 10 business days to the employee by either by mail, email, facsimile, hand-delivery, or any commercial carrier express delivery. The notice must also be provided to the employee’s representative if the injured employee is represented by an attorney. Any injured employee or their representative who disagrees with the information provided on the notice must notify the employer or payor of amicable demand within 10 business days. Any injured employee or their representative must notify the employer or payor by letter for the contention of entitlement to compensation or medical benefits if no first payment of compensation has been made on the claim.

Amicable demands: This measure changes the time for making amicable demands from seven days to 10 days.

Preliminary determination: This measure allows an employer or payor to be entitled to a preliminary determination regarding the notice of the initial indemnity payment, modification, suspension, termination, controversion, or any amicable demand if the employer or payor has complied with the requirements of this measure. An employer who fails to request a preliminary determination may be subject to penalties and attorney fees. Any dispute by the employee or their representative for the request for a preliminary determination hearing by the employer or payor must be filed by a formal motion with the court within 10 business days of the employer’s or payor’s motion.

Effective date: This measure takes effect August 1, 2024.

Most Recent Update: This measure was referred to the Senate Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

SB 366 – Workers’ Compensation:  Provides Relative to the Workers’ Compensation Weekly Wage. (8/1/24)

Issues: Workers’ Compensation (Prescription Drug Formulary), Workers’ Compensation (General)

Summary For 03/13/2024

This measure redefines wages for purposes of workers’ compensation as any of the following: (1) the employee’s total earnings paid by the employer during the 52 weeks preceding the date of the work accident and excluding the week of the injury, divided by 52; (2) the average weekly wage must be determined by dividing the employee’s total earnings by the total number of weeks worked, excluding the week of the injury if the employee has worked less than 52 weeks preceding the date of the work accident; (3) the average weekly wage must be determined based on the average weekly amount earned by a person in the same or similar job level or classification in the community If the employee worked less than four weeks; and (4) wages must not include any earnings paid or received by the employee from any source other than the employment from which the accident or occupational disease arises.

This measure takes effect August 1 after enacted.

Most Recent Update: This measure was referred to the Senate Committee on Labor and Industrial Relations Committee. The measure is eligible for consideration in the committee of referral.

HB 769 – Workers Compensation:  Creates a Civil Liability For Denial of Medical Expenses

Issues: Workers’ Compensation  (General)

Summary For 03/26/2024:
This measure grants employers a cause of action against workers’ compensation insurers for the cost of healthcare benefits paid by the company up to the amount the workers’ compensation insurer is liable for. It allows a penalty of up to 24% of the benefits recovered, in addition to attorneys’ fees if the workers’ compensation insurer’s denial was not the result of reasonable controversion. It also makes unrelated technical corrections to the workers’ compensation statute.

Most Recent Update: On March 26 this measure was referred to the House Committee on Labor and Industrial Relations, chaired by Representative Raymond J. Crews (R).It is eligible for consideration in the committee of referral.

HB 765 – Workers Compensation:  Provides Relative to a Presumption of Compensability Under Workers’ Compensation

Issues: Workers’ Compensation (General)

Summary For 03/26/2024: This measure provides a rebuttable presumption of compensability under workers’ compensation in the 90 days following an accident.

Most Recent Update: On March 26 this measure was referred to the House Committee on Labor and Industrial Relations, chaired by Representative Raymond J. Crews (R).It is eligible for consideration in the committee of referral.

HB 764 – Workers Compensation:  Provides Relative to Defenses In Workers’ Compensation Claims

Issues: Workers’ Compensation (General)

Summary For 03/26/2024: This measure blocks defenses relating to lack of compensability in workers’ compensation appeals cases if the lack of compensability was not asserted at the first opportunity as a reason for denial of authorization.

Most Recent Update: On March 26 this measure was referred to the House Committee on Labor and Industrial Relations, chaired by Representative Raymond J. Crews (R).It is eligible for consideration in the committee of referral.

 

Louisiana Services

• Workers’ compensation claims administration
• Medical bill review in compliance with state requirements
• Local PPO development and management
• Case management services

Louisiana Resources

Louisiana Compensation Website

Louisiana Government Website