Louisiana Proposes Two Bills to Amend Workers’ Compensation Laws

In a notable legislative session, two bills, House Bill 764 and House Bill 765, introduced by Representative Taylor, seek to make significant amendments to Louisiana’s workers’ compensation laws. These proposed changes signal a shift in handling and processing workers’ compensation claims within the state, focusing on the defense of compensability or causation and the presumption of compensability.

House Bill 764 aims to restrict the defenses that employers can use in workers’ compensation claims related to medical treatments. Specifically, it seeks to enact R.S. 23:1081(14), prohibiting employers from asserting a lack of compensability or causation in an appeal or in response to a disputed claim for compensation regarding approved medical treatments, unless these defenses were initially presented when denying treatment authorization.

House Bill 765, on the other hand, introduces a significant adjustment to the presumption of compensability in workers’ compensation cases. It proposes amending R.S. 23:1204 to establish a rebuttable presumption of compensability that would attach 90 days following the date of an accident, despite the current provision that neither the furnishing of medical services nor payments by the employer or insurance carrier shall constitute an admission of liability.

Both bills collectively aim to streamline the process for injured workers seeking medical treatment and compensation, ensuring timely and appropriate care without undue burden on the employees to prove their eligibility. House Bill 764 addresses the issue of employers delaying or denying necessary medical treatments by limiting the scope of defenses they can use late in the process. Meanwhile, House Bill 765 strengthens workers’ positions by establishing a presumption in their favor if their case remains uncontested for 90 days after the incident, potentially reducing the instances of prolonged disputes over the compensability of claims.

These legislative proposals represent a proactive approach to addressing challenges within the workers’ compensation system, emphasizing the protection of injured workers and the efficiency of claim processing. As the bills move through the legislative process, stakeholders within and beyond Louisiana’s borders will be watching closely to understand the potential impacts on workers’ compensation practices.