reglab/housing_qa huggingface dataset:
LA Rev Stat § 23:1168.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.3. Grounds for default; forfeiture of security; records of claims

RS 1168.3 - Grounds for default; forfeiture of security; records of claims  A. For purposes of this Section, "default" shall mean whenever a self-insured employer:  (1) Fails to pay benefits owed under this Chapter to an injured worker for undisputed claims and the employer is in bankruptcy or a state court receivership or liquidation;  (2) Fails to renew its irrevocable letter of credit; or  (3) Fails to substitute acceptable securities for workers' compensation benefits within thirty days prior to the expiration of the current security.  B. For purposes of R.S. 23:1168.3 through 1168.12, the following terms shall have the following meanings:  (1) "Administer" or "administration" shall mean the review and determination of the monetary value of a claim.  (2) "Claim" shall mean a claim for workers' compensation benefits by an employee of the self-insured employer which the employer had at the time of default accepted as compensable and for which the employer was paying benefits.  C.(1) If for any reason there is a default by the self-insured employer in the payment of claims, the security posted with the assistant secretary shall be forfeited, and in the case of a surety bond, the assistant secretary may institute suit on such bond. All proceeds shall be retained by the assistant secretary for payment of such claims as may be entitled to receive compensation from said employer. The assistant secretary may pay these funds on a periodic basis. In the event that the amount of the bond is insufficient to meet all of the outstanding claims, he may allocate them to particular claimants pro rata, in accordance with rules promulgated by the assistant secretary.  (2) In the event an employer operating as a self-insurer pursuant to R.S. 23:1168.1 defaults on his workers' compensation obligations, the office shall demand that the excess insurer deposit a separate surety bond or other security equal to the amount of security attributable to the defaulting employer in the most recent calculation of the single security on deposit with the office. If the separate surety bond or other security is not deposited with the office within ten business days of demand, the entire single security on deposit shall be forfeited until the additional security is deposited. Upon depositing the separate security required by this Paragraph, the excess insurer shall be entitled to reduce the existing single security on deposit by the amount of the separate security.  D. Within thirty days of receiving written notice from the office, the employer whose security was forfeited shall provide the office with copies of any workers' compensation, medical or employment files requested by the office or summary information related to those files necessary to administer the claims for benefits under this Chapter.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.4. Duties of the secretary

RS 1168.4 - Duties of the secretary  A. Upon the default of any self-insured employer, the assistant secretary shall deposit the proceeds from the security or the bond into an interest-bearing account. The interest derived therefrom shall be used to offset the administration of claims. The office may thereafter contract for the administration of claims from the account.  B. The assistant secretary shall immediately proceed to take such steps as are necessary to administer the claims for benefits owed under this Chapter.  C. The assistant secretary, in addition to other powers, shall have the following powers:  (1) To audit the books and records of the employer insofar as those records are necessary to administer the claims for benefits owed under this Chapter.  (2) To enter into such agreements or contracts as are necessary to carry out the full or partial plan for distribution.  (3) To enter into such agreements or contracts as are necessary to carry out the administration of claims.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.5 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.5. Deposit of monies collected

RS 1168.5 - Deposit of monies collected  The monies collected by the assistant secretary shall be deposited in one or more state or national banks, savings banks, trust companies, or savings and loan associations chartered to do business in this state. Any depository so selected shall provide the same security for such deposits as that required for the deposit of state funds pursuant to the provisions of R.S. 49:321. The assistant secretary r may in his discretion deposit such monies or any part thereof in a national bank or trust company as a trust fund. For the purposes of this Section, the assistant secretary shall be considered a "depositing authority" pursuant to R.S. 49:321.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.6 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.6. Appointment of assistants

RS 1168.6 - Appointment of assistants  A. The assistant secretary shall have the power to contract with or employ such clerks or assistants as may by him be deemed necessary and to give each such powers to assist him as he may consider wise.  B. The assistant secretary may contract with the department of insurance for the administration of claims.  C.(1) The attorney general shall provide representation for the assistant secretary in all matters involving the seizure and distribution of the security.  (2) Attorneys employed by the attorney general for purposes of this Section shall be named by the assistant secretary with the approval of the attorney general, and shall perform their duties under the supervision of the attorney general.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.7 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.7. Priority of claims

RS 1168.7 - Priority of claims  The priorities of distribution of the security shall be as follows:  (1) Claims by injured employees of the self-insured employer.  (2) The assistant secretary's costs and expenses of administration and any claims handling expenses.  (3) All other claims.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.8. Time to file claims

RS 1168.8 - Time to file claims  A. Upon the default of a self-insured employer, the assistant secretary r shall notify all persons who may have claims against such employer and who have not filed proper proofs thereof, to present the same to him, at a place specified in such notice, within four months from the date of the seizure of the security, or, if the assistant secretary shall certify that it is necessary, within such longer time as the assistant secretary shall prescribe. The last day for the filing of proofs of claims shall be specified in the notice. Such notice shall be given in a manner determined by the assistant secretary.  B. Proofs of claim may be filed subsequent to the date specified, but no such claim shall share in the distribution of the assets until all allowed claims, proofs of which have been filed before said date, have been paid in full.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.9 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.9. Proof and allowance of claims

RS 1168.9 - Proof and allowance of claims A proof of claim shall consist of a statement under oath, in writing, and signed by the injured employee or his representative, setting forth the claim, whether any payments have been made on the claim and that the sum claimed is justly owed from the employer to the injured employee. Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.10 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.10. Appeal of a decision of the assistant secretary

RS 1168.10 - Appeal of a decision of the assistant secretary  In the event the assistant secretary provides for pro rata distribution of security proceeds to injured employees or issues an order or decision which may be adverse to an injured employee who has a claim, he may within sixty days of the order or decision appeal to the Nineteenth Judicial District Court of this state.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.11 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.11. Confidentiality of certain proceedings and records; immunity of certain staff

RS 1168.11 - Confidentiality of certain proceedings and records; immunity of certain staff  A. Notwithstanding any other provision of law, all proceedings, hearings, notices, correspondence, reports, and other information in the possession of the assistant secretary or the office relating to the distribution of the security of a self-insured employer are confidential, except as otherwise provided in this Section.  B. The personnel of the office and its agents shall have access to these proceedings, hearings, notices, correspondence, reports, records, or information to the extent permitted by the assistant secretary.  C. The assistant secretary may open the proceedings or hearings, or disclose the notices, correspondence, reports, records, or information to any department, agency, or other instrumentality of the state or of the United States if the opening or disclosure is necessary or proper for the enforcement of the laws of this or any other state of the United States.  D. The provisions of this Section shall not apply to hearings, notices, correspondence, reports, records, or other information obtained upon the filing of a dispute over distribution as provided in R.S. 23:1168.10.  E. There shall be no liability on the part of and no cause of action of any nature shall arise against any employee, agent, contractor, or representative of the office for any action taken by him in the performance of his powers and duties under the proceedings of this Section.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1168.12 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1168.12. Cooperation of officers, owners, and employees; civil penalties

RS 1168.12 - Cooperation of officers, owners, and employees; civil penalties  A. Any officer, manager, director, trustee, owner, employee, or agent of any self-insured employer, or any other persons with authority over or in charge of any segment of the employer's affairs, shall cooperate with the assistant secretary in the seizure of the security and administration of claims.  B. No person shall provide to the assistant secretary statements, documents, or records which are fraudulent or materially false.  C. The Nineteenth Judicial District Court shall have jurisdiction to issue such orders, including injunctive relief, as appropriate, for the enforcement of this Section.  D. Failure to comply with such court order shall subject the violator to a fine not to exceed one hundred thousand dollars.  Acts 2006, No. 49, §1, eff. May 16, 2006.
LA Rev Stat § 23:1169 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1169. Failure of employer to secure payment; power of secretary

RS 1169 - Failure of employer to secure payment; power of secretary  Failure on the part of any employer to secure the payment of compensation provided in the Worker's Compensation Act shall have the effect of enabling the secretary, or his designee, to proceed against the employer, and to collect penalties as provided in R.S. 23:1170 et seq.  Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 2008, No. 743, §7.
LA Rev Stat § 23:1170 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1170. Penalty for failure to secure workers' compensation insurance; assessment and collection

RS 1170 - Penalty for failure to secure workers' compensation insurance; assessment and collection  A. In addition to any other penalty prescribed by law, any employer who fails to secure compensation required by R.S. 23:1168 shall be liable for a civil penalty, to be assessed by the workers' compensation judge, of not more than two hundred fifty dollars per employee for a first offense, and liable for a civil penalty of not more than five hundred dollars per employee for a second or subsequent offense; however, the maximum civil penalty for a first offense shall not exceed ten thousand dollars for all related series of violations. All civil penalties collected shall be deposited in the Office of Workers' Compensation Administrative Fund established in R.S. 23:1291.1(E).  B. The workers' compensation judge shall assess any civil penalty incurred under Subsection A of this Section against any employer who fails to provide proof of compliance within fifteen days of any notice. Any penalty assessed and collected pursuant to this Section shall be forwarded to the fraud administrator for collection. In his discretion, the fraud administrator may remit, mitigate, or negotiate the penalty if proof of the mitigating circumstances is provided within fifteen days of notice of the assessment. In determining the amount of the penalty to be assessed, or the amount agreed upon in any negotiation, consideration shall be given to the appropriateness of such penalty in light of the life of the business of the employer charged, the gravity of the violation, and the extent to which the employer charged has complied with the provisions of R.S. 23:1168, or has otherwise attempted to remedy the consequences of the said violation. Individual proceedings shall be conducted pursuant to the provisions of R.S. 23:1171.  C. In addition to any penalties assessed in accordance with the provisions of this Chapter, the workers' compensation judge shall order the employer to provide proof of compliance with R.S. 23:1168 within forty-five days of the order.  Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 1992, No. 764, §1; Acts 2001, No. 1185, §2, eff. July 1, 2001; Acts 2001, No. 1185, §10, eff. July 1, 2002; Acts 2010, No. 288, §1; Acts 2014, No. 375, §1; Acts 2018, No. 612, §7, eff. July 1, 2020; Acts 2018, 2nd E.S., No. 12, §1, eff. June 12, 2018; Acts 2019, No. 404, §1, eff. July 1, 2020.  NOTE: See Acts 2018, No. 612 and Acts 2019, No. 404 providing for the effects of the conversion of certain dedicated funds to special statutorily dedicated fund accounts.
LA Rev Stat § 23:1171 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1171. Appeal of the decision of the workers' compensation judge

RS 1171 - Appeal of the decision of the workers' compensation judge  An employer may appeal the decision of the workers' compensation judge in the manner provided in R.S. 23:1310.5(B) for appealing decisions regarding disputed claims.  Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 1992, No. 764, §1; Acts 1997, No. 88, §1, eff. June 11, 1997; Acts 2014, No. 375, §1.
LA Rev Stat § 23:1171.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1171.2. Default of employer; additional liability

RS 1171.2 - Default of employer; additional liability  The amount of weekly compensation provided in this Chapter shall be increased by fifty percent in any case where the employer has failed to provide security for compensation as required by R.S. 23:1168.  Acts 1995, No. 368, §1, eff. June 16, 1995.
LA Rev Stat § 23:1172 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1172. Criminal penalties

RS 1172 - Criminal penalties  A. Any employer who willfully fails to provide security for compensation required by R.S. 23:1168 shall be subject to a fine of up to two hundred fifty dollars per day that the employer willfully failed to provide security for compensation or imprisonment with or without hard labor for not more than one year, or both such fine and imprisonment. All fines collected shall be deposited in the Office of Workers' Compensation Administrative Fund established in R.S. 23:1291.1(E).  B. Evidence of two prior penalties assessed by the Louisiana Workforce Commission pursuant to R.S. 23:1170 and 1171 in any given three-year period shall constitute a prima facie case of a willful violation.  C.(1) No person acting gratuitously and without malice, fraudulent intent, or bad faith, shall be subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature shall exist against such person or entity by virtue of the filing of reports or furnishing of other information, either orally or in writing, relative to a violation by any person of the provisions of R.S. 23:1168.  (2) The grant of immunity provided by this Subsection shall not abrogate or modify in any way any statutory or other privilege or immunity otherwise enjoyed by such person or entity.  Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 1995, No. 368, §1, eff. June 16, 1995; Acts 1995, No. 1129, §1, eff. June 29, 1995; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 288, §1; Acts 2018, No. 612, §7, eff. July 1, 2020; Acts 2018, 2nd E.S., No. 12, §1, eff. June 12, 2018; Acts 2019, No. 404, §1, eff. July 1, 2020.  NOTE: See Acts 2018, No. 612 and Acts 2019, No. 404 providing for the effects of the conversion of certain dedicated funds to special statutorily dedicated fund accounts.
LA Rev Stat § 23:1172.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1172.1. Willful misrepresentation by employer; aiding or abetting; criminal penalties; civil immunity

RS 1172.1 - Willful misrepresentation by employer; aiding or abetting; criminal penalties; civil immunity  A. It shall be unlawful for any employer in writing to willfully misrepresent to any person that he has provided or provides security for compensation as required by R.S. 23:1168.  B. It shall be unlawful for any person, whether present or absent, directly or indirectly, to aid and abet an employer, or directly or indirectly counsel an employer to willfully misrepresent that the employer has provided or provides security for compensation as required by R.S. 23:1168.  C. Whoever violates any provision of this Section shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years, or fined up to two hundred fifty dollars per day that the employer willfully failed to provide security for compensation, or both. All fines collected shall be deposited in the Office of Workers' Compensation Administrative Fund established in R.S. 23:1291.1(E).  D.(1) No person acting gratuitously and without malice, fraudulent intent, or bad faith, shall be subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature shall exist against such person or entity by virtue of the filing of reports or furnishing of other information, either orally or in writing, relative to a violation by any person of the provisions of this Section.  (2) The grant of immunity provided by this Subsection shall not abrogate or modify in any way any statutory or other privilege or immunity otherwise enjoyed by such person or entity.  Acts 1993, No. 828, §1, eff. June 22, 1993; Acts 1995, No. 1129, §1, eff. June 29, 1995; Acts 2010, No. 288, §1; Acts 2018, No. 612, §7, eff. July 1, 2020; Acts 2018, No. 12, §1, eff. June 30, 2018; Acts 2019, No. 404, §1, eff. July 1, 2020.  NOTE: See Acts 2018, No. 612 and Acts 2019, No. 404 providing for the effects of the conversion of certain dedicated funds to special statutorily dedicated fund accounts.
LA Rev Stat § 23:1173 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1173. Rules and regulations

RS 1173 - Rules and regulations  A. The secretary shall have the authority to promulgate rules and regulations to implement the provisions of R.S. 23:1170 and 1171.  B. All such rules and regulations, including all fees otherwise authorized by this Part shall be subject to legislative oversight pursuant to the Administrative Procedure Act.  Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 2008, No. 743, §7.
LA Rev Stat § 23:1174 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1174. Certificate of compliance

RS 1174 - Certificate of compliance Whenever a certificate of compliance is properly applied for with the office of worker's compensation, that office shall respond by issuing a certificate of authority without a charge or by rejecting the application within ten days of receipt of the application. Acts 1992, No. 765, §2, eff. Jan. 1, 1993.
LA Rev Stat § 23:1174.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 23 - Labor and Worker's Compensation|§1174.1. Workers' compensation programs; ability to contract

RS 1174.1 - Workers' compensation programs; ability to contract A.(1) No person, partnership, corporation, or other entity shall establish any unreasonable criteria, policies, or procedures designed to discriminate against a contractor or subcontractor based upon the contractor's or subcontractor's securing the employer's workers' compensation obligation by any method provided for in R.S. 23:1168 or R.S. 23:1195 et seq. Nothing herein shall prohibit any person, partnership, corporation, or other entity from establishing separate criteria, policies, or procedures to evaluate workers' compensation insurance providers which are members of the Louisiana Insurance Guaranty Association or any other state guaranty fund. Any violation of this provision shall constitute an unfair trade practice and subject the violator to the penalties of R.S. 22:1961 et seq. (2) No insurance company writing umbrella insurance policies in this state shall establish any unreasonable criteria, policies, or procedures designed to discriminate against any employer in this state based upon the employer's securing the employer's workers' compensation obligation by any method provided for in R.S. 23:1168 or R.S. 23:1195. Acceptable criteria, policies, or procedures may include review of audited financial statements, actuarial evaluations, and specific and aggregate excess insurance. Nothing herein shall prohibit any such insurance company from establishing separate criteria, policies, or procedures to evaluate workers' compensation insurance providers which are members of the Louisiana Insurance Guaranty Association or any other state guaranty fund. Any violation of this provision shall constitute an unfair trade practice and subject the violator to the penalties of R.S. 22:1211 et seq. B. This Section shall not prohibit the marketing of insurance in the ordinary course of business by practices which do not otherwise constitute an unfair trade practice. Acts 1992, No. 1124, §1; Acts 2001, No. 205, §1; Acts 2001, No. 927, §1, eff. June 26, 2001; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.