reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1167. Insolvency of unauthorized ceding insurer; claim against assuming insurer

RS 23:1167 - 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.S. 22:432 through 445 and 1902 through 1910; however, such worker's compensation insurance shall be placed with an unauthorized insurer pursuant to R.S. 22:432 through 445 and 1902 through 1910 only if, in addition, the following condition is met: if such unauthorized insurer cedes all or a part of such worker's compensation risk, the contract of reinsurance with the assuming insurer must provide that, only in the event of the insolvency of the ceding insurer, any reinsurance proceeds owing with respect to such risk shall be payable by the assuming insurer to the insured of the insolvent ceding insurer for the amount of loss sustained by the insured to the extent that the liability therefor was ceded by ceding insurer through a reinsurance agreement to the assuming insurer.
B. This Section shall apply only to an insurance policy or contract to provide worker's compensation insurance which is written on or after January 1, 1987.
Acts 1986, No. 889, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.1. Self-insurance

RS 23:1168.1 - Self-insurance
A.(1) Notwithstanding the provisions of R.S. 23:1168(A)(5)(a), an insurer with an A.M. Best rating of A-minus or better providing excess workers' compensation coverage to more than one employer shall be entitled to satisfy all of the initial and renewal certification requirements for self-insurer status and security obligations of all its insureds to the office of workers' compensation, by depositing and maintaining with the office a single surety bond, or other acceptable security as determined by the office, in an amount equal to the greater of:
(a) The aggregate average workers' compensation losses incurred over the most recent three-year period multiplied by one hundred fifty percent.
(b) The total amount of unpaid workers' compensation reserves at the time of the annual review of all self-insurers secured by the single security multiplied by one hundred fifty percent.
(2) For those employers that have not been in business for at least three calendar years, the single security provided for under this Subsection shall be increased for each such employer by the greater of three hundred thousand dollars or three times the estimated annual loss fund for the next year.
(3) The security deposited by an insurer under this Subsection shall serve to secure the obligations of its self-insured employers only for those years in which they were provided excess coverage by that one particular insurer.
B.(1) The insurer shall satisfy the self-insurer requirements of its insured employers under Subsection A by submitting to the office of workers' compensation written notification of excess workers' compensation coverage, the insured's workers' compensation losses incurred over the most recent three-year period and the insured's total unpaid workers' compensation reserves. For those employers that have not been in business for at least three calendar years, the insurer shall submit written notification of excess coverage and the employers estimated annual loss fund for the next year.
(2) Upon the insurer's supplying the information contained in Paragraph (1) of this Subsection to determine the appropriate security as required by Subsection A, the employer shall be deemed a self-insurer under Subsection A. The insurer shall thereafter provide the information contained in Paragraph (1) of this Subsection once per year at the time of the annual review of all self-insurers secured by the single security provided for in Subsection A.
C. In computing security requirements under this Section, a self-insured hospital against whom a workers' compensation claim has been filed and said self-insured hospital provides medical services to the claimant for which there is no cash outlay, the self-insured hospital shall be entitled to have the medical services portion of such workers' compensation claim deducted from any computation used in determining the hospital's surety bond or other acceptable security.
Acts 1999, No. 625, §1; Acts 2003, No. 1200, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.3. Grounds for default; forfeiture of security; records of claims

RS 23:1168.3 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.4. Duties of the assistant secretary

RS 23:1168.4 - Duties of the assistant 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.5. Deposit of monies collected

RS 23:1168.5 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.6. Appointment of assistants

RS 23:1168.6 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.7. Priority of claims

RS 23:1168.7 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.8. Time to file claims

RS 23:1168.8 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.9. Proof and allowance of claims

RS 23:1168.9 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.10. Appeal of a decision of the assistant secretary

RS 23:1168.10 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.11. Confidentiality of certain proceedings and records; immunity of certain staff

RS 23:1168.11 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1168.12. Cooperation of officers, owners, and employees; civil penalties

RS 23:1168.12 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1169. Failure of employer to secure payment; power of secretary

RS 23:1169 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1170. Penalty for failure to secure workers' compensation insurance; assessment and collection

RS 23:1170 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1171. Appeal of the decision of the workers' compensation judge

RS 23:1171 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1171.2. Default of employer; additional liability

RS 23:1171.2 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1172. Criminal penalties

RS 23:1172 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1172.1. Willful misrepresentation by employer; aiding or abetting; criminal penalties; civil immunity

RS 23:1172.1 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1173. Rules and regulations

RS 23:1173 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1174. Certificate of compliance

RS 23:1174 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1174.1. Workers' compensation programs; ability to contract

RS 23:1174.1 - 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.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1175. Short title; legislative intent

RS 23:1175 - Short title; legislative intent
A. This Subpart shall be known and may be cited as the "Workers' Compensation Cost Containment Act".
B. It is hereby declared to be the intent of the legislature that occupational accidents produce economic and social loss, impair productivity, retard the advancement of standards of living, and increase the cost of worker's compensation insurance. Both humane and economic considerations recommend the establishment and implementation of effective injury control measures. A dynamic program of health and safety education and training is the best known solution to reduce occupational accidents and to decrease workers' compensation insurance rates for employers in high rate classifications, resulting in the long-term reduction of rates of all employers of this state.
Acts 1991, No. 1026, §1; Acts 1995, No. 349, §3, eff. June 16, 1995.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1176. Definitions

RS 23:1176 - Definitions
As used in this Subpart, unless the context clearly indicates otherwise, the following terms shall be given the meaning ascribed to them in this Section:
(1) "Designated representative" is a person in a position of authority within the company he represents, such as a partner of a partnership, an officer or director of a corporation, the proprietor of a proprietorship, or anyone who acts in a managerial capacity.
(2) "Eligible employers" are those Louisiana employers who have a workers' compensation insurance rate based on an experience modifier rate of one point five or greater on December thirty-first of the prior year, and who pay five thousand dollars or more per year in Louisiana workers' compensation premiums.
(3) "Insurers" means insurance companies and group self-insurance associations, by whatever names. It shall not mean individual self-insurers.
(4) "Meeting" means the cost containment meeting approved by the office of worker's compensation.
(5) "Program" means the occupational safety and health program approved by the OSHA section pursuant to R.S. 23:1291.
(6) "Reasonable time" is the amount of time determined by the OSHA section to be sufficient for the stated purpose.
(7) Repealed by Acts 1995, No. 124, §2, eff. June 12, 1995.
Acts 1991, No. 1026, §1; Acts 1992, No. 794, §1; Acts 1995, No. 124, §§1, 2, eff. June 12, 1995.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1177. Collection of information; target list

RS 23:1177 - Collection of information; target list
A. The office of worker's compensation shall have access to any statistical information involving the experience modifier rates for all Louisiana employers from any source.
B. The office shall collect information on experience modifier rates for Louisiana employers and compile a target list of employers with experience modifier rates of one point five or greater by January 1, 1992. Thereafter, the target list shall be updated on no less than an annual basis.
C. Any information gathered pursuant to the provisions of this Section shall be held confidential by the office and shall not be disseminated for any purpose.
Acts 1991, No. 1026, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1179. Occupational safety and health program; incentive discount

RS 23:1179 - Occupational safety and health program; incentive discount
A. The OSHA section shall implement an occupational safety and health program, pursuant to R.S. 23:1291, and consistent with but not limited to the requirements in this Section.
B. All insurers writing workers' compensation insurance shall allow a five percent reduction, in addition to any reduction granted in R.S. 23:1178(C), in the Louisiana worker's compensation premium for an eligible employer who has attended an authorized cost containment meeting and who has subsequently implemented the OSHA section's occupational safety and health program to the satisfaction of the OSHA section and pursuant to the provisions of this Subpart. Satisfactory implementation shall be defined as:
(1) Undergoing a safety and health hazard survey of the work place, including an evaluation of the employer's safety and health program and on-site interviews with employees by the OSHA section.
(2) Correction of all hazards identified during the on-site visit within a reasonable time.
(3) Establishing an occupational safety and health program approved by the OSHA section and implementing program provisions within a reasonable time.
C. Determination of attendance at an authorized cost containment meeting and satisfactory implementation of the program shall be the responsibility of the OSHA section. Upon attendance at an authorized cost containment meeting and successful participation in the program, an employer shall be issued a certificate by the OSHA section which shall be the basis of qualification for the reduction provided for in Subsection B of this Section. The certificate shall qualify the employer for this reduction for a one-year period. Eligible employers shall be allowed to requalify for this reduction only once every four years from the date the certificate is issued.
Acts 1991, No. 1026, §1; Acts 1992, No. 794, §1; Acts 1995, No. 124, §1, eff. June 12, 1995.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1180. Evaluation

RS 23:1180 - Evaluation
A. The Worker's Compensation Advisory Council shall evaluate the quality of the cost containment meeting prior to its initial implementation and thereafter annually reevaluate the program.
B. The office shall prepare and submit a status report on the progress of the program to the House Committee on Labor and Industrial Relations, the Senate Committee on Labor and Industrial Relations, and the Worker's Compensation Advisory Council.
C. All annual reports and presentations provided for in this Section shall be due at least sixty days before the Regular Session of the Legislature each year.
Acts 1991, No. 1026, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1181. Insured experience information

RS 23:1181 - Insured experience information
A. Every insurance company, individual self-insurer, group self-insurer association, or similar entity which provides workers' compensation insurance coverage or which provides for payment of workers' compensation benefits under the provisions of this Chapter shall maintain a record of the loss and expense statistics for each insured and such other data as may be required by the commissioner of insurance.
B. Each insurer shall forward a copy of the loss and expense statistics for each insured and such other statistical data as may be required by the commissioner of insurance to a national rating or statistical compilation organization which is authorized by the commissioner of insurance to provide such information to insurers in this state when any one of the following conditions occurs:
(1) Termination of a policy of workers' compensation insurance or other workers' compensation coverage or benefits by an insurance company, an individual self-insurer, a group self-insurer association, or other similar entity which provides workers' compensation insurance coverage or benefits.
(2) Financial insolvency of an insurer, self-insurer, or other entity which provides workers' compensation coverage or benefits.
(3) Discontinuance of workers' compensation benefits to an insured.
(4) Any change by the insured to another insurer, self-insurer, or other entity providing workers' compensation coverage or benefits.
Acts 1999, No. 388, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1191. Definitions

RS 23:1191 - Definitions
For the purposes of this Subpart, the following terms have the following meaning:
(1) "Department" means the Louisiana Department of Insurance.
(2) "Public entities" means political subdivisions as defined in Section 44 of Article VI of the Constitution of Louisiana. However, "public entities" does not include hospital service districts and health care facilities established by local governing authorities.
Acts 2007, No. 384, §1; Acts 2008, No. 220, §8, eff. June 14, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1198. Licensing of agents; claims against insurance agents

RS 23:1198 - Licensing of agents; claims against insurance agents
A. Any person soliciting membership for a fund shall be licensed by the department as a property and casualty agent. No employees of a bona fide trade or professional association which has established a fund or employees of a fund shall be required to be so licensed if the solicitation of membership for the fund is not the primary duty of the employees.
B. No action shall lie against an insurance agent, insurance broker, or other person involved in the marketing, selling, or solicitation of participation in funds authorized by this Subpart for any claims arising out of the insolvency of any fund or the inability of a fund to pay claims as the claims become due unless and until any claimant shall have first exhausted all remedies available to him against the members of the fund as provided by R.S. 23:1196.
Acts 1995, No. 703, §1, eff. June 21, 1995.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1199. Rates

RS 23:1199 - Rates
Each fund shall file rates on an actuarially justified class code basis with the department and may use the rates ninety days after filing, unless the department disapproves the use of rates within the ninety-day period.
Acts 1995, No. 703, §1, eff. June 21, 1995.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200. Review of rate determination

RS 23:1200 - Review of rate determination
Any fund shall provide a reasonable procedure for any member aggrieved by the fund to request in written form a review of the application of the rating system for the coverage afforded by the fund. The fund shall have thirty days from receipt to grant or deny the request in written form. If the fund rejects the request or fails to grant or reject the request within the thirty-day period, the member may, within thirty days of the expiration of the thirty-day period, appeal to the department for a hearing. The hearing before the department shall be conducted in accordance with the provisions of this Subpart, and the department, after the hearing, may affirm, modify, or reverse the action taken by the fund.
Acts 1995, No. 703, §1, eff. June 21, 1995; Acts 2010, No. 794, §2.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200.1. Rules and regulations

RS 23:1200.1 - Rules and regulations
The department may issue rules and regulations which establish the duties of a board of trustees, set forth the standards and authority of the department under which funds may be deemed to be in hazardous financial condition, prohibit potential conflicts of interest, and otherwise provide for the implementation and administration of the provisions of this Subpart.
Acts 1995, No. 703, §1, eff. June 21, 1995; Acts 1997, No. 843, §1, eff. July 10, 1997.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200.4. Consecutive net losses

RS 23:1200.4 - Consecutive net losses
A fund with three years of consecutive net losses on the audited financial statements of the fund, or two years of consecutive net losses on the audited financial statements of the fund in excess of five hundred thousand dollars or five percent of the premium of the latest audited financial statement, whichever is greater, shall:
(1) Attend a meeting between the department, the administrator of the fund, any third party administrator contracted or performing services to the fund, and the fund's board of trustees to discuss the financial condition of the fund, and to advise the department the course of action the fund will take to obtain net incomes on subsequent audited financial statements.
(2) File with the department a written and signed plan from the fund's board of trustees describing the actions the fund will take to generate net incomes on subsequent audited financial statements.
(3) Obtain an actuarial rate analysis if an actuarial rate analysis was not performed for the previous fund year.
Acts 2007, No. 384, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200.5. Insolvencies

RS 23:1200.5 - Insolvencies
A. In the event a fund is insolvent, then in addition to any other provision of law or regulation, the department shall require that the fund file in writing within sixty days a plan signed by the board of trustees. For purposes of this Subpart, an insolvency shall be defined as the condition existing when the fund's liabilities before member distribution payable or dividend payable are greater than the fund's assets determined in accordance with generally accepted accounting principles as delineated in the fund's financial statement audited by an independent certified public accountant. For the purpose of determining insolvency, assets will not include intangible property, such as patents, trade names or goodwill. The plan submitted by the fund to eliminate the insolvency shall set forth in detail the means by which the fund intends to eliminate the insolvency which may include an assessment of the members of the fund. The fund shall also include the timetable for the implementation of the plan and requirements for reporting to the department. The department shall review the plan submitted by the fund and notify the fund of the plan's approval or disapproval within thirty days of the department's receipt of the plan.
B. Upon determination by the department that a plan submitted by the fund is disapproved or that a fund is not implementing a plan in accordance with the terms of the plan, it shall so notify the fund in writing of such determination.
C. Should a fund fail to file a plan to eliminate an insolvency as called for under this Section, or should the department notify a fund that such plan has been disapproved or that the fund is not implementing the plan according to the plan, the department shall have the following powers and authority in addition to any other powers and authority granted under law:
(1) The department may order the fund to immediately levy an assessment upon its members, sufficient to eliminate the insolvency.
(2) Should the fund fail or refuse to levy said assessment, the department may, in the name of the fund, levy such assessment upon the members of the fund sufficient to eliminate the insolvency.
Acts 2007, No. 384, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200.6. Examination of group self-insurance fund for workers' compensation program

RS 23:1200.6 - Examination of group self-insurance fund for workers' compensation program
A. The commissioner of insurance shall make an examination, not less frequently than once every five years, of all group self-insurance funds established pursuant to this Subpart doing business in this state and at any other time when in the opinion of the commissioner it is necessary for such an examination to be made.
B. Upon determining that an examination should be conducted, the commissioner shall appoint one or more examiners to perform the examination and instruct them as to the scope of the examination. In conducting the examination, the examiner or examiners shall observe those guidelines and procedures as the commissioner may deem appropriate.
C. Nothing contained in this Part shall be construed to limit the commissioner's authority to use any final or preliminary examination report, any examiner or fund work papers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the commissioner may, in his sole discretion, deem appropriate.
D. Nothing contained in this Part shall be construed to limit the authority of the commissioner to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to the applicable laws of this state. Findings of fact and conclusions made pursuant to any examination shall be prima facie evidence in any legal or regulatory action.
Acts 2010, No. 794, §2.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200.8. Review and examination expense; how paid

RS 23:1200.8 - Review and examination expense; how paid
A. Whenever the commissioner of insurance makes an examination or investigation pursuant to this Subpart, all expenses incurred by the commissioner of insurance in conducting such examination or investigation, including the expenses and fees of examiners, auditors, accountants, actuaries, attorneys, or clerical or other assistants who are employed by the commissioner of insurance to make the examination, shall be paid by the group self-insurance fund.
B. The commissioner of insurance may recover all expenses incurred from the examination or investigation of any person or entity acting as an administrator or third-party administrator in this state for any group self-insurance fund not authorized to transact business in this state.
Acts 2010, No. 794, §2.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200.9. Authority to employ examiners and other assistants

RS 23:1200.9 - Authority to employ examiners and other assistants
A. The commissioner of insurance shall employ such examiners, auditors, accountants, actuaries, attorneys, and clerical or other assistants as are necessary to conduct the examination and to compile and prepare a report thereon, and the compensation for such examination shall be fixed according to the time actually devoted to the work of conducting the examination and compiling the report thereon as now required by law. Such compensation shall always be reasonable and commensurate with the value of the services performed.
B. Upon completion of the examination of any group self-insurance fund or at stated periods during such examinations, the commissioner of insurance shall forward to the group self-insurance fund a statement showing the amount of expenses incurred in such examination to the date of such statement. Whereupon, the group self-insurance fund shall pay the amount so shown to the commissioner of insurance. Upon receipt of such payment the commissioner of insurance shall deposit same in an account styled "commissioner of insurance, revolving fund account", and withdrawals from said account shall be made by the commissioner of insurance for the purpose of payment to examiners, auditors, accountants, actuaries, attorneys, and clerical or other assistants of their salaries and necessary expenses incurred in the conduction of such examination.
Acts 2010, No. 794, §2.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200.10. Group self-insurance fund's right to contest expense

RS 23:1200.10 - Group self-insurance fund's right to contest expense
If the group self-insurance fund deems the amount of expenses billed to it unreasonable or contrary to the provisions of this Subpart, it may within fifteen days after the receipt of such billing, file a rule in a court of competent jurisdiction upon the commissioner of insurance to test the reasonableness and legality under this Subpart of the amount of expenses billed to it by the commissioner of insurance which rule shall be tried by preference, and upon appeal, shall be given preference in the appellate court, as provided by the laws of this state for other state cases.
Acts 2010, No. 794, §2.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1200.11. Failure to pay expenses; penalty

RS 23:1200.11 - Failure to pay expenses; penalty
If any group self-insurance fund fails or refuses to pay the expenses of examination as billed by the commissioner of insurance after fifteen days upon receipt of such billing or after final judgment where a rule has been filed as provided in this Part, then the commissioner of insurance may revoke the certificate of authority of such group self-insurance fund to do business in this state until the full amount of the bill is paid.
Acts 2010, No. 794, §2.