Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter D - Mediation › Section I-5813 - Mediation Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties
					 who have a workers' compensation dispute as defined by
					 R.S.
					 23:1310.3(A) and who desire
					 to engage the services of a Louisiana Workforce Commission, Office of Workers'
					 Compensation Administration mediator, may make a joint written request for a
					 mediation conference to any Office of Workers' Compensation mediator selected
					 by mutual agreement of the parties. The parties shall forward to the selected
					 mediator, along with the written request, a confidential position statement,
					 not to exceed 10 pages, outlining the issues in dispute and the respective
					 position of the parties. Upon receipt of the joint written request, the
					 selected mediator shall schedule a mediation conference and provide notice in
					 the same manner and at the same time to all parties of the date and time of the
					 conference. Notice of any scheduled mediation conference may be given by
					 telephone, but shall be confirmed by United States Mail, facsimile
					 transmission, or electronic transmission. The location of the mediation
					 conference shall be in the assigned district office of the selected
					 mediator.
B. A mediation conference
					 may also be scheduled upon order of a presiding workers' compensation judge in
					 any pending workers' compensation disputed claim (Form LWC-WC-1008). If the
					 parties select an Office of Workers' Compensation mediator, the court-ordered
					 mediation conference shall be conducted in the district office in which the
					 selected mediator is assigned.
C.
					 On the scheduled date of the mediation conference, each party shall provide a
					 representative to participate in the mediation conference, either in person or
					 via telephone, who has been provided with authority to enter into negotiations
					 in a good faith effort to resolve the issue(s) in dispute. The attorneys for
					 the parties may participate in the mediation conference via telephone only upon
					 mutual consent of the parties. No stenographic report shall be taken at any
					 mediation conference and no witnesses shall be called. All statements made at
					 any mediation conference shall be privileged and shall not be admissible in any
					 subsequent status conference, pretrial conference, hearing, or trial. Any party
					 to the claim and/or their representative may request a copy of the Form
					 LWC-WC-1008 filed in the claim prior to the scheduled mediation conference. No
					 such request shall be denied by any employee of the Office of Workers'
					 Compensation Administration. If the parties agree, the mediator may schedule
					 additional mediation conferences when deemed appropriate.
D. Nothing in this rule shall prohibit
					 parties from requesting the services of an Office of Workers' Compensation
					 mediator prior to the filing of a disputed claim for compensation (Form
					 LWC-WC-1008). Said request shall be made by the parties in the same manner as
					 provided for in Subsection A of this Section. However, neither the request nor
					 the participation in a pre-1008 mediation conference shall interrupt the
					 running of prescription.
E. Nothing
					 in this rule shall prohibit the parties from engaging the services of a private
					 mediator to conduct a mediation conference at a location mutually agreeable to
					 the parties. Within five days of the conclusion of said private mediation, the
					 parties shall certify to the court that a private mediation has occurred and
					 the results thereof. Said certification shall be provided by the parties via
					 United States mail, electronic transmission, or facsimile
					 transmission.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.