Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 55 - General Provisions › Subchapter C - Commencement › Section I-5507 - Commencement of a Claim

Current through Register Vol. 50, No. 6, June 20, 2024
A. "Form
					 LWC-WC-1008" shall be the form to initiate a claim or dispute arising out of
					 chapter 10 of title 23 of the
Louisiana Revised Statutes
of
					 1950, except that:
B. Any claim may
					 be initiated with the director, office of worker's compensation administration,
					 or the district office of proper venue by hand delivery, United States mail,
					 facsimile transmission or electronic transmission (with verified signature)
					 addressed to the Office of Worker's Compensation administration.
C. Any party aggrieved by the
					 R.S.
					 23:1203.1(J) determination
					 of the medical director may seek judicial review by filing a Form LWC-WC-1008
					 in a workers' compensation district office within 15 days of the date said
					 determination is mailed to the parties. A party filing an appeal under this
					 Section must simultaneously notify the other party and the medical director
					 that an appeal of the medical director's decision has been filed. Upon receipt
					 of the appeal, the workers' compensation judge shall immediately set the matter
					 for an expedited hearing to be held not less than 15 days nor more than 30 days
					 after the receipt of the appeal by the office. The workers' compensation judge
					 shall provide notice of the hearing date to the parties at the same time and in
					 the same manner.
D. Any request for
					 a preliminary determination pursuant to
Louisiana Revised
					 Statutes
title 23, section 1201.1 shall be made in the answer or
					 amended answer and shall be accompanied by a copy of the LWC-WC-1002 and notice
					 of disagreement, along with a motion and order to set telephone status
					 conference attached and shall proceed with the following steps.
1. A telephone conference shall be set within
					 15 days from receipt of the answer or amended answer with accompanying
					 attachments. A preliminary determination hearing shall be set within 90 days
					 from telephone status conference. The deadline for any discovery shall be 30
					 days before the preliminary determination hearing. The parties must exchange
					 evidence 15 days before the hearing, with copies of the exhibits, exhibit list
					 and memorandum sent to the presiding workers' compensation judge.
2. The workers' compensation judge or the
					 judge's designee, shall advise all parties of the deadlines set forth
					 hereinabove in the telephone status conference.
3. A scheduling conference order shall be
					 forwarded to the parties within three days of the telephone status conference.
					 The order shall include a list of issues to be determined, the date of the
					 scheduled hearing, the deadline for discovery, the deadline for the exchange of
					 exhibits, the deadline for the submission of exhibits and the deadline for the
					 submission of memoranda to the court.
4. After the preliminary determination
					 hearing, the court shall forward a written preliminary determination to the
					 parties within 30 days of the hearing.
5. A notice shall accompany the written
					 preliminary determination. The notice shall advise the parties of their options
					 to accept or reject the finding and it shall advise the parties that, if the
					 court does not receive written notification within 15 days of further action by
					 the parties, the court will close the file or proceed to trial on the merits on
					 all remaining issues.