reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 55 - General Provisions › Subchapter H - Bailiffs › Section I-5541 - Security

Current through Register Vol. 50, No. 6, June 20, 2024
A. The term
					 "Bailiff" shall refer to any peace officer or duly commissioned reserve officer
					 assigned by the director to maintain order at each workers' compensation
					 court.
B. The bailiff may in his
					 discretion, or as ordered by the judge, inspect any object carried by any
					 person entering the premises. No one shall enter or remain in the premises
					 without submitting to such an inspection if requested to do so.
C. Unless authorized by the judge, no camera,
					 recording equipment or other type of electrical or electronic device shall be
					 brought into the premises.
D. No
					 person shall be admitted to or allowed to remain in the premises with any
					 object that might be employed as a weapon unless he or she has been authorized
					 in writing by the workers' compensation judge to do so, or unless he or she is
					 a peace officer or duly commissioned reserve officer.
E. The bailiff shall enforce the whole of
					 this rule, and pursuant to his authority as a peace officer or duly
					 commissioned reserve officer, shall be authorized in his discretion to take any
					 legal action necessary to preserve the order and security of the
					 premises.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 55 - General Provisions › Subchapter I - Attorneys and Other Persons before the Court › Section I-5543 - Workers' Compensation Courtroom Decorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following shall be observed in the
					 opening of workers' compensation court and general courtroom decorum.
1. The bailiff shall open each session of
					 workers' compensation court with an appropriate recitation and order.
2. No tobacco in any form will be permitted
					 at any time.
3. No food or beverage
					 shall be brought into the courtroom.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 55 - General Provisions › Subchapter I - Attorneys and Other Persons before the Court › Section I-5545 - Attorneys

Current through Register Vol. 50, No. 6, June 20, 2024
A. In all hearings
					 before the Workers' Compensation Judge the parties may appear in person or by
					 counsel licensed to practice law in the state of Louisiana. Corporate entities,
					 unincorporated associations, insurance companies and own-risk carrier shall
					 appear only by such counsel. Counsel who will appear before the Workers'
					 Compensation Judge on behalf of a party in any proceeding shall notify the
					 Office of Workers' Compensation of their appearance by filing an entry of
					 appearance or other appropriate pleading and shall be bound by Code of Civil
					 Procedure Article 371.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 55 - General Provisions › Subchapter I - Attorneys and Other Persons before the Court › Section I-5547 - Withdrawal of Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. When an
					 attorney seeks to obtain an ex parte order to withdraw as counsel for a party,
					 he shall include in his application the last known address of the claimant
					 along with a statement that he has given written notice to the party he was
					 previously representing that he is no longer of counsel to him and of the
					 status of the case on the court's docket. The attorney shall certify to the
					 court that he has given notice to all counsel of record at the same time and in
					 the same manner as notification to the court. A copy of such written notice and
					 certification shall be attached to the application for the ex parte order for
					 withdrawal. An attorney who has been permitted by ex parte order to withdraw
					 shall give notice of same to all parties.
B. Counsel of record who withdraws or is
					 discharged prior to submission of the case, and desires to assert a claim for
					 fees, must attach an affidavit to that effect and set forth the period of time
					 during which his client was under his or her representation. If asserting a
					 claim, counsel shall also file a lien form, to be developed by the director,
					 identifying any attorney lien he alleges on the pending claim for payment of
					 attorney fees.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 57 - Actions › Subchapter A - General Provisions › Section I-5701 - Prescription; Filing Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Prescription periods shall be as set forth in
					 R.S.
					 23:1031.1.E, F, I, 1209, and 1234. Time
					 limits shall be calculated from the date of mailing as shown by the post mark,
					 other proof of mailing, the date a facsimile or electronic transmission (with
					 verified signature) is received.
B.
					 All pleadings filed with the court may be filed by facsimile transmission or
					 electronic transmission (with verified signature) to the assigned facsimile
					 number or electronic address of the district of proper venue. A facsimile or
					 electronic transmission (with verified signature), when filed, has the same
					 force and effect as the original. If the party fails to comply with the
					 requirements of Paragraph C of this Section, a facsimile filing shall have no
					 force or effect.
C.
1. Within seven days, exclusive of legal
					 holidays, after the district office or the records management division has
					 received a facsimile transmission, the party filing the document shall forward
					 the following to the district office or records manager:
a. the original signed document;
b. the applicable filing fee, if any per
					 §6605, Fees, of this Part; and
c. a transmission fee of $5 in addition to $5
					 for the first 5 pages and $2.50 for each page thereafter.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 57 - Actions › Subchapter A - General Provisions › Section I-5703 - Prematurity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prematurity in a
					 workers' compensation claim shall be governed by
					 R.S.
					 23:1314.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 57 - Actions › Subchapter A - General Provisions › Section I-5705 - Abandonment

Current through Register Vol. 50, No. 6, June 20, 2024
A. A claim may be
					 dismissed without prejudice after contradictory hearing properly noticed by the
					 court on the judge's own motion or on ex parte motion of a party for the
					 following reasons:
1. where no service of
					 process has occurred within 60 days after the Form LWC-WC-1008 has been filed.
					 This provision shall not apply if the claim is awaiting action by the workers'
					 compensation court;
2. where no
					 responsive pleadings have been filed and no default has been entered within 60
					 days after service of process;
3.
					 where a claim has been pending six months without proceedings being taken
					 within such period. This provision shall not apply if the claim is awaiting
					 action by the workers' compensation court; or
4. where a claimant fails to appear for any
					 properly noticed conference or hearing;
5. where an attorney or pro se litigant fails
					 to keep the workers' compensation court apprised of an address change or when a
					 notice is returned to the workers' compensation court for the reason of an
					 incorrect address and no correction is made to the address for a period of 60
					 days.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 57 - Actions › Subchapter A - General Provisions › Section I-5707 - Class Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No class
					 action will be permitted.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 57 - Actions › Subchapter B - Settlement › Section I-5709 - Joint Petition Settlements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. A lump sum or compromise settlement shall
					 be presented to the presiding judge in a pending disputed claim or to any judge
					 in an undisputed claim for approval on Form LWC-WC-1011 and upon joint petition
					 of the parties.
2. The procedure
					 for perfecting settlements shall be governed by
					 R.S.
					 23:1272. A hearing in open court with all
					 parties present shall be required when one or more parties is not represented
					 by counsel. Appearance by the parties and/or their representative may be waived
					 if all parties are represented by counsel. In special circumstances and in the
					 interest of judicial economy, the judge may allow the unrepresented party to
					 waive his appearance and permit the party to appear by telephone. Appearance by
					 the represented parties and/or their representative may be waived in written
					 form.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter A - General › Section I-5801 - Pleadings Allowed

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 pleadings allowed in workers' compensation claims, whether in a principal or
					 incidental action, shall be in writing and shall consist of petitions,
					 exceptions, written motions, answers, and Office of Workers' Compensation
					 Administration forms.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter B - Supplemental/Amended Pleadings › Section I-5805 - Amendment of Claim and Answer

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Amendment of a claim and answer shall be governed by Code of Civil Procedure
					 Article
					 1151 et seq.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter C - Forms › Section I-5809 - Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of
					 Workers' Compensation Administration shall prepare and adopt such forms for use
					 in matters before the Office of Workers' Compensation Administration as it may
					 deem necessary or advisable. Whenever Office of Workers' Compensation
					 Administration forms are prescribed and are applicable, they shall be used. A
					 photo ready copy of any form may be procured upon request to any district
					 office, the office of the director, or from the website,
www.laworks.net
.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter C - Forms › Section I-5811 - Format of Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pleading
					 or other document submitted to the director or to any judge shall be typed or
					 printed legibly on 8 1/2" x 11" paper and shall bear the name and signature of
					 the person who prepared it, the firm name, if applicable, the complete address
					 including the zip code, an electronic address, if available, the telephone and
					 facsimile number, including the area code and the docket number, if one has
					 been assigned to the claim and the name of the judge assigned to the claim, if
					 available. All attorneys shall note their bar roll number on all documents and
					 correspondence.
B. Copies of all
					 correspondence and any other instruments sent to the Office of Workers'
					 Compensation Administration shall be sent at the same time and in the same
					 manner by the party originating the correspondence to all other parties of
					 record in the case and a certificate to that effect shall be attached to the
					 original and filed with the office.
C. All documents filed into the court record
					 that are notarized shall comply with
					 R.S.
					 35:12.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
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-5817 - Conclusion of Mediation Conferences held by an Office of Workers' Compensation Mediator

Current through Register Vol. 50, No. 6, June 20, 2024
A. When it
					 becomes apparent during the course of a pre-1008 mediation conference that an
					 agreement on all issues cannot be reached, the Office of Workers' Compensation
					 mediator shall issue a report stating the result of the conference. The report
					 shall be issued to the parties immediately following the conference by
					 facsimile transmission, by electronic transmission or by mail within five days
					 thereof.
B. When it becomes
					 apparent during the course of a post-1008 mediation conference that agreement
					 on all issues cannot be reached, the Office of Workers' Compensation mediator
					 shall issue a report stating the results of the conference. The report shall be
					 issued immediately following the conference to the parties and to the judge
					 where the claim was filed. The report shall be issued in person, by facsimile
					 transmission, by electronic transmission, or by mail within five days
					 thereof.
C. Following a mediation
					 conference, at which agreement is reached on all issues in dispute, a report
					 embodying the agreement shall be issued to the parties in person, by facsimile
					 transmission, by electronic transmission, or by mail within five days thereof.
					 The mediator shall file the original report with the judge presiding over the
					 district where the claim was filed or in the case of a pre-1008 mediation
					 conference, with the judge presiding over the district situated within the
					 parish of the claimant's domicile. The report may require dismissal of the
					 claim or the filing of an LWC Form 1011 within 30 days.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
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-5819 - Failure to Attend; Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 If any party fails to appear at a mediation conference ordered by the judge or
					 requested by the parties, after proper notice and without just cause, the
					 presiding workers' compensation judge, upon request of a party, may fine the
					 delinquent party an amount not to exceed $500, which shall be payable to the
					 Office of Workers' Compensation Administrative Fund. In addition, the presiding
					 workers' compensation judge may assess against the party failing to attend,
					 costs and reasonable attorney's fees incurred by any other party in connection
					 with the conference. The penalties provided for in this Section shall be
					 assessed by the presiding workers' compensation judge only after a
					 contradictory hearing which shall be held prior to the hearing on the merits of
					 the dispute.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter E - Petition › Section I-5821 - Required Elements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The required
					 elements of a workers' compensation claim shall be as provided in
					 R.S.
					 23:1311.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter F - Exceptions › Section I-5823 - Kinds of Exceptions ; Time for Pleading

Current through Register Vol. 50, No. 6, June 20, 2024
A. Exceptions shall be governed by Code of
					 Civil Procedure
					 Articles
					 921, et seq.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter F - Exceptions › Section I-5824 - Rule to Show Cause; Time for Filing Memoranda

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party may seek to have any exception
					 heard by filing a rule to show cause.
B. The memorandum in support shall be filed
					 no later than 14 days prior to the hearing. The memorandum in opposition shall
					 be filed no later than 8 days prior to the hearing.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter G - Motions › Section I-5831 - Motion or Rule Day

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each district
					 office shall designate a specific day of the week for the hearing of rules,
					 motions, exceptions and arguments. A list of the rule days for each district
					 shall be available in any district office.
B. The judge may require the parties to
					 submit briefs in connection with any exception, rule, or motion. Briefs should
					 be submitted as provided in
					 §5824.
					 A copy of the brief shall be served upon all
					 counsel of record at the same time and in the same manner as submitted to the
					 court.
C. In advance of the date
					 set for the hearing of an exception, motion or rule, any counsel may notify the
					 court that he waives his appearance and is willing to submit the matter on
					 briefs. At the time set for the hearing, any person may waive oral
					 argument.
D. A motion for summary
					 judgment shall be filed no later than 45 days prior to trial unless both
					 parties agree to waive the deadline with the approval of the court.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter G - Motions › Section I-5833 - Written Motion Required; Exception

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 An application to the court for an order, if not presented in some other
					 pleading, shall be by motion which, unless made during trial or hearing or in
					 open court, shall be in writing. The written motion shall state the grounds
					 therefor and the relief or order sought.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 58 - Pleadings › Subchapter G - Motions › Section I-5835 - Ex Parte and Contradictory Motions ; Rule to Show Cause Favored

Current through Register Vol. 50, No. 6, June 20, 2024
A. Ex parte and
					 contradictory motions shall be governed by Code of Civil Procedure
					 Articles
					 963 et seq. A contradictory hearing properly
					 noticed by the court with the adverse party may be held unless waived upon
					 joint motion of the parties. Appearance by the parties and/or their
					 representative may be waived in written form. The judge may entertain such
					 motion by telephone conference with all parties participating. Such telephone
					 conference shall be initiated by the party requesting the telephone
					 conference.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter A - General › Section I-5901 - Discovery and Attendance of Witnesses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The hearing process shall be available to
					 aid any party in pursuit of discovery and to compel attendance of witnesses or
					 production of evidence. The judge on his own motion at any conference may order
					 the production of discoverable material and make any other order facilitating
					 discovery. Copies of discovery documents, including, but not limited to,
					 deposition notices, are to be mailed to all parties and shall not be filed in
					 the record of the proceedings unless attached as an exhibit to a motion or
					 ordered by the judge.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter A - General › Section I-5903 - Objections to Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 otherwise provided in Title 23 or by these rules, objection to any evidence
					 shall be governed by the Louisiana Code of Evidence and Code of Civil
					 Procedure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter A - General › Section I-5905 - Protective Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon motion
					 by a party or by a person from whom discovery is sought, and for good cause
					 shown after contradictory hearing properly noticed by the court, the judge may
					 make any order which justice requires to protect a party or person from
					 annoyance, embarrassment, oppression, or undue burden or expense. The judge may
					 entertain such motion by telephone conference with all necessary parties
					 participating. Such telephone conference shall be initiated by the party
					 requesting the telephone conference.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter B - Subpoena › Section I-5909 - Issuance ; Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. Subpoenas
					 issued in connection with any workers' compensation matter shall be served by
					 the party requesting issuance of the subpoena, and may be served by certified
					 mail return receipt requested or any other manner provided in
					 §5511 Proof of
					 service shall be the responsibility of the party requesting the subpoena. Once
					 issued and served, a subpoena may be canceled by the requesting party only
					 after written notice to the opposing side. It shall be the responsibility of
					 the requesting party to provide written notification of cancellation to all
					 opposing parties as well as the person under subpoena. It shall be the
					 responsibility of the parties to copy each other on the subpoenas they
					 issue.
B. In order to be
					 enforceable, subpoenas for hearing shall be served seven days prior to the
					 scheduled hearing date; subpoenas to compel attendance of medical experts shall
					 be served 10 days prior to hearing. Subpoenas for hearing may be issued after
					 expiration of these time limits only by leave of court for good cause shown or
					 upon written consent of all parties.
C. Written request for unemployment records
					 must be made to the workers' compensation court at least seven days prior to
					 the scheduled hearing at which the documents sought are to be
					 submitted.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter B - Subpoena › Section I-5911 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No official of
					 the Social Security Administration shall be subject to subpoena under these
					 rules except for good cause shown.
B. An independent medical examiner shall be
					 subject to subpoena only as provided in
					 R.S.
					 23:1317.1.
C. The subpoena of the director or any other
					 employee of the Office of Workers' Compensation Administration shall be
					 governed by
					 R.S.
					 23:1318.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter B - Subpoena › Section I-5913 - Subpoena of Confidential Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The subpoena of confidential records shall be governed by
					 R.S.
					 23:1293.A.(1) and 1310.15.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter C - Discovery › Section I-5915 - Scope of Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Discovery
					 shall be governed by Code of Civil Procedure
					 Articles
					 1421, et seq.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter D - Depositions › Section I-5921 - General ; When Taken

Current through Register Vol. 50, No. 6, June 20, 2024
A. The taking of a
					 deposition shall be governed by Code of Civil Procedure
					 Articles
					 1437, et seq.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter D - Depositions › Section I-5925 - Depositions in Advance of Hearing; Perpetuation of Testimony

Current through Register Vol. 50, No. 6, June 20, 2024
A. Depositions in advance of hearing shall be
					 governed by
					 R.S.
					 23:1319.
B. Any party seeking to offer the testimony
					 of a witness at trial by deposition may take a deposition to perpetuate the
					 trial testimony of such witness at any time prior to trial. Such deposition may
					 be offered by any party and shall be admissible upon consent of the parties or
					 as otherwise provided by these rules, the Code of Evidence and the Code of
					 Civil Procedure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter D - Depositions › Section I-5927 - Expert Witness Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. For just cause
					 shown, the workers' compensation judge may set a reasonable witness fee for
					 expert testimony.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter E - Interrogatories › Section I-5931 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interrogatories
					 shall be governed by Code of Civil Procedure
					 Articles
					 1457, et seq.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter F - Production of Documents › Section I-5933 - Production of Documents; General; Medical Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. In general, the production of documents
					 shall be governed by Code of Civil Procedure
					 Articles
					 1461, et seq. and
					 R.S.
					 23:1127.
B. Objection to medical evidence shall be as
					 provided in
					 R.S.
					 23:1122. When a timely objection is received,
					 the judge may set a hearing on the motion, or rule on the matter at the trial
					 on the merits. The judge further has the discretion to order, after a
					 contradictory hearing properly noticed by the court, a deposition of the doctor
					 if necessary to clarify a report or to obtain additional information, during
					 the discovery period or at the trial on the merits.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter G - Admissions › Section I-5941 - Requests for Admission

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requests for
					 admission shall be governed by Code of Civil Procedure
					 Articles
					 1466, et seq.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter H - Medical Examinations › Section I-5943 - Independent Medical Examinations; Report; Deposition of Examiner; Objections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 procedure for requesting an independent medical examination shall be as
					 provided in
					 R.S.
					 23:1317.1.
B. Objections to the independent medical
					 examination shall be made on Form LDOL-WC-1008 and shall be set for hearing
					 before a judge within 30 days of receipt. No mediation shall be scheduled on
					 disputes arising under this Section.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter H - Medical Examinations › Section I-5953 - Right of an Employee to Written Report of Medical Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Entitlement of
					 an employee to the written report of a medical examination shall be as provided
					 in
					 R.S.
					 23:1125.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter I - Motion to Compel › Section I-5955 - Motion for Order Compelling Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motion for order compelling discovery
					 shall be governed by Code of Civil Procedure
					 Articles
					 1469, et seq., and
					 R.S.
					 13:3715.1 and §5963.
B. Prior to filing a motion to compel
					 discovery, a party shall comply with Rule 10.1 of the Rules for Louisiana
					 District Courts adopted by the Louisiana Supreme Court.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter J - Sanctions › Section I-5961 - Refusal to Obey Subpoena

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a
					 person who, without reasonable excuse, fails to obey a subpoena, the judge may
					 proceed with contempt proceedings as provided in
					 R.S.
					 23:1310.7.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 59 - Production of Evidence › Subchapter J - Sanctions › Section I-5963 - Failure to Comply with Order Compelling Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to comply with order compelling
					 discovery shall be governed by Code of Civil Procedure
					 Article
					 1471. In addition, the judge may proceed with
					 contempt proceedings as provided in
					 R.S.
					 23:1310.7.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 60 - Pretrial Procedure › Section I-6001 - Scheduling Conferences

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within
				  60 days following receipt of the answer a scheduling conference for the purpose
				  of setting pretrial deadlines shall be held by telephone.
B. Issues to be considered and determined at
				  the scheduling conference may include:
1. the
				  necessity or desirability of amendments to pleadings;
2. discovery anticipated by the
				  parties;
3. deadlines for
				  amendments to pleadings; completion of discovery and scheduling of pretrial
				  motions;
4. scheduling of the
				  pretrial conference and the scheduling of a pretrial mediation
				  conference;
5. scheduling of the
				  trial;
6. the need for and
				  scheduling of a pretrial conference;
7. such other matters as may aid in the
				  disposition of the action.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 60 - Pretrial Procedure › Section I-6005 - Pretrial Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				  requested by the court, each party to the dispute shall file a pretrial
				  statement with the appropriate district office within the time frame designated
				  by the court.
B. The party or
				  counsel who prepared and submitted the pretrial statement to the workers'
				  compensation court should attend the pretrial conference. Any substitute
				  permitted by the court to attend the conference shall be knowledgeable of all
				  aspects of the case and shall possess the necessary authority to commit his
				  client or associate regarding changes, stipulations, compromise/settlements,
				  and trial dates.
C. The pretrial
				  conference will be held by telephone, unless in the judge's discretion,
				  attendance in person at the conference is necessary.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 60 - Pretrial Procedure › Section I-6007 - Pretrial Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. The pretrial
				  statement shall include:
1. stipulations
				  agreed to by all parties;
2. issues
				  to be litigated;
3.
				  contentions;
4. a list and brief
				  description of all exhibits to be offered at trial; Exhibits to be used for
				  impeachment or rebuttal need not be included in the list. Proposed stipulations
				  as to exhibit authenticity and/or admissibility shall be noted in the exhibit
				  list;
5. a list of all witnesses to
				  be called at trial. The list shall include a short statement as to the nature
				  but not the content of their testimony, and whether the testimony will be live
				  or by deposition. Except for the witnesses listed, no other witnesses may be
				  called to testify except for good cause shown. This requirement shall not apply
				  to impeachment and rebuttal witnesses;
6. outstanding discovery and depositions to
				  be taken.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 61 - Hearings › Subchapter A - Expedited Hearings › Section I-6101 - Examination of an Injured Employee

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The examination of an injured employee shall be governed by
					 R.S.
					 23:1124.1.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 61 - Hearings › Subchapter B - Continuance and Stays › Section I-6103 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Continuances
					 shall be as provided in Code of Civil Procedure
					 Articles
					 1601, et seq.
B. A continuance shall not be granted for the
					 absence of a subpoenaed witness if the subpoena was not issued in accordance
					 with §5909 of these
					 rules.
C. A continuance will not be
					 entertained based upon a conflict in the schedule of any party or attorney if
					 the conflict arose after the date of the scheduling conference, except for good
					 cause shown or in cases of criminal assignments.
D.
1. If
					 all parties are represented by counsel and the motion is uncontested, the
					 moving party shall certify to the court that he has spoken to opposing counsel,
					 that no opposition exists and that all witnesses have been timely notified of
					 the continuance. Only one uncontested motion must be granted. A new trial date
					 shall be established by mutual agreement of the parties.
2. Subsequent uncontested motions for
					 continuance by represented parties may be granted at the discretion of the
					 workers' compensation judge and when the workers' compensation judge believes
					 it is in the best interest of the parties.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 61 - Hearings › Subchapter B - Continuance and Stays › Section I-6104 - Stays

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon motion of a
					 party and for good cause shown, or at the discretion of the court in the
					 interest of justice, the workers' compensation judge may order a stay of the
					 claim.
B. When a stay is granted, a
					 telephone status conference shall be set at such intervals as directed by the
					 workers' compensation judge but at least every six months.
C.Section 5705. A of these rules
					 shall not apply to any matter subject to a stay order as long as such order is
					 in effect.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 62 - Trial › Subchapter A - Trial Procedure › Section I-6203 - Trial on the Merits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The trial of
					 a workers' compensation claim shall be governed by
					 R.S.
					 23:1317.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 62 - Trial › Subchapter A - Trial Procedure › Section I-6205 - Cumulative Medical Testimony

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 The introduction of medical testimony in a hearing or trial shall be governed
					 by
					 R.S.
					 23:1124.1.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 62 - Trial › Subchapter A - Trial Procedure › Section I-6209 - Testimony of Medical Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Expert medical testimony may be admitted by:
1. certified medical records;
2. deposition;
3. oral examination in open court
					 proceedings; however, no more than two physicians may present testimony for
					 either party except by order of the judge;
4. any other manner provided by
					 law.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 62 - Trial › Subchapter B - Dismissal › Section I-6211 - Dismissal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
					 provided in §5705, dismissals shall be governed by Code of Civil Procedure
					 Articles
					 1671 et seq.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 62 - Trial › Subchapter C - Assessment of Costs › Section I-6215 - Assessment of Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 determination of whether costs shall be assessed against a party shall be
					 governed by
					 R.S.
					 23:1310.9.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 63 - Judgments › Subchapter A - General › Section I-6301 - Submission of Evidence Submission for Judgement/Decision; Post Hearing Briefs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The parties
					 shall file into the record all evidence at the time of trial or hearing unless
					 the court, for good cause shown, grants an extension.
B. A case or other matter shall be considered
					 as having been fully submitted for decision immediately upon the conclusion of
					 trial or hearing or final submission of all evidence or post-trial/hearing
					 briefs, whichever occurs latest.
C.
					 Whenever, the judge allows or orders post-trial/hearing briefs, the parties
					 shall be allowed a maximum of 15 working days from the conclusion of the trial
					 or final submission of all evidence, whichever occurs latest, to file the
					 briefs.
D. The brief must be
					 received in the district office either through the United States Postal
					 Service, facsimile transmission, or electronic transmission (with verified
					 signature) within the delays provided and without benefit of the use of the
					 postmark to meet the deadline.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 63 - Judgments › Subchapter A - General › Section I-6303 - Completion of Trial; Pronouncement of Judgment; Time for Judgments or Orders; Written Reasons

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 procedures for completion of trial and pronouncement of judgment shall be
					 governed by
					 R.S.
					 23:1310.5.A.(1) and 1201.3.A. All such
					 orders, decisions, or awards shall be rendered no later than 45 calendar days
					 after conclusion of trial, submission of all evidence or filing of
					 post-trial/hearing briefs, whichever occurs later.
B. Written reasons shall only be rendered if
					 requested in written form by any party to the claim within 10 days of the
					 signing of the judgment. The written reasons shall be issued by the judge not
					 later than 45 calendar days following the request.
C. After the submission of all evidence oral
					 rulings may be issued from the bench immediately after the trial or subsequent
					 to the trial. In either case, the oral ruling shall be made by recitation of
					 the reasons for judgment in open court and capable of being transcribed from
					 the record of the proceeding. The transcript of the oral reasons for judgment
					 may be considered the written reasons for judgment.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 63 - Judgments › Subchapter B - Default › Section I-6305 - Default; General Provisions; Scope of Judgment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The general rule regarding default in a
					 workers' compensation claim shall be governed by
					 R.S.
					 23:1316 and 1316.1 and Code of Civil
					 Procedure
					 Article
					 1703.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 63 - Judgments › Subchapter C - Modification › Section I-6311 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. The modification
					 of an award shall be governed by
					 R.S.
					 23:1310.8(A)(1), (B) and
					 (F).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 63 - Judgments › Subchapter C - Modification › Section I-6313 - Amendment of Judgment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Amendments
					 of judgment shall be governed by Code of Civil Procedure
					 Article
					 1951.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part I - Workers' Compensation Administration › Subpart 3 - Hearing Rules › Chapter 63 - Judgments › Subchapter C - Modification › Section I-6315 - Request for Modification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 party to the claim may apply for modification pursuant to
					 §6311 If the
					 original decision or award was made by a district court judge, the party
					 seeking the modification shall furnish the workers' compensation judge with the
					 appropriate evidence and documents from the district proceedings.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						23:1310.1.