1) La. R.S. 23:1201.1 outlines new procedures for employees to dispute compensation benefits or medical benefits provided by employers in Louisiana.
2) The statute provides protections for employers who follow the procedural rules, including opportunities to avoid penalties and attorney's fees through "safe harbors".
3) A key form is the LWC-WC-1002 form which must be properly filed by employers when initiating, modifying, suspending, controverting, or terminating benefits to qualify for the statute's protections.
(1) Se requiere diseñar una alcantarilla en cajón para permitir el paso de un cauce natural bajo un terraplén. (2) Se provee información sobre el caudal de diseño, materiales y condiciones de escurrimiento. (3) El proceso de diseño incluye determinar la sección preliminar, calcular las cargas hidráulicas suponiendo control a la entrada y salida, y verificar las velocidades máximas.
El documento describe el fenómeno del golpe de ariete en tuberías. Se define el golpe de ariete como una variación de presión causada por el movimiento oscilatorio del agua dentro de la tubería. Se explica el fenómeno tanto en abastecimientos por gravedad como en impulsiones, y se detalla el cálculo del valor de la celeridad y del tiempo de cierre de válvulas o parada de bombas.
The CFPB has published revisions to the TILA and RESPA mortgage regulations in response to changes mandated by the Dodd-Frank Act. The revisions are known as the TILA/RESPA Integrated Disclosures, or TRID. Learn all about the changes by reading through these slides brought to you by Academy Mortgage Corporation
Public Offering of Securities Insurance (POSI)Graeme Cross
By raising capital from the public, a company is opening up potential liabilities which are closely scrutinised by regulators. Investors who base their investment decisions on a prospectus or a roadshow may claim the full value of their loss if the information supplied is proven wrong.
El documento describe los diferentes tipos de flujo gradualmente variado en canales, incluyendo flujo subcrítico, crítico y supercrítico. Explica los métodos para calcular el perfil de flujo, como el método directo por etapas y el método del paso estándar. Además, clasifica los perfiles de flujo en tipos M, S, C, H y A dependiendo de la pendiente del canal y la zona en que se ubica el perfil.
This document provides information on various labor laws in India including the Workmen's Compensation Act, Maternity Benefit Act, and Employee State Insurance Act. It discusses the objectives, conditions, and related cases for each act. The Workmen's Compensation Act provides compensation to employees for injuries suffered during employment. The Maternity Benefit Act provides benefits to women employees during and after pregnancy. The Employee State Insurance Act provides social security benefits like medical care to employees.
1) La. R.S. 23:1201.1 outlines new procedures for employees to dispute compensation benefits or medical benefits provided by employers in Louisiana.
2) The statute provides protections for employers who follow the procedural rules, including opportunities to avoid penalties and attorney's fees through "safe harbors".
3) A key form is the LWC-WC-1002 form which must be properly filed by employers when initiating, modifying, suspending, controverting, or terminating benefits to qualify for the statute's protections.
(1) Se requiere diseñar una alcantarilla en cajón para permitir el paso de un cauce natural bajo un terraplén. (2) Se provee información sobre el caudal de diseño, materiales y condiciones de escurrimiento. (3) El proceso de diseño incluye determinar la sección preliminar, calcular las cargas hidráulicas suponiendo control a la entrada y salida, y verificar las velocidades máximas.
El documento describe el fenómeno del golpe de ariete en tuberías. Se define el golpe de ariete como una variación de presión causada por el movimiento oscilatorio del agua dentro de la tubería. Se explica el fenómeno tanto en abastecimientos por gravedad como en impulsiones, y se detalla el cálculo del valor de la celeridad y del tiempo de cierre de válvulas o parada de bombas.
The CFPB has published revisions to the TILA and RESPA mortgage regulations in response to changes mandated by the Dodd-Frank Act. The revisions are known as the TILA/RESPA Integrated Disclosures, or TRID. Learn all about the changes by reading through these slides brought to you by Academy Mortgage Corporation
Public Offering of Securities Insurance (POSI)Graeme Cross
By raising capital from the public, a company is opening up potential liabilities which are closely scrutinised by regulators. Investors who base their investment decisions on a prospectus or a roadshow may claim the full value of their loss if the information supplied is proven wrong.
El documento describe los diferentes tipos de flujo gradualmente variado en canales, incluyendo flujo subcrítico, crítico y supercrítico. Explica los métodos para calcular el perfil de flujo, como el método directo por etapas y el método del paso estándar. Además, clasifica los perfiles de flujo en tipos M, S, C, H y A dependiendo de la pendiente del canal y la zona en que se ubica el perfil.
This document provides information on various labor laws in India including the Workmen's Compensation Act, Maternity Benefit Act, and Employee State Insurance Act. It discusses the objectives, conditions, and related cases for each act. The Workmen's Compensation Act provides compensation to employees for injuries suffered during employment. The Maternity Benefit Act provides benefits to women employees during and after pregnancy. The Employee State Insurance Act provides social security benefits like medical care to employees.
This document summarizes key aspects of compensation law. It discusses how workers' compensation provides benefits to employees injured on the job, replacing the ability to sue employers. It notes compensation is mandatory in most places and the types of injuries and illnesses covered. Exceptions include injuries from willful misconduct or drug use. The document also discusses definitions of dependents, types of disabilities covered, and standards from the ILO and Nepalese law on compensation for injuries and death.
The document provides an overview of the Workmen's Compensation Act of 1923 in India. Some key points:
- The Act aims to provide relief to workmen and/or their dependents in cases of accidents arising from employment that cause death or disability.
- It imposes liability on employers to provide compensation to employees who suffer physical injuries or diseases during the course of their employment.
- The Act covers injuries and diseases specified in schedules, provides for notice of accidents, medical examinations, compensation amounts for death, disablement, and more.
- Amendments have since increased compensation amounts and medical reimbursement ceilings and expanded coverage to include more employees.
The Louisiana Workers' Compensation Law provides benefits and protections for employees who are injured or become ill on the job. It requires most employers to carry workers' compensation insurance or be approved for self-insurance. Injured employees are entitled to medical care for their injury and wage replacement benefits if unable to work. The law outlines benefits such as temporary and permanent disability payments, vocational rehabilitation, and death benefits for dependents. To receive benefits, employees must promptly notify their employer of the injury and file the necessary claim forms.
The document summarizes the key aspects of the Employees' Compensation Act 1923 in India.
The Act provides compensation to workmen for injuries suffered in work-related accidents, regardless of fault. It abolished defenses previously available to employers like assumed risk, common employment, and contributory negligence. Compensation is provided for both occupational diseases and personal injuries arising out of and in the course of employment. The Act defines important terms like wages, dependents, disablement and employers' liability in case of contractors. It aims to provide timely relief to injured workmen.
The Workmen's Compensation Act of 1923 was India's first social security law. It established a system to provide compensation to workers who are injured or disabled during the course of their employment. The act applies to hazardous occupations like railways, factories, mines, construction, and transport. It requires employers to pay compensation for work-related injuries and occupational diseases. State governments are responsible for administering the act and appointing commissions to settle disputed claims and revise periodic payments to injured workers or their dependents. The act aimed to provide social security to workers in India's developing industrial sector.
The Workmen's Compensation Act, 1923 provides financial protection to workmen and their dependents in cases of work-related injuries or death. The Act defines key terms including workman, employer, dependant, disablement and wages. It also covers contractors and their liability. The employer is liable to pay compensation for death, permanent or temporary disablement due to employment injuries that arose during or because of one's work. Certain conditions and principles like doctrine of notional extension apply for determining liability. The Act also covers occupational diseases contracted from hazardous work.
The document discusses key aspects of the Workmen's Compensation Act of 1923 in India. It aims to provide (1) financial protection to workmen and dependents in cases of accidental injury by requiring employers to pay compensation. It defines important terms like commissioner, dependent, employer, disablement and wages. It also outlines (2) an employer's liability to compensate employees for death, injury or disease from accidents arising from work and (3) conditions for receiving compensation for personal injury or occupational diseases.
The document discusses the Workmen's Compensation Act of 1923 in Bangladesh. It provides compensation to workers who are injured or disabled in the course of their employment. The act aims to financially protect workers and their dependents in cases of accidental workplace injuries. It discusses the types of compensation provided, including compensation for death, permanent total disability, and permanent partial disability. It also discusses factors like medical benefits, temporary disability benefits, and permanent disability benefits as outlined in the act.
This document provides an overview of Utah's workers' compensation system. It discusses that workers' compensation is a no-fault insurance system that pays medical expenses and lost wages for work-related injuries. It also covers what types of employers and employees are covered, benefits provided, reporting obligations, disputes over fault for injuries, retaliation protections, and return to work processes.
Employee benefits and services (Philippines)geomarbalajo
This is a brief summary report of the Philippine Employee benefits and services, under the Labor Code of the Philippines. This report excludes the monetary type of compensation, thus, it only focuses on Indirect type of compensation which are the benefits and services of different entities.
The document summarizes key aspects of the Employees' State Insurance Act, including:
1) It establishes the Employees' State Insurance Corporation as a separate corporate body to administer the Act. The Corporation consists of representatives from central/state governments, employers, employees, and medical professionals.
2) The Standing Committee and Medical Benefit Council are constituted from members of the Corporation to oversee its work.
3) Employers with 10+ employees must enroll in the insurance program. Contributions are paid by employers and employees, currently at rates of 1.75% and 4.75% of wages respectively.
4) Insured persons and dependents are eligible for benefits like sickness, maternity, disable
This document summarizes the Workmen's Compensation Act of 1923 in India. The Act aims to provide financial relief to workers or their dependents in cases of workplace accidents resulting in death or injury. It covers employees working in factories, mines, construction, transport and other hazardous occupations. The Act lays out procedures for determining compensation based on wages and injury type, with employers required to pay compensation or face penalties. It has since been amended to increase compensation amounts and expand coverage of employees.
The Workmen's Compensation Act, 1923 provides compensation to workmen and their dependents for injuries arising out of and in the course of employment. The Act applies to various hazardous occupations and establishments. It defines key terms like employer, dependant, disablement and wages. Employers are liable to pay compensation in cases of work-related injuries or death. The amount of compensation depends on the nature of injury, wages and relevant factors. It can be paid as lump sum or monthly payments. Commissioners are appointed to determine compensation amounts and resolve disputes. Appeals against commissioner's orders can be made to the High Court within 60 days.
The document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. It discusses who the act applies to, how it is administered, and what benefits it provides. Specifically, it covers that the act: 1) Applies to factories employing 10 or more power-using employees or 20 or more non-power using employees; 2) Is administered by the Employees' State Insurance Corporation; and 3) Provides sickness, maternity, disability, dependents, medical, and funeral benefits for covered employees and their families.
The only time someone worries or asks questions about Workers' Compensation is typically after they have been injured. This short presentation covers the most common questions injured workers have about their workers compensation benefits. To find out more about Workers' Compensation and the rights of the injured, please visit http://www.comp7777.com
Labor law as it is historically known, concerns regulation in the workplace. It creates rights and responsibilities in the employment relationship between employers and employees. Employee rights is a term that deals with various practices that provide protection to an employee in an organization.
The Workmen's Compensation Act aims to provide relief to workmen and their dependents in cases of accidents arising from employment. It covers all workers, including casual laborers, and establishments not covered by the ESI Act. Employers must compensate workers for death, permanent or temporary disablement, or occupational diseases resulting from employment accidents. The amount of compensation depends on the type and extent of injury and the worker's monthly wages. Employers must report accidents resulting in death or serious injury within 7 days and pay compensation promptly, or face penalties.
The document summarizes key aspects of the Workmen's Compensation Act of 1923 in India. It covers objectives of providing compensation to workmen for work-related injuries, definitions of key terms like workmen and dependents, modes of compensation, exceptions, and employer responsibilities and penalties. Provisions for no fault compensation, principal employer liability, and protected compensation payments are also briefly outlined.
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. PGPSE is a very rigorous programme, designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
This document summarizes key aspects of compensation law. It discusses how workers' compensation provides benefits to employees injured on the job, replacing the ability to sue employers. It notes compensation is mandatory in most places and the types of injuries and illnesses covered. Exceptions include injuries from willful misconduct or drug use. The document also discusses definitions of dependents, types of disabilities covered, and standards from the ILO and Nepalese law on compensation for injuries and death.
The document provides an overview of the Workmen's Compensation Act of 1923 in India. Some key points:
- The Act aims to provide relief to workmen and/or their dependents in cases of accidents arising from employment that cause death or disability.
- It imposes liability on employers to provide compensation to employees who suffer physical injuries or diseases during the course of their employment.
- The Act covers injuries and diseases specified in schedules, provides for notice of accidents, medical examinations, compensation amounts for death, disablement, and more.
- Amendments have since increased compensation amounts and medical reimbursement ceilings and expanded coverage to include more employees.
The Louisiana Workers' Compensation Law provides benefits and protections for employees who are injured or become ill on the job. It requires most employers to carry workers' compensation insurance or be approved for self-insurance. Injured employees are entitled to medical care for their injury and wage replacement benefits if unable to work. The law outlines benefits such as temporary and permanent disability payments, vocational rehabilitation, and death benefits for dependents. To receive benefits, employees must promptly notify their employer of the injury and file the necessary claim forms.
The document summarizes the key aspects of the Employees' Compensation Act 1923 in India.
The Act provides compensation to workmen for injuries suffered in work-related accidents, regardless of fault. It abolished defenses previously available to employers like assumed risk, common employment, and contributory negligence. Compensation is provided for both occupational diseases and personal injuries arising out of and in the course of employment. The Act defines important terms like wages, dependents, disablement and employers' liability in case of contractors. It aims to provide timely relief to injured workmen.
The Workmen's Compensation Act of 1923 was India's first social security law. It established a system to provide compensation to workers who are injured or disabled during the course of their employment. The act applies to hazardous occupations like railways, factories, mines, construction, and transport. It requires employers to pay compensation for work-related injuries and occupational diseases. State governments are responsible for administering the act and appointing commissions to settle disputed claims and revise periodic payments to injured workers or their dependents. The act aimed to provide social security to workers in India's developing industrial sector.
The Workmen's Compensation Act, 1923 provides financial protection to workmen and their dependents in cases of work-related injuries or death. The Act defines key terms including workman, employer, dependant, disablement and wages. It also covers contractors and their liability. The employer is liable to pay compensation for death, permanent or temporary disablement due to employment injuries that arose during or because of one's work. Certain conditions and principles like doctrine of notional extension apply for determining liability. The Act also covers occupational diseases contracted from hazardous work.
The document discusses key aspects of the Workmen's Compensation Act of 1923 in India. It aims to provide (1) financial protection to workmen and dependents in cases of accidental injury by requiring employers to pay compensation. It defines important terms like commissioner, dependent, employer, disablement and wages. It also outlines (2) an employer's liability to compensate employees for death, injury or disease from accidents arising from work and (3) conditions for receiving compensation for personal injury or occupational diseases.
The document discusses the Workmen's Compensation Act of 1923 in Bangladesh. It provides compensation to workers who are injured or disabled in the course of their employment. The act aims to financially protect workers and their dependents in cases of accidental workplace injuries. It discusses the types of compensation provided, including compensation for death, permanent total disability, and permanent partial disability. It also discusses factors like medical benefits, temporary disability benefits, and permanent disability benefits as outlined in the act.
This document provides an overview of Utah's workers' compensation system. It discusses that workers' compensation is a no-fault insurance system that pays medical expenses and lost wages for work-related injuries. It also covers what types of employers and employees are covered, benefits provided, reporting obligations, disputes over fault for injuries, retaliation protections, and return to work processes.
Employee benefits and services (Philippines)geomarbalajo
This is a brief summary report of the Philippine Employee benefits and services, under the Labor Code of the Philippines. This report excludes the monetary type of compensation, thus, it only focuses on Indirect type of compensation which are the benefits and services of different entities.
The document summarizes key aspects of the Employees' State Insurance Act, including:
1) It establishes the Employees' State Insurance Corporation as a separate corporate body to administer the Act. The Corporation consists of representatives from central/state governments, employers, employees, and medical professionals.
2) The Standing Committee and Medical Benefit Council are constituted from members of the Corporation to oversee its work.
3) Employers with 10+ employees must enroll in the insurance program. Contributions are paid by employers and employees, currently at rates of 1.75% and 4.75% of wages respectively.
4) Insured persons and dependents are eligible for benefits like sickness, maternity, disable
This document summarizes the Workmen's Compensation Act of 1923 in India. The Act aims to provide financial relief to workers or their dependents in cases of workplace accidents resulting in death or injury. It covers employees working in factories, mines, construction, transport and other hazardous occupations. The Act lays out procedures for determining compensation based on wages and injury type, with employers required to pay compensation or face penalties. It has since been amended to increase compensation amounts and expand coverage of employees.
The Workmen's Compensation Act, 1923 provides compensation to workmen and their dependents for injuries arising out of and in the course of employment. The Act applies to various hazardous occupations and establishments. It defines key terms like employer, dependant, disablement and wages. Employers are liable to pay compensation in cases of work-related injuries or death. The amount of compensation depends on the nature of injury, wages and relevant factors. It can be paid as lump sum or monthly payments. Commissioners are appointed to determine compensation amounts and resolve disputes. Appeals against commissioner's orders can be made to the High Court within 60 days.
The document summarizes the key aspects of the Employees' State Insurance Act of 1948 in India. It discusses who the act applies to, how it is administered, and what benefits it provides. Specifically, it covers that the act: 1) Applies to factories employing 10 or more power-using employees or 20 or more non-power using employees; 2) Is administered by the Employees' State Insurance Corporation; and 3) Provides sickness, maternity, disability, dependents, medical, and funeral benefits for covered employees and their families.
The only time someone worries or asks questions about Workers' Compensation is typically after they have been injured. This short presentation covers the most common questions injured workers have about their workers compensation benefits. To find out more about Workers' Compensation and the rights of the injured, please visit http://www.comp7777.com
Labor law as it is historically known, concerns regulation in the workplace. It creates rights and responsibilities in the employment relationship between employers and employees. Employee rights is a term that deals with various practices that provide protection to an employee in an organization.
The Workmen's Compensation Act aims to provide relief to workmen and their dependents in cases of accidents arising from employment. It covers all workers, including casual laborers, and establishments not covered by the ESI Act. Employers must compensate workers for death, permanent or temporary disablement, or occupational diseases resulting from employment accidents. The amount of compensation depends on the type and extent of injury and the worker's monthly wages. Employers must report accidents resulting in death or serious injury within 7 days and pay compensation promptly, or face penalties.
The document summarizes key aspects of the Workmen's Compensation Act of 1923 in India. It covers objectives of providing compensation to workmen for work-related injuries, definitions of key terms like workmen and dependents, modes of compensation, exceptions, and employer responsibilities and penalties. Provisions for no fault compensation, principal employer liability, and protected compensation payments are also briefly outlined.
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. PGPSE is a very rigorous programme, designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
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Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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2. WHAT IS WORKERS COMPENSATION?
Workers compensation programs exist in every state. The idea is that if a person gets hurt
working they’ll be able to get medical help. They’ll also be able to get some of their pay.
Louisiana workers’ compensation laws see to it that a person who is injured on the job is entitled
to this almost automatically.
Medical treatment
Lost wages
Job training
Death and burial benefits
WHO ARE THE WORKERS COMP PLAYERS?
The Louisiana Office of Workers’ Compensation was set up in 1983 to administer the Louisiana
Workers’ Compensation Act. The OWCA’s sole source of funding is from a tax assessment paid
by workers’ compensation insurers and self-insureds. Relevant sections:
Workers’ Compensation Advisory Council
Workers’ Compensation Medical Advisory Council
Hearings Section
Workers’ Compensation Advisory Council
Established by LSA-R.S. 23:1294 and consists of seventeen members appointed by the governor.
Its members are a cross section of business, self-insureds, attorneys, medical fields and public
Workers’ Compensation Medical Advisory Council
Appointed to two year terms by the director of the OWCA to review current guidelines and
provide recommendations. Cross section of disciplines.
Hearings Section
Established to resolve disputed workers’ compensation claims. There are ten district offices
statewide: Alexandria, Baton Rouge, Covington, Harahan, Houma, Lafayette, Lake Charles,
Monroe, New Orleans, and Shreveport.
Louisiana Workers Compensation Statistical Overview
Workers’ compensation plays a more pervasive role than many realize.
In 2013 nearly $815,000,000 in workers’ compensation insurance premiums were paid to
233 workers’ compensation insurers in Louisiana.
In 2012 the Hearings Section of the OWCA received 5,178 claims for compensation.
2,787 trials, 1.968 mediations and 4,872 settlements were conducted or approved in 2012.
3. TITLE 23 LABOR AND WORKERS’ COMPENSATION - CHAPTER 10
LSA-R.S. 23:1020.1
A. Citation. This Chapter shall be cited as the “Louisiana Workers' Compensation Law”.
B. Purpose. The legislature declares that the purpose of this Chapter is all of the following:
(1) To provide for the timely payment of temporary and permanent disability benefits to all
injured workers who suffer an injury or disease arising out of and in the course and scope of their
employment as is provided in this Chapter.
(2) To pay the medical expenses that are due to all injured workers pursuant to this Chapter.
(3) To return such workers who have received benefits pursuant to this Chapter to the work
force.
C. Legislative intent. The legislature finds all of the following:
(1) That the Louisiana Workers' Compensation Law is to be interpreted so as to assure the
delivery of benefits to an injured employee in accordance with this Chapter.
(2) To facilitate injured workers' return to employment at a reasonable cost to the employer.
D. Construction. The Louisiana Workers' Compensation Law shall be construed as follows:
(1) The provisions of this Chapter are based on the mutual renunciation of legal rights and
defenses by employers and employees alike; therefore, it is the specific intent of the legislature
that workers' compensation cases shall be decided on their merits.
(2) Disputes concerning the facts in workers' compensation cases shall not be given a broad,
liberal construction in favor of either employees or employers; the laws pertaining to workers'
compensation shall be construed in accordance with the basic principles of statutory construction
and not in favor of either employer or employee.
ACCIDENTS AND INJURIES LSA-R.S. 23 §1021
“Accident” means an unexpected or unforeseen actual, identifiable, precipitous event happening
suddenly or violently, with or without human fault, and directly producing at the time objective
findings of an injury which is more than simply a gradual deterioration or progressive
degeneration.
LSA-R.S. 23§1021(1)
“Injury” and “personal injuries” include only injuries by violence to the physical structure of
the body and such disease or infections as naturally result therefrom. These terms shall in no case
be construed to include any other form of disease or derangement, however caused or contracted.
LSA-R.S. 23§1021(8)(a)
Mental injury caused by mental stress. Mental injury or illness resulting from work-related
stress shall not be considered a personal injury by accident arising out of and in the course of
employment and is not compensable pursuant to this Chapter, unless the mental injury was the
4. result of a sudden, unexpected, and extraordinary stress related to the employment and is
demonstrated by clear and convincing evidence.
LSA-R.S. 23§1021(8)(b)
Mental injury caused by physical injury. A mental injury or illness caused by a physical injury
to the employee's body shall not be considered a personal injury by accident arising out of and in
the course of employment and is not compensable pursuant to this Chapter unless it is
demonstrated by clear and convincing evidence.
LSA-R.S. 23§1021(8)(c)
Heart-related or perivascular injuries. A heart-related or perivascular injury, illness, or death
shall not be considered a personal injury by accident arising out of and in the course of
employment and is not compensable pursuant to this Chapter unless it is demonstrated by clear
and convincing evidence that:
(i) The physical work stress was extraordinary and unusual in comparison to the stress or
exertion experienced by the average employee in that occupation, and
(ii) The physical work stress or exertion, and not some other source of stress or preexisting
condition, was the predominant and major cause of the heart-related or perivascular injury,
illness, or death.
LSA-R.S. 23§1021(8)(e)
DEFENSES TO CLAIMS
Outside the Course and Scope of Employment
An accident occurs in the course of employment when the employee sustains an injury while
actively engaged in the performance of his duties during working hours, either on the employer's
premises or at other places where employment activities take the employee.
An injury to an employee hurt during “horseplay” is not compensable.
An injury to an employee resulting from altercation over purely personal matters is not
going to be compensable.
Injuries that occur “off the clock” and away from the work site are generally not
compensable unless the employer benefits from the activity, the employer sponsors
and/or funds the activity, and there is an increased risk to employee versus general public.
An injury to an employee due to his or her willful intention to injure another is not
compensable.
LSA-R.S. 23§1081(1)(a)
Employee’s Intoxication
An employee who is injured while intoxicated will not be entitled to workers’ compensation
benefits unless the employee's intoxication resulted from activities which:
were in pursuit of the employer's interests or,
the employer procured the intoxicating beverage or substance and encouraged its use
during the employee's work hours.
LSA-R.S. 23§1021(1)(b)
5. Initial Aggressor Defense
Workers’ compensation benefits are not available to the initial physical aggressor in an
unprovoked physical altercation, unless excessive force was used in retaliation against the initial
aggressor. LSA-R.S. 23§1021(1)(c)
Fraud and Intentional Misrepresentation/Fraud
Workers’ compensation benefits can be denied or terminated if it is shown that the employee
willfully made a false statement or representation in order to obtain (or deny) benefits. Provides
for both civil and criminal penalties
Applies to employers and their agents as well.
LSA-R.S. 23§1208
Failure to Reveal Previous Injury/Disability
An injured worker’s entitlement to benefits may be forfeited if he or she failed to disclose a pre-
existing condition that is directly related to the injury in dispute.
The employer provided disclosure/questionnaire must conatin a notice that failure to
answer truthfully may result in the forfeiture of benefits.
LSA-R.S. 23§1208.1
Receipt of Unemployment Benefits
Generally, applying for unemployment requires you to to say you are able to work and pursuin
employment.
Incarceration
Incarceration suspends benefits unless someone is wholly dependent on the employee.
Compromise of Third Party Suit without Consent
By statute the employer has a right of subrogation against any third-party that caused the
employee’s injuries. If the third-party claim is settled without the employer’s approval they are
entitled to stop benefits. The employee can “buy back” their entitlement to future benefits for
amount of the benefits paid, but not exceeding 50% of the settlement.
THE AVERAGE WEEKLY WAGE
Workers compensation indemnity benefits are basically a portion of the wages the injured
employee would lose because he or she can’t work. The “Average Weekly Wage” is the amount
of the indemnity benefits to be paid. Generally speaking, the AWW for hourly workers is 2/3 of
what was earned in the four weeks before the accident, up to $630 per week as of September 1,
2014. The first check is due 14 days after the injury if the employee can’t return to work. LSA-
R.S. 23§1021(13)
AWW if paid monthly – monthly earnings multiplied by 12 and divided by 52.
AWW if paid annually – annual salary divided by 52.
6. Seasonal employees working less than 44 weeks annually – annual income divided by 52;
if not employed a full year prior to accident then the average income from similar
employees is used.
Weekly TTD, PTD and PPD Rates
Weekly rates are paid at the AWW multiplied by .6667 unless the result is higher than the max
rate. If lower than the max rate the lower number applies.
SEB Rates
SEB is paid monthly by multiplying the difference between the pre-accident AWW and the post-
accident AWW by .6667
SCHEDULED AND NON-SCHEDULED INDEMNITY BENEFITS
The Louisiana Workers' Compensation Law mandates the payment of a portion of an injured
worker’s wages and other out of pocket expenses if he or she was involved in a compensable
accident. There are several different types of indemnity benefits categorized which are sometime
referred to as “scheduled” and “non-scheduled” losses.
TTD - Temporary Total Disability
TTD benefits are provided if the employee proves by clear and convincing evidence without any
presumption of disability that he or she is physically unable to engage in any kind of work.
Ends once the extent of the injury can be determined and the injured worker no longer
needs continued, regular treatment. LSA-R.S. 23§1221(1)
PTD – Permanent Total Disability
PTD benefits are provided if the employee proves by clear and convincing evidence without any
presumption of disability that he or she is physically unable to engage in any kind of work. LSA-
R.S. 23§1221(2)
SEB – Supplemental Earnings Benefits
SEB is provided if an injured employee can do some work, but is not able to earn 90% or more
of what he or she was making at the time of injury. LSA-R.S. 23§1221(3)
Capped at 10 years
Employer gets a credit for the months/years it paid TTD benefits.
PPD – Permanent Partial Disability
PPD gives rise to a scheduled loss, meaning there is a fixed amount of indemnity that is
automatically available to the worker in the event of anatomical loss of use or amputation. LSA-
R.S. 23§1221(4)
Covers losses of eyes, limbs, fingers or portions of fingers, etc.
Paraplegia, quadriplegia, loss of both appendages or combination or thirs degree burns
over 40% of the body entitles the employee to an additional $50k.
7. Death Benefits
If an employee is killed in the course and scope of performing his job his dependents will receive
death benefits. Death may not be immediate – if the workers succumbs to his injuries within two
years after the last treatment death benefits will be available. LSA-R.S. 23§1231
If no legal dependents, a lump sum of $75k is divided between the children; if no
children each surviving parent receives $75k.
The schedule of specific payments to be made is found in LSA-R.S. 23§1232
Benefits to a surviving spouse cease upon remarriage subject to a two year lump sum
payment. LSA-R.S. 23§1233
Incapacitated children receive payments as long as they are incapacitated. LSA-R.S.
23§1233
Minor dependent children receive benefits until death, marriage, reaches 18 or, if in
college, age 23. LSA-R.S. 23§1233
COMMON WORKERS COMPENSATION FORMS
Form 1007 First Report of Injury
There are a number of forms the employer has to file when an on the job injury happens. The
First Report of Injury or “1007” is sent by the employer to its workers compensation insurer. The
insurer then reports the information to the Louisiana Office of Workers Compensation. This form
should have all of the basic information about the accident and injury.
Form 1121 Choice of Physician
This is the form the employee fills out to select his or her treating physician. Once a doctor is
picked it is very difficult to change to another doctor in the same field or specialty. If the
employee is referred to the employer will be responsible for paying both doctors.
Form 1010 Request for Medical Treatment
Any healthcare provider who wants to give an injured worker any treatment which will cost
more than $750 has to file the Form 1010 along with all supporting medical records.
Form 1009 Disputed Claim for Medical Treatment
Called a Disputed Claim for Medical Treatment, this form is filed when there is a dispute
between the injured worker and the employer about medical treatment. The Form 1009 is sent to
the Medical Director at the Louisiana Office of Workers Compensation who gives an opinion
about the treatment being disputed. Once the Medical Director has weighed in the party that
doesn’t agree can file a Form 1008. The Form 1009 can only be filed if the insurer has denied a
request for medical treatment, has modified the request somehow, or has not acted on a request.
An injured worker can also file the Form 1009 if the treatment requested isn’t addressed in the
Louisiana Workers Compensation Medical Guidelines.
8. Form 1015 Request for Independent Medical Examination
This form is filled out by the party that wants to have an Independent Medical Examination
(IME) done. This comes up when there is a dispute about the employees medical condition
between the COP and the doctor the employer picked to provide a second medical opinion
(SMO). The vast majority of the time it is the employer that makes the request. The Director of
the Louisiana Office of Workers Compensation selects the doctor to try to act as the tie breaker.
1002 Notice of Payment, Modification, Suspension, Termination or Controversion
This is one of the first Louisiana workers compensation forms sent to the injured worker when
the first workers compensation indemnity check is sent. It also has to be mailed out when the
amount if the check is changed or benefits are being stopped. The purpose of the form is to show
the claimant the numbers used to come up with the weekly check. It was set up by a law passed
by the Louisiana State Legislature to create a “safe harbor” for employers who calculate benefits
wrong. If there is a disagreement about the amounts or termination the injured worker should
send in the Notice of Disagreement that is attached to the form. The adjuster will have five days
to correct any mistakes or request a hearing with the workers compensation judge. If they don’t
they may have to pay penalties and attorney fees if the amount if the check was wrong or if they
had no reason to stop your workers compensation benefits.
1020 Employee’s Monthly Report of Earnings
The employee may be required to turn in the Form 1020 every month to the claims adjuster to
show whether they had income that month.
1008 Disputed Claim for Compensation
This the form used to initiate a claim in Louisiana Office of Workers Compensation district
office when a dispute comes up. The issue will be decided by an administrative hearing officer
who essentially has all of the power and authority of a state court judge.
Form 1011 Request for Lump Sum Settlement
The OWC has to approve any final settlement of an entire claim for benefits. This means a
claimant can’t just settle their case forever and give up the right for future medical treatment and
indemnity benefit checks.
FILING AND PROSECUTING THE CLAIM
Some of the more common disputes that lead up to the filing of a Disputed Claim for
Compensation are:
No wage benefits have been paid;
No medical treatment has been authorized;
Miscalculation of indemnity benefits;
Improper reduction or termination of benefits;
Denial of the opportunity to select a physician;
Improper or no vocational rehabilitation; or
The denial of the claim in its entirety.
9. The Language of Workers Compensation
AWW – Average Weekly Wage
TTD – Temporary Total Disability
SEB – Supplemental Earnings Benefits
PTD – Permanent Total Disability
PPD – Permanent Partial Disability
COP – Choice of Physician
SMO – Second Medical Opinion
IME – Independent Medical Examination
FCE – Functional Capacity Evaluation
VOC – Vocational Rehabilitation
LMS – Labor Marley Survey
ABOUT CRAIG MITCHELL
Craig maintains a civil litigation practice with particular focus on insurance related matters,
workers’ compensation, catastrophic personal injury and complex, multi-party litigation. He is a
graduate of Fisk University, one of the nation’s oldest historically black colleges and universities
(HBCU) where he received degrees in English and history, and went on to receive his Juris
Doctorate and Certificate of Specialization in Environmental Law from Tulane Law School in
May, 1996. He is licensed to practice in all Louisiana state courts. He formed Mitchell &
Associates, A Professional Law Corporation, in 1999 and is rated AV by Martindale Hubbell.
Craig is active in the New Orleans community, currently serving as a member of the New
Orleans City Planning Commission after two years as Chair and one year as Vice Chair. He
previously served as a Commissioner on the New Orleans Recreation Development Commission,
as an Advisory Board Member to the Algiers Economic Development Council and on the Boards
of Directors of the New Orleans Public Library (former vice-chairman), New Orleans Public
Library Foundation (former president), Tulane Alumni Association (Tulane Law School
representative), and Young Leadership Council. Craig also served as treasurer of the Alliance for
Good Government’s New Orleans chapter and was appointed government liaison for the Tulane
University Louisiana Council.