Labor & Employment (Workers' Compensation)

This bill modifies Louisiana workers' compensation laws to address employee refusal to participate in medical examinations or vocational rehabilitation programs. It allows employers to request expedited court hearings to compel employees to submit to medical exams, with benefits potentially suspended if the employee cannot show good cause for refusal. The legislation also permits a reduction of weekly compensation benefits by fifty percent if an employee unreasonably refuses to cooperate with vocational rehabilitation efforts. These changes apply to injured workers and their employers, streamlining dispute resolution for specific compliance issues while maintaining the requirement for court oversight before penalties are imposed.

HB 537 repeals the statutory creation of Louisiana's Workers' Compensation Advisory Council. The bill eliminates a 17-member body that previously monitored workers' compensation administration, made recommendations to the legislature, and reviewed proposed rules. This council included representatives from labor, business, medical associations, attorneys, and the public. The repeal removes this advisory structure without replacing it, directly affecting the council's members and the process for gathering their input on workers' compensation policies. The bill does not change workers' compensation rules or benefits.

HB 185 clarifies the definition of an "independent contractor" under Louisiana's workers' compensation law. It states that independent contractors are generally excluded from workers' comp coverage unless "a substantial part" of their work involves manual labor. The bill specifically excludes trucking-related tasks (like driving, fueling, or connecting trailers) from counting as manual labor. Additionally, it expands coverage to include employees of independent contractors and other contractors working through them. This change directly affects workers and businesses classified as independent contractors in Louisiana.

SB 162 modifies Louisiana's workers' compensation system by changing how disputes over medical treatment decisions are handled. It allows any party disagreeing with a medical director's decision to appeal within 45 days using LWC Form 1008. To overturn a decision, the appealing party must present "clear and convincing evidence" showing the decision violated the law, and only evidence previously reviewed by the medical director can be used in the appeal. This directly affects workers and employers in Louisiana workers' compensation cases involving medical treatment disputes. The bill focuses on streamlining the appeals process for medical treatment decisions under the existing workers' compensation framework.