2006 Louisiana Laws - RS 23:1310.3 — Initiation of claims; mediation; procedure

§1310.3.  Initiation of claims; mediation; procedure

A.  A claim for benefits, the controversion of entitlement to benefits, or other relief under the Workers' Compensation Act shall be initiated by the filing of the appropriate form with the office of workers' compensation administration.  Mailing, facsimile transmission, or electronic transmission of the form constitutes the initiation of a claim under R.S. 23:1209.

B.(1)  Upon receipt of the form, the director shall assign the matter to a district.  Upon the request of the injured employee, the matter shall be set for an initial mediation conference within fifteen days of receipt of the form specifying the proper parties unless all parties agree to waive the mediation conference.  A pretrial mediation shall be set not less than thirty days prior to trial.  The pretrial mediation shall not be waived and shall be attended in person.  All mediation conferences shall be before a workers' compensation mediator who shall mediate and encourage settlement of the case or determine issues in dispute.  Within five days following the conference the workers' compensation mediator shall issue a report stating the results of the conference which shall be transmitted to the parties by United States mail, electronic transmission, or facsimile transmission.

(2)  If any party fails to appear at a mediation conference after proper notice, the workers' compensation judge, upon report from the workers' compensation mediator, may fine the delinquent party an amount not to exceed five hundred dollars, which shall be payable to the Office of Workers' Compensation Administrative Fund.  In addition, the workers' compensation judge may assess against the party failing to attend costs and reasonable attorney fees incurred by any other party in connection with the conference.  If the plaintiff fails to appear after proper notice, the workers' compensation judge may dismiss the plaintiff's case without prejudice.  The penalties provided for in this Subsection shall be assessed by the workers' compensation judge only after a contradictory hearing which shall be held prior to the hearing on the merits of the dispute.

C.  Upon notice from the workers' compensation mediator that the parties were unable to resolve the dispute at the initial mediation or if the initial mediation was not requested by the injured worker, service of process shall be effected on any named defendant in any manner provided by law or by certified mail.  All subsequent pleadings requiring service shall also be served in any manner provided by law or by certified mail.  A defendant shall file an answer within fifteen days of service of the form or within a delay for answering granted by the workers' compensation judge not to exceed an additional ten days.

D.  The filing of the answer shall be deemed timely when the answer is mailed, transmitted by facsimile, or electronic transmission on or before the day on which said delays run.  If the answer is received by mail, facsimile, or electronic transmission on or before the first legal day following the expiration of the due date, there shall be a rebuttable presumption that the answer was timely filed.  In all cases where the presumption does not apply, the timeliness of the mailing or transmittal shall be shown by an official United States postmark, official receipt of certificate from the United States Postal Service, facsimile transmission confirmation, or electronic receipt confirmation made at the time of transmission which indicates the date thereof.

E.  Except as otherwise provided by R.S. 23:1101(B), 1361, and 1378(E), the workers' compensation judge shall be vested with original, exclusive jurisdiction over all claims or disputes arising out of this Chapter, including but not limited to workers' compensation insurance coverage disputes, group self-insurance indemnity contract disputes, employer demands for recovery for overpayment of benefits, the determination and recognition of employer credits as provided for in this Chapter, and cross-claims between employers or workers' compensation insurers or self-insurance group funds for indemnification or contribution, concursus proceedings pursuant to Louisiana Laws of Civil Procedure Articles 4651 et seq. concerning entitlement to workers' compensation benefits, payment for medical treatment, or attorney fees arising out of an injury subject to this Chapter.

F.(1)  Any party challenging the constitutionality of any provision of this Chapter shall specially plead such an allegation in the original petition, an exception, written motion, or answer, which shall state with particularity the grounds for such an allegation.

(2)  Within thirty days of the filing of any pleading raising the issue of unconstitutionality, the party making such an allegation must file a petition in a state district court of proper jurisdiction for purposes of adjudicating the claim of unconstitutionality.  Said filing shall be given priority in hearing such claim not more than ten days from being presented to the district court.

(3)  Failure to follow the procedures set forth in this Section shall bar any claim as to the unconstitutionality of any provision of this Chapter on appeal.

Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 26, §1; Acts 1989, No. 260, §1, eff. Jan. 1, 1990; Acts 1991, No. 892, §1; Acts 1992, No. 760, §1; Acts 1995, No. 348, §1, eff. June 16, 1995; Acts 1997, No. 88, §1, eff. June 11, 1997; Acts 1997, No. 94, §1, eff. June 11, 1997; Acts 2001, No. 1084, §1; Acts 2004, No. 341, §1, eff. June 18, 2004; Acts 2005, No. 257, §1; Acts 2006, No. 48, §1, eff. May 16, 2006.