2011 Louisiana Laws
Revised Statutes
TITLE 23 — Labor and worker's compensation
RS 23:1541.1 — Notice of chargeability of benefits to base-period employers; employer's right to contest; application for review; procedure

§1541.1. Notice of chargeability of benefits to base-period employers; employer's right to contest; application for review; procedure

A. The administrator shall issue, upon the commencement of payment of a claim, a determination of chargeability of benefits to base-period employers. The determination shall be conclusive and binding upon any such base-period employer unless he files an application for initial review, setting forth his reasons within twenty days after the date of mailing of any such determination.

B. Upon initial review, the administrator shall affirm, modify, or reverse such determination of chargeability. The employer shall be promptly notified in writing of the administrator's initial review, which shall become final unless the employer requests a hearing to appear before the administrator within twenty days after the date of mailing of the decision of review. Upon being given the opportunity to be heard, the employer shall be promptly notified of the administrator's action, which shall be final unless the employer files a petition for judicial review in the state district court of the employer's domicile within twenty days of the date of mailing such action. In any court proceeding under this Subsection, the findings of the administrator as to facts shall be presumed to be prima facie correct, if supported by substantial and competent evidence. These proceedings shall be heard in summary manner and shall be given precedence over all other civil cases, except cases arising under Part VI of this Chapter or Chapter 10 of this Title. An appeal may be further taken from the decision of the state district court in the same manner, but not inconsistent with the provisions of this Chapter, as provided in other civil cases.

C. Chargeability under this Section is not altered unless and until such decision is finally modified or reversed by the administrator or court.

D. Any final decision of the administrator or the court shall be binding upon the employer upon his receipt of the quarterly statement of benefit charges. No employer shall thereafter have standing in any administrative or judicial proceeding to contest the chargeability to his record of any such paid benefits for which he previously sought review or appeal and was given notice under this Section.

Acts 2003, No. 457, §1, eff. June 20, 2003.