2012 Louisiana Laws
Revised Statutes
TITLE 23 — Labor and worker's compensation
RS 23:1625.1 — Prompt determination of claims; duty of employers
§1625.1. Prompt determination of claims; duty of employers
A. In making determinations of claims, the administrator shall require that information necessary for the prompt determination of claims be sought from each employer. Employers shall timely provide wage, employment, and separation information, and shall complete all forms and reports as requested by the administrator or his designee. A response to such requests shall be timely if it is received within ten days from the date of mailing.
B.(1) If an employer fails to provide information in a timely manner without good cause, the employer shall be deemed to have abandoned its appeal rights as provided for in R.S. 23:1629 through 1634, and a determination to that effect shall be issued. Any appeal filed by such an employer, other than with regard to the timeliness of fulfilling its obligations in Subsection A of this Section, shall be dismissed, and such employer shall be liable for any resulting benefits paid, except as provided in Subsection C of this Section.
(2) If the employer has good cause for failing to provide the information in the time frame requested, the employer's appeal rights shall not be deemed to be abandoned. For the purposes of this Section, good cause may be established if the employer:
(a) Made reasonable attempts to provide the information within the time frame requested.
(b) Was prevented from complying due to compelling circumstances.
C. In any appeal pursuant to R.S. 23:1629, the referee may, in his discretion as defined in Subsection D of this Section, hear the employer's appeal or call the employer, the claimant, or both as witnesses.
D. In reviewing the merits of the case, to determine good cause, the referee shall take into consideration the following: whether the failure to provide information was deliberate or knowing, whether the employer has failed to provide complete or accurate information in other instances, or whether the employer was represented by counsel or a professional representative who knew or should have known of the employer's obligation to respond timely.
Acts 2009, No. 149, §1, eff. April 1, 2010.
Disclaimer: These codes may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
