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LABI-Supported Amendments Turn Fee Schedule Revamp into Landmark WC Reform
Wednesday in House Labor, the Committee advanced SB 408 by Sen. Brach Myers (R-Lafayette), a major proposal to modernize Louisiana’s workers’ compensation fee schedule and the delivery of medical benefits to injured workers. While supportive of a long-overdue overhaul of the fee schedule, LABI had previously expressed concerns over physician reimbursement levels and other outstanding policy issues tied to system balance, predictability and cost impacts.
That position shifted significantly after Rep. Michael Melerine (R-Shreveport) offered a series of amendments, crafted with LABI’s input, drawing from Rep. Melerine’s HB 1101 and HB 780 by Rep. Gabe Firment (R-Pollock). Those bills had already been passed by the House. With these changes, LABI, on behalf of its members, now supports SB 408 as the product of a negotiated, multi-stakeholder compromise aimed at modernizing the system while improving outcomes for injured workers and employers alike.
Rep. Melerine told the committee the amendments turn SB 408 into a reform measure to prevent the system from reaching a breaking point, noting that Louisiana last saw a full overhaul during the Foster administration when the system was facing “an existential crisis.” He added that the goal is to “fix it before we get to that point,” emphasizing that while no stakeholder gets everything they want, the package represents a balanced path forward to stabilize the system and move the state ahead.
In practical terms, the amended bill modernizes how medical care is delivered, strengthens return-to-work outcomes, improves transparency in the fee schedule and works to reduce system abuse while increasing consistency in claims handling.
Rep. Melerine’s amendments were adopted 6-3 and later refined and re-approved by the committee, 8-2. After roughly 90 minutes of debate, the full committee advanced the bill by a 7-3 vote.
If enacted with these amendments, SB 408 would represent the most significant update to Louisiana’s workers’ compensation system since the 1990s, moving the state away from long-standing outlier status and toward a more modern, balanced framework.
Key portions of the amendments:
- Define “maximum medical improvement (MMI)” as the point when an injured worker is not expected to significantly improve further, regardless of treatment.
- Set clearer limits on temporary total disability (TTD), capping benefits at MMI or 208 weeks (with a limited extension added through the amendment).
- Allow both causation and MMI to be used as bases for independent medical examinations.
- Reduce the maximum duration of supplemental earnings benefits from 520 weeks to 416 weeks.
- Revise an administrative process intended to expedite dispute resolution and reduce litigation costs.
Later in the week, LABI testified in support of HB 456 by Rep. Emily Chenevert (R-Baton Rouge) before the Senate Labor Committee. The bill, which was ultimately approved by the Committee, makes targeted updates to Louisiana’s workers’ compensation system aimed at improving clarity, transparency and fairness in the claims process. The bill strengthens petition requirements by ensuring filings include key details such as the names and addresses of all parties, the time, place and cause of the injury, clear factual statements outlining the benefits allegedly owed, and a concise request for relief. In addition, the measure expands the ability of employers and payers to file disputed claims beyond the current limited circumstances of fraud or medical director appeals, allowing disputes over benefits and other workers’ compensation issues to be addressed more efficiently.
Overall, HB 456 is designed to create a more structured, fair and predictable process for resolving workers’ compensation claims while preserving access to the system.