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Workers’ Comp Reforms Get Green Light from Senate Labor
Two bills addressing components of Louisiana’s costly workers’ compensation operation are headed to the Senate Floor after the upper chamber’s Labor Committee approved them Wednesday. Both measures are being carried by the Committee’s chair, Sen. Alan Seabaugh (R-Many).
SB 162 amends the current appeals process for medical treatment decisions. Under current law, disputes concerning proposed medical care are initially submitted to the Office of Workers’ Compensation medical director to be resolved per evidence-based medical treatment guidelines. The medical director’s decision may be appealed to a WC judge, who can overturn it only if “clear and convincing” evidence shows the decision was wrong.
Although the present-day process is structured as an appeal, which by law limits evidence, courts have allowed parties to submit new evidence to the presiding judge. This results in unnecessary delays and litigation costs as parties take depositions, request supplemental records, etc. Chairman Seabaugh’s bill makes appeals of the medical director’s decisions true appeals. Under SB 162, judicial decisions concerning medical treatment would be based on the same evidence submitted to, and considered by, the medical director. An agreed upon amendment would allow WC judges to submit new evidence to the medical director to consider and potentially modify the initial position.
Ultimately, the measure will expedite medical decision making, reduce litigation delays and costs, preserve agency authority and ensure continuity of care.
SB 382 repeals the ineffective Workers’ Compensation Advisory Council. The WCAC, first created in the 1980s, is an obsolete body that has not met for several years after being active during the Blanco and Jindal administrations. Its influence eroded under Gov. John Bel Edwards due to a membership largely composed of trial lawyers and labor representatives. Maintaining this inactive and ineffective council is a waste of government resources. This legislation was reported favorably.
LABI’s Patrick Robinson, who oversees our Employee Relations Issue Council testified in support of SB 382, informing the Committee that in discussions with the current administration, he’s learned the Council is still not being utilized and has not had members appointed to it.