Louisiana Job Injury Law Blog

Longshore & Harbor Workers Compensatoin Laws are found primarily in United States Code Title 33,CHAPTER 18.

LHWCA
TITLE 33 NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18
LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT

• § 901. Short title
• § 902. Definitions
• § 903. Coverage
• § 904. Liability for compensation
• § 905. Exclusiveness of liability
• § 906. Compensation
• § 907. Medical services and supplies
• § 908. Compensation for disability
• § 909. Compensation for death
• § 910. Determination of pay
• § 911. Guardian for minor or incompetent
• § 912. Notice of injury or death
• § 913. Filing of claims
• § 914. Payment of compensation
• § 915. Invalid agreements
• § 916. Assignment and exemption from claims of creditors
• § 917. Compensation a lien against assets
• § 918. Collection of defaulted payments; special fund
• § 919. Procedure in respect of claims
• § 920. Presumptions
• § 921. Review of compensation orders
• § 922. Modification of awards
• § 923. Procedure before deputy commissioner or Board
• § 924. Witnesses
• § 925. Witness fees
• § 926. Costs in proceedings brought without reasonable grounds
• § 927. Powers of deputy commissioners or Board
• § 928. Fees for services
• § 929. Record of injury or death
• § 930. Reports to Secretary
• § 931. Penalty for misrepresentation; prosecution of claims
• § 932. Security for compensation
• § 933. Compensation for injuries where third persons are liable
• § 934. Compensation notice
• § 935. Substitution of carrier for employer
• § 936. Insurance policies
• § 937. Certificate of compliance with this Act
• § 938. Penalty for failure to secure payment of compensation
• § 939. Administration by Secretary
• § 940. Deputy commissioners
• § 941. Safety rules and regulations
• § 942. Annual report
• § 943. [Repealed]
• § 944. Special fund
• § 945. [Repealed]
• § 948. Laws inapplicable
• § 948a. Discrimination against employees who bring proceedings; penalties; deposit of payments in special funds; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability
• § 949. Effect of unconstitutionality
• § 950. Separability provision
• §§ 951 -- 980. [Reserved]

For questions about the Longshore & Harbor Workers Compensation Act, contact your Longshore Lawyer.

For job injuries falling under the Louisiana Workers Compensation Act, the Act provides that a lump sum settlement is permitted only (1) Upon agreement between the parties, including the insurer's duty to obtain the employer's consent; (2) When it can be demonstrated that a lump sum payment is clearly in the best interests of the parties; and (3) Upon the expiration of six months after termination of temporary total disability. However, such expiration may be waived by consent of the parties.

Furthermore, a lump sum or compromise settlement entered into by the parties must be presented to the workers' compensation judge for approval through a petition signed by all parties and verified by the employee or his dependent, or by recitation of the terms of the settlement and acknowledgment by the parties in open court which is capable of being transcribed from the record of the proceeding.

The settlement typically includes a settlement of any and all claims the employee may have whatsoever against the employer and its insurer, including past, present and future medical benefits, indemnity payments, vocational rehabilitation benefits, mileage benefits, penalties, attorney fees, interest and any other potential claims the employee may have against the employer or its insurer and their representatives.

For questions about Workers Compensation Settlements in Louisiana, contact aLouisiana Workers Compensatoin Lawyer.

Source:

§1271. Right of parties to settle or compromise

§1272. Approval of lump sum or compromise settlements by the workers' compensation judge

§1274. Lump sum settlements; necessity for approval

Louisiana Workers Compensation Laws are found primarily in two sources, the Louisiana Revised Statutes Chapter 23, Sections 1021 - 1379 and in The Louisiana Administrative Code Title 40: Labor & Employment Part I: Workers' Compensation Administration

Louisiana Revised Statutes Chapter 23, Sections 1021 - 1379

The Louisiana Administrative Code Title 40: Labor & Employment Part I: Workers' Compensation Administration

Chapter 7 Rehabilitation Services

Chapter 9 Safety Requirements

Chapter 15 Drug Testing In Job Related Accident Cases

Chapter 19 Fraud

Chapter 27 Utilization Review Procedures

Chapter 55 Hearing Rules

La.R.S. 23 La.R.S. Chapter 23 - Complete

When an employee is injured on the job in Louisiana, his or her employer is required to report the injury.

For job injuries that fall under the Louisiana Workers Compensation Act, the employer the employer must timely complete LWC-WC-1007.pdf for purposes of providing work related accident and injury information to the State of Louisiana Office of Workers Compensation Administration.

For job injuries that fall under the Longshore and Harbor Workers Compensation Act, the employer is required to timely report a REPORTABLE INJURY - Any accidental injury which causes loss of one or more shifts of work or death allegedly arising out of and in the course of employment, including any occupational disease or infection believed or alleged to have arisen naturally out of such employment, or as a natural or unavoidable result from an accidental injury. The injury is reported on LS-202 PDF.pdf

There are also OSHA reporting requirements. See PART 1904 - Recording and Reporting Occupational Injuries and Illnesses as well as other reporting requriements for employees that fall under other compensation systems.

LWCC's list of handpicked company doctors and other company oriented healthcare providers can be found online at LWCC's OMNET database. OMNET is LWCC's occupational medicine network recommended to employers for treatment favorable to the employer and its LWCC insurer's pocketbooks. LWCC uses OMNET to direct injured employees to company doctors who treat them at overall lower price points. LWCC doesn't want injured employees to treat with "cost intesive providers". Cost intesive providers are healthcare providers most likely not found in the OMNET database and who spend more money on the injured worker than OMNET providers.

The company doctors are bound by two conflicting ideals: serving the medical needs of their patients while protecting the company's bottom line.

Injured employees who are covered by the Louisiana Workers Compensatoin Act have the right to choose one doctor in each specialty. While LWCC may want the injured worker to choose his or her physician from the OMNET company doctor list, the injured worker is not required to pick his or her physician from the OMNET list. Some savvy injured workers search the OMNET database to avoid choosing an OMNET company doctor or provider.

Is your physician found in the OMNET Database of Company Doctors?

For questions about your work injury case, contact Louisiana Workers Compensation Benefits Lawyer.

The Network of Employers for Traffic Safety, NHTSA AND OSHA have set forth a 10-Step Program of what an employer can do to improve traffic safety. They include:

• Senior Management Commitment & Employee Involvement
• Written Policies and Procedures
• Driver Agreements
• Motor Vehicle Record (MVR) Checks
• Crash Reporting and Investigation
• Vehicle Selection, Maintenance and Inspection
• Disciplinary Action System
• Reward/Incentive Program
• Driver Training/Communication
• Regulatory Compliance

Source:

OSHA_NHTSA & NETS_Guide.pdf

If you are injured on the job and your job injury is covered by the Louisiana Workers Compensation Act, your healthcare providers will probably be paid according to the amounts set forth in the Louisiana Workers' Compensation Fee Schedule.

The Fee Schedule sets forth rates for reimbursement according to Current Procedural Terminology (CPT) codes. In the event there is no procedure code because of the procedure is relatively new, the reimbursement is made by report ("BR"). In this situation, it may be best for the healthcare provider to negotiate the fee before the procedure is performed otherwise the provider may be faced with negotiating the fee after the procedure is done.

In a case I recently handled, the patient injured his back on the job while working as a pipefitter in a Lake Charles, Louisiana plant. The orthopedist felt the injured worker should lose weight before having back surgery and believed that he would benefit from a LAP BAND procedure. After consulting with the LAP BAND surgeon, that surgeon believed the procedure to be medically necessary. The workers compensation insurer agreed to pay for the surgery but there was no CPT Code for a lap band procedure in the Fee Schedule. Ultimately, the surgeon agreed to perform the surgery for an upfront cash payment.

Resources:

Medical Reimbursement Schedule For Louisiana Workers Compensatoin.pdf

Gatx Corporation, Camp Minden, LA Incident: On March 12, 2010, Employee #1 and five coworkers were stenciling the exterior and visually verifying the interior of three railcars. The employee had equipped himself with a monitoring meter to perform internal railcar, confined space testing prior to entry. Employee #1 operated a truck crane to remove the manway covers that two coworkers had unbolted. After the lid was removed, Employee #1 dismounted the truck crane but left the monitoring meter. Employee #1 mounted and entered, to photograph, two subsequent railcars but did no preentry monitoring. On the third railcar, Employee #1 entered the railcar without conducting preentry atmospheric monitoring. Employee #1 was in the railcar, took several photos, then preceded to exit up the interior ladder but fell back into the railcar. Coworker #1 (hole watch) was preparing to enter the space but was told not to enter the railcar by the remaining coworkers. Coworker #1 yelled down to a crew member to bring him the monitoring meter. He placed the probe into the manway and immediately got a low oxygen alarm. The reading was between 5 and 7.3 oxygen. Employee #1 died in the confined space due to oxygen deprivation. The employee was equipped with a cartridge respirator.

Source:

OSHA Office Baton Rouge