Pursuant to a judgment signed by 19th Judicial District Court Judge Donald Johnson on March 2, 2017, the OWCA was:
Enjoined, restrained, and prohibited from applying and/or enforcing the statutes and regulations which establish the system for the administrative determinations of form 1009 claims for medical benefits for injured workers by a medical director employed by the Office of Workers’ Compensation of the Louisiana Workforce Commission and administrative appeals therefore to Office of Workers’ Compensation judges. The enjoined statutes and regulations are as follows:
1. La. R.S. 23:1203.1 (J)(1), (K), (M);
2. La. R.S. 23:1314 (D) – E(1) inclusive;
3. 40 LAC 2715(B)(3), (d), (e), (f); and
4. 40 LAC 2715(E)(2), (F), (H), (I), (J), (K) and (L).
The OWCA filed a Suspensive Appeal, which was granted on March 9, 2017. Therefore, pending further action of the Appellate Court, the 1009 review process has resumed effective March 10, 2017, and will continue to operate as usual and as it had prior to the injunction.
|Due to the recent decision in Barber, et al. v. LWC, et al., 621,071, Sec. “26”, 19th Judicial District Court, rendered by Judge Donald R. Johnson on March 2, 2017, the Office of Workers’ Compensation Administration has determined that it would be in the best interest of all parties to halt the rule making process initiated by a Notice of Intent to revise 40 LAC § 2328, 2715, 2718 and 40 LAC § 5507 published in the Louisiana Register on February 20, 2017.|