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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
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.
When a medication has been previously approved, a LWC-WC-1010 shall not be required for any subsequent refills or new prescriptions of the previously approved medication within a six (6) month period.
Outlook for future of OWCA
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- Frequently Asked Questions
- Employers and workers, find answers to your questions about fighting fraud, medical services, and disputed claims.
Also, find answers to general questions about HIPAA, Workplace Safety & Health, and the Second Injury Board.
- Links For Employers
- Employers, find and download Workers' Compensation forms. Learn about Compliance, Rules & Procedures, Medical Services, Workplace Safety, and view information about the Second Injury Board. Also, get information on Disputed Claims or Reporting Fraud.
- Links For Workers
- Learn about the benefits you are entitled to as an injured worker. File a
disputed claim. Discover how your rights are protected under the Health
Insurance Portability and Accountability Act (HIPAA).
Find out how you can help fight Workers' Compensation Fraud
- Report Fraud
- Learn important information about Workers' Compensation fraud and how to report it.
- Report a Workplace Injury
- (*)Mandatory by law effective 1/1/2014: To electronically submit the new First Report of Injury or FROI (formerly the LWC-WC-1007), register at http://www.lwcedi.info/ by completing a “New Profile” under “Trading Partner Profile.” Trading Partners must indicate a Filing Method.
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