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Louisiana Workers'
Compensation Series

A comprehensive look at the Louisiana Workers' Compensation Act,plus coverage of the administrative rules,court decisions,and practical pointers.You will learn the structure of and how to navigate the administrative system. You will learn the various benefit forms and when they are due, including analysis counterpart to non-scheduled partial disability benefits,the Supplemental Earnings Benefits claim. Also,the administration of medical and rehabilitation benefits under the Louisiana Act, such as the medical fee schedule, Utilization Review,and the ranking of rehabilitation options.  

Louisiana Workers' Compensation Insurance System Overview
Learn the ins and outs of how insurance companies operate in Louisiana. This module covers the technical aspects of insurance in Louisiana including how insurance underwriters determine the premium employers pay and what factors drive up the cost of a workers' compensation insurance policy.  

Legal Module One: How Louisiana Workers' Compensation Works
This Module provides an historical background and examines where the Louisiana Workers' Compensation Act fits in the panoply of remedies that employees have against employers for occupational illnesses and injuries. The basic statutory and regulatory scheme for the Louisiana Workers' Compensation Act is covered as well as key definitions and concepts such as "Occupational Injury," "Occupational Illness," and who are "employers" and "employees" and "independent contractors." You will learn the principles that govern compensable claims, the extent of coverage of the Louisiana Act as well as jurisdictional criteria for some of the federal remedies common in Louisiana, and the basic roles of employer, insurer, and third party administrator. You will also learn the steps through the administrative process for voluntary payment of benefits as well as for the resolution of disputed claims.  

Legal Module Two: Benefits and Benefit Determinations
You will learn the various "indemnity" or lost-earnings compensation benefits, and the legal rules for determining which benefit applies in a specific instance as well as coordination of benefits that overlap in applicability. This Module also covers calculations of average weekly wage and compensation rates and offsets and credits for compensation benefits. You will learn about medical benefits in Louisiana and important cost-saving rules for the management of medical benefits. You will learn that, in Louisiana, vocational rehabilitation is both a remedy to which an employee is entitled and an obligation to which an injured employee must submit. This module also covers second medical opinions, state-ordered independent medical examinations, and important recent changes on the issue of choice of physician.  

Legal Module Three: Penalties, Fees, Forfeitures, Defenses, and Other Issues
Louisiana does not automatically award attorney fees to a prevailing claimant. This module covers the circumstances in which a claimant or health care provider is entitled to attorney fees or statutory penalties of top of benefits, the amount of fees and penalties, and who is responsible for payment. Louisiana has some of the strongest workers' compensation anti-fraud provisions of any jurisdiction and those are also covered in this module. You will learn the defenses to compensation claims including intoxication, misrepresentation on second-injury fund questionnaire, and unreasonable failure to follow physician instructions. This module also covers employer and insurer indemnity claims, third party claims, retaliation claims, second-injury fund relief, settlement procedure, modification of awards, and medicare set-asides.  

Legal Module Four: Trends and Updates in Louisiana Workers' Compensation
Workers' Compensation is one of the Louisiana Legislature's most frequently-visited topics and is an often-revised area of law. Hardly a regular legislative session goes by without at least some notable alteration to or tweaking of the compensation statutes. This module tracks changes in the statutes and also changes in the administrative regulations. This module further monitors court decisions, particularly in instances where the courts and the legislature or administration appear to be engaging in a "tug of war" on an issue.  

Our Attorney Partner
PATRICK, MILLER, BURNSIDE, & BELLEAU, LLC

Your instructor is Patrick H. Patrick, senior partner in Patrick, Miller, Burnside, & Belleau, LLC, in New Orleans, Louisiana. Mr. Patrick concentrates his practice in the areas of workers' compensation and employers' liability defense, including state claims and longshore and seamen's claims, and also represents insurers and insureds in coverage and premium audit disputes. He graduated from Tulane Law School in 1984, where he served as Articles Editor for the Tulane Law Review. Mr. Patrick is a frequent lecturer and writer on workers' compensation and insurance topics.

Patrick, Miller, Burnside, & Belleau is a full-service firm with a state-wide and regional practice. The firm has a Martindale-Hubbell AV peer-review rating and a broad base of insurance, institutional, and individual clients. For more information call (504)527-5400  

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