House Bill No. 780, introduced by Representative Firment, amends Louisiana's workers' compensation laws to enhance penalties and attorney fees associated with nonpayment or failure to consent to medical treatment requests. The bill establishes that employers or insurers who do not provide timely payments may incur penalties of up to 12% of the unpaid compensation or $50 per day, capped at a maximum of $8,000. It also places the burden of proof on the party claiming penalties and attorney fees, requiring them to demonstrate their case by a preponderance of the evidence. Additionally, the bill clarifies that penalties for nonpayment will only apply if the actions are deemed arbitrary, capricious, or without probable cause, with exceptions for uncontrollable conditions affecting the employer or insurer.

Furthermore, the bill introduces new notification requirements for injured employees regarding modifications, suspensions, or terminations of their compensation or medical benefits. Notices must be sent within specified timeframes and can be delivered via email or hand delivery. The legislation repeals certain existing provisions related to penalties for discontinuing payments and modifies the conditions under which current laws apply. It also requires employees to provide their mailing and email addresses upon request and outlines the process for objecting to preliminary determinations, including the need for a motion to strike within a specified timeframe. Overall, the bill aims to improve accountability within the workers' compensation system while ensuring timely medical benefits for employees.

Statutes affected:
HB780 Original: 23:1201(F), 23:1(A)(1)
HB780 Engrossed: 23:1201(F), 23:1(A), 23:1201(I), 23:1(A)(4)