LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 764 HLS 24RS 1108
Bill Text Version: ORIGINAL
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: April 10, 2024 4:39 PM Author: TAYLOR
Dept./Agy.: Office of Risk Management & LA Workforce Commission
Subject: Defenses in Workers’ Compensation Claims Analyst: Noah O’Dell
WORKERS COMPENSATION OR INCREASE SG EX See Note Page 1 of 1
Provides relative to defenses in workers' compensation claims
Current law provides for defenses in which an employer is not liable for workers’ compensation (WC) benefits to an injured
employee. Current law provides for appeals processes when disagreements or disputes occur related to WC benefits.
Proposed law prohibits an employer from asserting a lack of compensability or causation when an appeal is filed or in an
answer to a disputed claim for compensation regarding a medical treatment approved, if the employer did not assert such
defenses at the first opportunity as a basis for denial of authorization of a medical treatment.
Effective August 1, 2024
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. INCREASE INCREASE INCREASE INCREASE INCREASE
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
The Office of Risk Management (ORM) reports the proposed law may increase SGF expenditures by less than $100,000
annually should claim patterns remain constant. The bill prevents an employer/insurer from asserting a lack of
compensability or causation defense in an appeal filed or in answer to a disputed claim for compensation regarding a medical
treatment approved, if the defense was not asserted at the first opportunity as a basis for denial of authorization of a
medical treatment. ORM reports lack of compensability or causation defenses are nearly always asserted at the first
opportunity. However, to the extent these defenses can no longer be applied, the bill may require employers/insurers,
including ORM, to provide payment for medical services when no such liability exists under workers’ compensation.
ORM funds Workers’ Compensation for state employees through interagency transfers derived from premiums billed to state
agencies.
Louisiana Workforce Commission (LWC) reports the agency will be able to comply with the proposed measure utilizing
existing resources.
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Deborah Vivien
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Chief Economist