House Bill No. 764, introduced by Representative Taylor, aims to amend the defenses available in workers' compensation claims specifically concerning the compensability or causation of medical treatments. The bill enacts a new provision, R.S. 23:1081(14), which stipulates that no defense asserting a lack of compensability or causation shall be permitted in appeals or answers to disputed claims regarding medical treatments that have been approved, unless such a defense was asserted at the first opportunity as a basis for denying authorization of the treatment. This change is intended to streamline the process and ensure that defenses are raised promptly.
The bill retains existing laws related to workers' compensation, including the employer's burden of proof in cases where compensation may be denied due to specific reasons, such as employee intoxication or willful injury. It also maintains the procedures for drug and alcohol testing and the confidentiality of related information. Overall, the proposed law seeks to clarify and limit the defenses available to employers in workers' compensation cases, particularly in relation to medical treatment approvals.