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HLS 26RS-2586 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 1023
BY REPRESENTATIVE MENA
WORKERS COMPENSATION: Provides with respect to the selection of vocation
rehabilitation counselors
1 AN ACT
2 To amend and reenact R.S. 23:1226(B)(3)(a), relative to the rehabilitation of injured
3 employees; to provide a selection process for vocational rehabilitation counselors;
4 to provide for a dispute process for certain issues regarding the vocational
5 rehabilitation counselor; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 23:1226(B)(3)(a) is hereby amended and reenacted to read as
8 follows:
9 §1226. Rehabilitation of injured employees
10 * * *
11 B.
12 * * *
13 (3)(a) The employer shall be responsible for the selection of a licensed
14 professional vocational rehabilitation counselor to evaluate and assist the employee
15 in his job placement or vocational training. The employer or employee may request
16 vocational services from the office of workers' compensation administration through
17 a process determined by the assistant secretary. Upon request, the assistant secretary
18 shall appoint a vocational rehabilitation counselor from a list of counselors compiled
19 by the assistant secretary. Should the employer refuse to provide these services, or
20 If a dispute arises concerning regarding the work of the vocational rehabilitation
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2586 ORIGINAL
HB NO. 1023
1 counselor, the employee or employer may file a claim with the office to review the
2 need for such the vocational services or the quality of the services being provided.
3 The employee shall have a right to an expedited summary proceeding pursuant to
4 R.S. 23:1201.1(K)(8). The workers' compensation judge shall set a hearing date
5 within three days of receiving the motion. The hearing shall be held not less than
6 ten, nor more than thirty, days, after the employer or payor receives notice, delivered
7 by certified or registered mail, of the employee's motion. The workers'
8 compensation judge shall provide notice of the hearing date to the employer and
9 payor at the same time and in the same manner that notice of the hearing date is
10 provided to the employee or his attorney. For the purposes of this Section, an
11 employee shall not be required to submit the dispute on the issue of vocational
12 services to mediation or go through a pretrial conference before obtaining a hearing.
13 The hearing shall be conducted as a rule to show cause.
14 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1023 Original 2026 Regular Session Mena
Abstract: Provides relative to the selection of vocational rehabilitation counselors in
workers' compensation cases.
Present law states that the employer shall be responsible for selecting a licensed professional
vocational rehabilitation counselor for the purpose of evaluating and assisting the employee
in his job placement or vocational training.
Proposed law instead allows the employer or employee to request vocational services from
the office of workers' compensation (OWCA) through a process determined by the assistant
secretary. Proposed law further provides that, upon request, the assistant secretary shall
appoint a vocational rehabilitation counselor from a list of counselors compiled by the
assistant secretary.
Present law allows the employee to file a claim with the OWCA if the employer refuses to
provide services, or if a dispute arises concerning the work of the vocational counselor.
Present law further provides that the OWCA shall review the need for the services or the
quality of the services being provided.
Proposed law removes language that allows the employee to file a claim if the employer
refuses to provide services. Proposed law otherwise retains present law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2586 ORIGINAL
HB NO. 1023
Present law provides that the employee shall have a right to an expedited summary
proceeding pursuant to present law (R.S. 23:1201.1(K)(8)). Present law also provides a
detailed procedural process for the selection of the hearing date and the process for notifying
all applicable parties of the hearing date.
Proposed law retains present law.
(Amends R.S. 23:1226(B)(3)(a))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.