Read the full stored bill text
HLS 26RS-2199 ENGROSSED
2026 Regular Session
HOUSE BILL NO. 1101
BY REPRESENTATIVE MELERINE
WORKERS COMPENSATION: Provides relative to maximum medical improvement,
income benefits, the misrepresentation of benefits or payments, and the rehabilitation
of injured employees under workers' compensation
1 AN ACT
2 To amend and reenact R.S. 23:1021(introductory paragraph), 1123, 1208(A),
3 1221(introductory paragraph), (1)(d), and (3)(d)(introductory paragraph) and (ii), and
4 1226(A) and (B)(1)(introductory paragraph) and (3)(a) and to enact R.S.
5 23:1021(14), relative to workers' compensation; to define maximum medical
6 improvement; to provide for the misrepresentation of workers' compensation benefits
7 or payments; to provide for the compensation of certain income benefits due under
8 workers' compensation; to provide for the rehabilitation of injured employees; and
9 to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 23:1021(introductory paragraph), 1123, 1208(A), 1221(introductory
12 paragraph), (1)(d), and (3)(d)(introductory paragraph) and (ii), and 1226(A) and
13 (B)(1)(introductory paragraph) and (3)(a) are hereby amended and reenacted and R.S.
14 23:1021(14) is hereby enacted to read as follows:
15 §1021. Terms defined
16 As used in this Chapter, unless the context clearly indicates otherwise, the
17 following terms shall be given have the meaning meanings ascribed to them in this
18 Section:
19 * * *
Page 1 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2199 ENGROSSED
HB NO. 1101
1 (14)(a) "Maximum Medical Improvement" or "MMI" means the employee's
2 condition is unlikely to improve substantially with or without medical treatment.
3 (b) The fact that the employee requires or receives medical treatment to
4 maintain his condition or to manage chronic pain does not prevent a finding of
5 maximum medical improvement.
6 * * *
7 §1123. Disputes as to condition or capacity to work; additional Additional medical
8 opinion regarding an examination under supervision of the assistant
9 secretary
10 If any dispute arises as to the condition of the employee, including but not
11 limited to the cause of the condition, whether the employee has reached maximum
12 medical improvement, or the employee's capacity to work, the assistant secretary,
13 upon application of any party, shall order an additional medical opinion regarding
14 an examination of the employee to be made by a medical practitioner selected and
15 appointed by the assistant secretary. The medical examiner shall report his
16 conclusions from the examination to the assistant secretary and to the parties and
17 such the report shall be prima facie evidence of the facts therein stated in any
18 subsequent proceedings under pursuant to this Chapter.
19 * * *
20 §1208. Misrepresentations concerning benefit benefits or payments; penalty
21 A.(1) It shall be unlawful for any person, for the purpose of obtaining or
22 defeating any benefit or payment under pursuant to the provisions of this Chapter,
23 either for himself or for any other person, to willfully make a false statement or
24 representation. The elements required for fraud provided for in this Paragraph are
25 exclusive and no further requirements are necessary to establish fraud pursuant to
26 this Section.
27 (2) Evidence that a false statement or representation does not alter a medical
28 expert's opinion concerning causation or treatment of an injury or occupational
29 disease compensable pursuant to this Chapter shall not be considered in defense to
Page 2 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2199 ENGROSSED
HB NO. 1101
1 fraud as provided for in this Section, if the false statement or representation would
2 be otherwise prohibited pursuant to Paragraph (1) of this Subsection.
3 * * *
4 §1221. Temporary total disability; permanent total disability; supplemental earnings
5 benefits; permanent partial disability; schedule of payments
6 Compensation shall be paid under pursuant to this Chapter in accordance
7 with the following schedule of payments:
8 (1) Temporary total.
9 * * *
10 (d) An award of benefits based on temporary total disability shall cease when
11 the physical condition of the employee has resolved itself to the point that a
12 reasonably reliable determination of the extent of disability of the employee may be
13 made and the employee's physical condition has improved to the point that
14 continued, regular treatment by a physician is not required of maximum medical
15 improvement. However, in no event shall benefits based on temporary total
16 disability exceed a maximum of one hundred fifty-six weeks. Termination of
17 temporary total disability benefits as provided for in this Paragraph shall not
18 preclude an award of benefits provided for in Paragraphs (2), (3), and (4) of this
19 Section.
20 * * *
21 (3) Supplemental earnings benefits.
22 * * *
23 (d) The right to supplemental earnings benefits pursuant to this Paragraph
24 shall in no event exceed a maximum of five hundred twenty four hundred sixteen
25 weeks, but shall terminate:
26 * * *
27 (ii) After receipt of a maximum of five hundred twenty four hundred sixteen
28 weeks of benefits, provided that for any week during which the employee is paid any
29 compensation under pursuant to this Paragraph, the employer shall be entitled to a
Page 3 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2199 ENGROSSED
HB NO. 1101
1 reduction of one full week of compensation against the maximum number of weeks
2 for which compensation is payable under pursuant to this Paragraph; however, for
3 any week during which the employee is paid no supplemental earnings benefits, the
4 employer shall not be entitled to a reduction against the maximum number of weeks
5 payable under pursuant to this Paragraph; or
6 * * *
7 §1226. Rehabilitation of injured employees
8 A. When an employee has suffered an injury covered by this Chapter which
9 precludes the employee from earning wages equal to wages earned prior to the
10 injury, the employee shall be entitled to prompt vocational rehabilitation services.
11 Vocational rehabilitation services shall be provided by a licensed professional
12 vocational rehabilitation counselor, and all such services provided shall be compliant
13 with the Code of Professional Ethics for Licensed Rehabilitation Counselors as
14 established by R.S. 37:3441 et seq.
15 B.(1) The goal of vocational rehabilitation services is to return a worker with
16 a disability to work suitable gainful employment, with a minimum of retraining, as
17 soon as possible after an injury occurs. Suitable gainful employment means a
18 position offered by the employer or identified by the vocational rehabilitation
19 counselor selected pursuant to this Section that is within the employee's physical
20 work restrictions and available within the employee's community or a reasonable
21 geographic area, regardless of whether the specific position is approved by a
22 physician or offered to the employee. The first appropriate option among the
23 following must be chosen for the worker:
24 * * *
25 (3)(a) The employer shall be responsible for the selection of select a licensed
26 professional vocational rehabilitation counselor to evaluate and assist the employee
27 in his job placement or vocational training. Should the employer refuse to provide
28 these services, or a dispute arises concerning the work of the vocational counselor,
29 the employee may file a claim with the office to review the need for such services
Page 4 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2199 ENGROSSED
HB NO. 1101
1 or the quality of services being provided. The employee shall have a right to an
2 expedited summary proceeding pursuant to R.S. 23:1201.1(K)(8). The workers'
3 compensation judge shall set a hearing date within three days of receiving the
4 motion. The hearing shall be held not less than ten, nor more than thirty days, after
5 the employer or payor receives notice, delivered by certified or registered mail, of
6 the employee's motion. The workers' compensation judge shall provide notice of the
7 hearing date to the employer and payor at the same time and in the same manner that
8 notice of the hearing date is provided to the employee or his attorney. For the
9 purposes of this Section, an employee shall not be required to submit the dispute on
10 the issue of vocational services to mediation or go through a pretrial conference
11 before obtaining a hearing. The hearing shall be conducted as a rule to show cause.
12 * * *
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 1101 Engrossed 2026 Regular Session Melerine
Abstract: Provides relative to maximum medical improvement, certain income benefits,
the misrepresentation of benefits or payments, and the rehabilitation of injured
employees under workers' compensation.
Present law defines certain terms.
Proposed law adds the definition of maximum medical improvement and otherwise retains
present law.
Present law provides that if any dispute arises as to the condition of the employee or the
employee's capacity to work, the assistant secretary of the office of workers' compensation
administration (OWCA), upon application of any party, shall order an additional medical
opinion regarding an examination of the employee. Present law further provides that the
examination shall be conducted by a medical practitioner who is selected and appointed by
the assistant secretary.
Proposed law adds and clarifies that a dispute of the parties can include but is not limited to
the cause of the employee's condition regardless of whether the employee has reached
maximum medical improvement. Proposed law otherwise retains present law.
Present law requires the medical examiner to report his conclusions from the examination
to the assistant secretary of OWCA and to the parties. Present law provides that the report
shall be prima facie evidence of the facts stated in any subsequent proceedings pursuant to
present law.
Page 5 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2199 ENGROSSED
HB NO. 1101
Proposed law retains present law.
Present law prohibits a person, whether on his own behalf or another person's behalf, from
willfully making a false statement or representation in order to obtain or prevent any benefits
or payments due pursuant to present law.
Proposed law provides that the elements required for fraud provided for in present law (R.S.
23:1208(A)(1)) are exclusive and that no further requirements are necessary to establish
fraud. Proposed law retains present law.
Proposed law prohibits the assertion of a defense of fraud regardless of whether the false
statement or representation does not alter a medical expert's opinion concerning causation
or treatment of an injured or occupational disease, if the false statement or representation
would be prohibited pursuant to present law (R.S. 23:1208(A)(1)).
Present law provides that compensation owed in workers' compensation claims shall be paid
in accordance with the established schedule of payments provided for in present law, which
includes temporary total disability and supplemental earnings benefits.
Present law provides that temporary total disability benefits shall cease when the employee's
physical condition has resolved itself to the point that a reasonably reliable determination
of the extent of the employee's disability may be made and the employee's physical condition
has improved to the point that continued, regular treatment by a physician is not required.
Proposed law instead provides that temporary total disability benefits shall cease when the
employee's physical condition has resolved itself to the point of maximum medical
improvement.
Proposed law provides that payment of temporary total disability benefits shall not exceed
a maximum of 156 weeks. Proposed law further provides that the termination of temporary
total disability benefits shall not preclude an award of benefits provided for permanent total
disability, supplemental earning benefits, and permanent partial disability.
Present law provides for the award of supplemental earnings benefits for an injury resulting
in the employee's inability to earn a certain percentage of his pre-injury wages and provides
for the calculation of that amount. Proposed law retains present law.
Present law provides that supplemental earnings benefits shall not exceed a maximum of 520
weeks.
Proposed law changes the weeks from 520 weeks to 416 weeks.
Present law provides that, after receipt of a maximum of 520 weeks of supplemental
earnings benefits, an employer shall be entitled to a reduction of one full week of
compensation against the maximum number of weeks that compensation was paid.
However, present law further provides that an employer shall not be entitled to a reduction
if the employee was not paid supplemental earnings benefits during any week that
compensation was owed to him.
Proposed law changes the weeks from 520 weeks to 416 weeks and otherwise retains present
law.
Present law provides that the employee shall be entitled to rehabilitation services if the
employee has suffered an injury covered by present law, which precludes the employee from
earning wages equal to his pre-injury wages.
Proposed law clarifies that the employee shall be entitled to vocational rehabilitation
services. Proposed law otherwise retains present law.
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2199 ENGROSSED
HB NO. 1101
Present law provides that the goal of rehabilitation services is to return a worker with a
disability to work, with a minimum of retraining, as soon as possible after an injury occurs.
Proposed law instead provides that the goal of vocational rehabilitation services is to return
a worker with a disability to suitable gainful employment, with a minimum of retraining, as
soon as possible after an injury occurs.
Proposed law defines suitable gainful employment as a position offered by the employer or
a position identified by the vocational rehabilitation counselor that is within the employee's
physical work restrictions and available within the employee's community or a reasonable
geographic area, regardless of whether the specific position is approved by a physician or
offered to the employee.
(Amends R.S. 23:1021(intro. para), 1123, 1208(A), 1221(intro. para.), (1)(d), and
(3)(d)(intro. para.) and (ii), and 1226(A) and (B)(1)(intro. para.) and (3)(a); Adds R.S.
23:1021(14))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill:
1. Remove provision of proposed law that provides for when income benefits and
death benefits due pursuant to present law and proposed law shall terminate.
2. Make title and technical changes.
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.