On October 19, 2018, in
Barber v. Louisiana Workforce Commission, a Louisiana court of appeal upheld the constitutionality of workers compensation laws governing medical treatment schedules and dispute resolution procedures for claims for benefits.
With this decision, the appellate court reversed a 2017 trial court injunction (enforcement stayed pending outcome of the appeal) that prohibited the use of these provisions in the administration of workers compensation claims. The court did, however, affirm the trial court’s finding that the practice of communicating with workers compensation judges regarding pending claims is a violation of due process and separation of powers.
The decision may be appealed. NCCI will monitor for further developments and any potential impacts on the workers compensation system.
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