Committee adopts amendment limiting new evidence in workers’ comp medical appeals

Senate Bill 162, brought at the request of the attorney general’s office, drew support after sponsors and plaintiffs’ representatives negotiated an amendment requiring clearer handling of evidence in medical appeals.

Larry Freeman, Chief Deputy Attorney General, described the amendment as a compromise to limit appeals to the record the Office of Workers’ Compensation (OWC) medical director reviewed. Under the amendment, the director must compile the complete record within 10 days of an appeal and give it to the court and parties. If no new evidence is introduced at hearing, the court may affirm or overturn the director’s decision. If additional evidence that was not submitted to the medical director is introduced at the hearing, the judge must remand the case to the medical director for reconsideration; the director then must issue a new decision within 30 days or the judge may proceed.

Paul Michael Friday of the Attorney General’s Office said Freeman had summarized the amendment accurately. Some physician representatives said they had not reviewed the amendment online and were concerned about ensuring physicians can submit additional clinical information that may not have been in the director’s original record. "The physician's narrative... is not like following a recipe in a cookbook," Don Caffrey of the Louisiana Orthopedic Association said, emphasizing the need for flexibility to ensure patient care is not delayed by procedural limits.

After the sponsor moved to report the bill as amended and hearing no objection, the committee reported SB 162 as amended. Several stakeholder proponents and opponents testified; a number of previously opposing witnesses withdrew their opposition after the amendment was posted and described as acceptable to both plaintiffs’ advocates and the agency.

Next steps: SB 162 was reported as amended and will move forward for further consideration in the Senate.