SB 162 — WORKERS' COMPENSATION: Provides relative to the workers' compensation medical treatment schedule. (8/1/26)

SLS 26RS-159 ENGROSSED Regular Session ENROLLED SENATE BILL NO.

162 BY SENATOR SEABAUGH WORKERS'AN COMPENSATION.ACT To amend and reenact R.S.

Provides relative to the workers' compensation medical treatment schedule.

(8/1/26) AN ACT To amend and reenact R.S.

The decision may be overturned when it is shown, by clear and convincing evidence, the decision of the medical director or associate medical director was not in accordance with the provisionsofthisSection.ThepartywhofiledtheappealshallnotifythedirectorprovisionsofthisSection.Thepartywhofiledtheappealshallnotifythemedical thathedirectorthathehasdonesowithintendays.Themedicaldirectorshallcompile hasand doneforward sothe within tendays.Thedirectorshallcompileandforwardthe entire recordusedrecord used by the medical director in issuing the decision to the district Pagehearing 1officewithin fifteendays of 3receivingthenotice. Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-159 ENGROSSED SB NO.

162 hearing office within fifteen days of receiving the notice.

At the hearing on the appeal, if no evidence in addition to the record is introduced, the workers' compensation judge shall either affirm or reverse the decision of the medical director based upontherecordthatwasbeforethemedicaldirector.Ifadditionalevidencethatupon wasnotsubmittedtothemedicaldirectoristhe introducedatthehearing,record thenthethat judgewas shallbefore remand the case to the medical directordirector. for consideration of the additionalevidence.Followingremand,themedicaldirectorshallrenderanew decision after considering the additional evidence within thirty days of the remand.Ifthemedicaldirectortakesnoactionwithinthirtydaysoftheremand order, the judge shall decide the appeal based upon the entire record.

*If *additional *evidence Thethat originalwas instrumentnot andsubmitted to the followingmedical digest,director whichis constitutesintroduced noat partthe ofhearing, then the legislativejudge instrument,shall wereremand preparedthe bycase Senateto Legislativethe Services.medical director for consideration of the additional evidence.

TheFollowing keyword,remand, summary,the andmedical digestdirector doshall notrender constitutea partnew ofdecision theafter lawconsidering orthe proofadditional orPage indicia1 of legislative2 intent.Coding:

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 162 Engrossed 2026 Regular Session Seabaugh Present law provides that a medical treatment schedule is to be used in the medical care, services, and treatment in workers' compensation matters.

Presentlawprovidesthatthe medical treatment schedule is to bebasedonguidelineswhich meet all of the following criteria:

(1) Relyonspecified,comprehensive,andongoingsystematicmedicalliteraturereview.

(2) Contain published criteriafor ratingstudies andfordeterminingtheoverallstrength of the medical evidence, including the size of the sample, whether the authors and researchers had any financial interest in the product or service being studied, the design of the study and identification of any bias, and the statistical significance of the study.

(3) Are current and the most recent version produced, which means that documented evidencecanbeproducedorverifiedthat the guideline was developed,reviewed,or revised within the previous five years.

(4) Are interdisciplinary and address the frequency, duration, intensity, and appropriatenessoftreatmentproceduresandmodalitiesforalldisciplinescommonly performing treatment of employment-related injuries and diseases.

(5) Are, by statute or rule, adopted by any other state regarding medical treatment for workers' compensation injuries, diseases, or conditions.

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SLS 26RS-159 ENGROSSED SB NO.

162 PresentENROLLED lawevidence provideswithin thatthirty adays disputeof as to whether recommended care, services, or treatment is in accordance with the medicalremand. treatment schedule, or whether a variance from the medicaltreatmentscheduleisreasonablyrequired,maybeappealedwithin15calendardays to the officeof workers'compensation administration medicaldirector or associate medical director.

PresentIf lawthe providesmedical thatdirector anytakes partyno mayactionwithinthirtydaysoftheremand appealorder,thejudge theshall decisiondecidetheappeal ofbased theupon medical director or associatemedicaldirectorbyfilinga"DisputedClaimforCompensation"formprovidedby the La.entire record.

Workforce* Commission* within* 45PRESIDENT daysOF ofTHE theSENATE dateSPEAKER ofOF theTHE issuanceHOUSE ofOF theREPRESENTATIVES decision.GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

PresentPage law2 furtherof provides2 thatCoding: the medical director or the associate medical director's decision may be overturned by clear and convincing evidence that the decision was not in accordance with law.

Proposedlawretainspresentlawandaddsthatthepartywhofiledtheappealmustnotifythe director that he has done so within 10, afterwhich thedirectorwill compileand forwardthe entirerecordusedbythemedicaldirectorinissuingthedecisiontothedistricthearingoffice within 15 days of receiving the notice.

Proposed law provides that the record will be made available to the parties upon request.

Proposed law further provides that at the hearing on theappeal,ifno evidencein addition to the recordis introduced,theworkers'compensation judgewilleitheraffirmorreversethedecisionofthemedicaldirectorbasedupontherecord that was before the medical director.

Proposed law further provides that if additional evidencethatwasnotsubmittedtothemedicaldirectorisintroducedatthehearing,thenthe judge will remand the case to the medical director for consideration of the additional evidence.

Proposed law further provides that following remand, the medical director will render a new decision after considering the additional evidence within 30 days of the remand.Proposedlaw furtherprovidesthatifthemedicaldirectortakesnoactionwithin 30 days of the remand order, the judge will decide the appeal based upon the entire record.

Effective August 1, 2026.

(Amends R.S.

23:1203.1(K)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill 1.

Change procedure by which an appeal of the medical director's decision is conducted.

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