La. Admin. Code tit. 40 § I-1731
Current through Register Vol. 50, No. 11, November 20, 2024
A. A request for hearing pursuant to §1715. E or §1717. A or an application for appeal from an adverse discretionary decision made by the office may be made to the director of the Office of Workers' Compensation by an applicant, self-insurer or service company.B. Requests for hearing or applications for appeals must be in writing and filed within 30 days of the notice of the decision or, if no notice is given, within 30 days from becoming aware of or the date the aggrieved party should have been aware of the adverse decision. The appeal must be addressed to the director of the Office of Workers' Compensation and mailed to Box 94040, Baton Rouge, LA 70804, or hand delivered to the office at 1001 North Twenty-Third Street, Baton Rouge, LA. Appeals may not be supplemented or amended after the lapse of 30 days. An appellant has the right to file a written appeal or have the appeal heard orally. Requests for an oral hearing must be made within the 30-day time period to file the appeal.C. If no request for an oral hearing is made, then the appellant may submit documentation and/or written memorandum to support the appeal at least 15 days prior to the review of the appeal. Appellant will be notified at least 30 days prior to the date of the review by the director or the appeal committee appointed by the director. The director or the appeal committee will review all the evidence submitted and render a decision.D. If the appellant requests an oral hearing, then appellant will be given at least 30 days prior notice of the hearing. The director may appoint a hearing officer to hear the appeal of the appellant. All hearings shall be conducted in accordance with the provisions of the Administrative Procedure Act, R.S. 49:955 et seq. On the day of the oral hearing appellant and appellee shall be prepared to start the hearing at the time specified in the notice of hearing. The hearing may be continued for good cause provided a written request for extension is received at the Office of Workers' Compensation at least seven days prior to the date of the hearing.E. If after the review of the appeal committee or after a hearing held before the hearing officer or the director a decision adverse to the appellant is made, then appellant within 30 days of the date the order or decision is signed may appeal this administrative decision to the district courts of this state.La. Admin. Code tit. 40, § I-1731
Promulgated by the Department of Employment and Training, Office of Workers' Compensation, LR 17:965 (October 1991).AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1168 of Act 938 of 1988 Regular Session.