La. Admin. Code tit. 40 § I-5705

Current through Register Vol. 50, No. 6, June 20, 2024

Section I-5705 - Abandonment

A. A claim may be dismissed without prejudice after contradictory hearing properly noticed by the court on the judge's own motion or on ex parte motion of a party for the following reasons:

1. where no service of process has occurred within 60 days after the Form LWC-WC-1008 has been filed. This provision shall not apply if the claim is awaiting action by the workers' compensation court;

2. where no responsive pleadings have been filed and no default has been entered within 60 days after service of process;

3. where a claim has been pending six months without proceedings being taken within such period. This provision shall not apply if the claim is awaiting action by the workers' compensation court; or

4. where a claimant fails to appear for any properly noticed conference or hearing;

5. where an attorney or pro se litigant fails to keep the workers' compensation court apprised of an address change or when a notice is returned to the workers' compensation court for the reason of an incorrect address and no correction is made to the address for a period of 60 days.

B. Any formal discovery as authorized by these rules and served on all parties whether or not filed of record, including the taking of a deposition with or without formal notice, shall be deemed to be a step in the prosecution or defense of an action.

C. Any order of dismissal shall allow for reinstatement of the action within 30 days for good cause shown.

D. The workers' compensation judge may order the claim dismissed, with prejudice, after a contradictory hearing, when it is shown that more than 90 days has elapsed since a claim was dismissed for any reason listed in Subsection A of this Section and no good cause has been shown for reinstatement.

La. Admin. Code tit. 40, § I-5705

Promulgated by the Department of Labor, Office of Workers' Compensation Administration, LR 25:268 (February 1999), amended LR 25:1862 (October 1999), LR 33:654 (April 2007), amended by the Louisiana Workforce Commission, Office of Workers' Compensation, LR 37:1627 (June 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1310.1.