La. Admin. Code tit. 40 § I-5813

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

Section I-5813 - Mediation Conference

A. Parties who have a workers' compensation dispute as defined by R.S. 23:1310.3(A) and who desire to engage the services of a Louisiana Workforce Commission, Office of Workers' Compensation Administration mediator, may make a joint written request for a mediation conference to any Office of Workers' Compensation mediator selected by mutual agreement of the parties. The parties shall forward to the selected mediator, along with the written request, a confidential position statement, not to exceed 10 pages, outlining the issues in dispute and the respective position of the parties. Upon receipt of the joint written request, the selected mediator shall schedule a mediation conference and provide notice in the same manner and at the same time to all parties of the date and time of the conference. Notice of any scheduled mediation conference may be given by telephone, but shall be confirmed by United States Mail, facsimile transmission, or electronic transmission. The location of the mediation conference shall be in the assigned district office of the selected mediator.

B. A mediation conference may also be scheduled upon order of a presiding workers' compensation judge in any pending workers' compensation disputed claim (Form LWC-WC-1008). If the parties select an Office of Workers' Compensation mediator, the court-ordered mediation conference shall be conducted in the district office in which the selected mediator is assigned.

C. On the scheduled date of the mediation conference, each party shall provide a representative to participate in the mediation conference, either in person or via telephone, who has been provided with authority to enter into negotiations in a good faith effort to resolve the issue(s) in dispute. The attorneys for the parties may participate in the mediation conference via telephone only upon mutual consent of the parties. No stenographic report shall be taken at any mediation conference and no witnesses shall be called. All statements made at any mediation conference shall be privileged and shall not be admissible in any subsequent status conference, pretrial conference, hearing, or trial. Any party to the claim and/or their representative may request a copy of the Form LWC-WC-1008 filed in the claim prior to the scheduled mediation conference. No such request shall be denied by any employee of the Office of Workers' Compensation Administration. If the parties agree, the mediator may schedule additional mediation conferences when deemed appropriate.

D. Nothing in this rule shall prohibit parties from requesting the services of an Office of Workers' Compensation mediator prior to the filing of a disputed claim for compensation (Form LWC-WC-1008). Said request shall be made by the parties in the same manner as provided for in Subsection A of this Section. However, neither the request nor the participation in a pre-1008 mediation conference shall interrupt the running of prescription.

E. Nothing in this rule shall prohibit the parties from engaging the services of a private mediator to conduct a mediation conference at a location mutually agreeable to the parties. Within five days of the conclusion of said private mediation, the parties shall certify to the court that a private mediation has occurred and the results thereof. Said certification shall be provided by the parties via United States mail, electronic transmission, or facsimile transmission.

La. Admin. Code tit. 40, § I-5813

Promulgated by the Department of Labor, Office of Workers' Compensation Administration, LR 25:1863 (October 1999), amended LR 33:654 (April 2007), amended by the Louisiana Workforce Commission, Office of Workers' Compensation, LR 37:1628 (June 2011).

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