§ 23:1203 — Duty to furnish medical and vocational rehabilitation expenses; prosthetic devices;

Louisiana § 23:1203

• Jurisdiction: Louisiana
• Title 23: Labor and Workers' Compensation

Text

§1203. Duty to furnish medical and vocational rehabilitation expenses; prosthetic devices;
other expenses
A. In every case coming under this Chapter, the employer shall furnish all necessary
drugs, supplies, hospital care and services, medical and surgical treatment, and any
nonmedical treatment recognized by the laws of this state as legal, and shall utilize such
state, federal, public, or private facilities as will provide the injured employee with such
necessary services. Medical care, services, and treatment may be provided by out-of-state
providers or at out-of-state facilities when such care, services, and treatment are not
reasonably available within the state or when it can be provided for comparable costs.
B. The obligation of the employer to furnish such care, services, treatment, drugs,
and supplies, whether in state or out of state, is limited to the reimbursement determined to
be the mean of the usual and customary charges for such care, services, treatment, drugs, and
supplies, as determined under the reimbursement schedule annually published pursuant to
R.S. 23:1034.2 or the actual charge made for the service, whichever is less. Any out-of-state
provider is also to be subject to the procedures established under the office of workers'
compensation administration utilization review rules.
C. The employer shall furnish to the employee the necessary cost of repair to or the
replacement of any prosthetic device damaged or destroyed by accident in the course and
scope and arising out of such employment, including but not limited to damage or destruction
of eyeglasses, artificial limbs, hearing aids, dentures, or any such prosthetic devices
whatsoever.
D. In addition, the employer shall be liable for the actual expenses reasonably and
necessarily incurred by the employee for mileage reasonably and necessarily traveled by the
employee in order to obtain the medical services, medicines, and prosthetic devices, which
the employer is required to furnish under this Section, and for the vocational rehabilitation-related mileage traveled by the employee at the direction of the employer. When the
employee uses his own vehicle, he shall be reimbursed at the same rate per mile as
established by the state of Louisiana for reimbursement of state employees for use of their
personal vehicle on state business. The office shall inform the employee of his right to
reimbursement for mileage.
E. Upon the first request for authorization pursuant to R.S. 23:1142(B)(1), for a
claimant's medical care, service, or treatment, the payor, as defined in R.S. 23:1142(A), shall
communicate to the claimant information, in plain language, regarding the procedure for
requesting an additional medical opinion regarding a medical examination in the event a
dispute arises as to the condition of the employee or the employee's capacity to work, and the
procedure for appealing the denial of medical treatment to the medical director as provided
in R.S. 23:1203.1. A payor shall not deny medical care, service, or treatment to a claimant
unless the payor can document a reasonable and diligent effort in communicating such
information. A payor who denies medical care, service, or treatment without making such
an effort may be fined an amount not to exceed five hundred dollars or the cost of the
medical care, service, or treatment, whichever is more.

Legislative History

Amended by Acts 1952, No. 322, §1; Acts 1956, No. 282, §1; Acts 1968, No. 103, §1; Acts 1975, No. 583, §6, eff. Sept. 1, 1975; Acts 1976, No. 400, §1; Acts 1977, No. 530, §1. Acts 1983, 1st Ex. Sess., No. 1, §1, eff. July 1, 1983; Acts 1987, No. 290, §1; Acts 1988, No. 938, §1, eff. Jan. 1, 1989; Acts 1989, No. 260, §1, eff. June 26, 1989; Acts 1997, No. 452, §1, eff. June 22, 1997; Acts 2001, No. 898, §1; Acts 2012, No. 235, §1; Acts 2017, No. 381, §2, eff. June 23, 2017.