§ 23:1634 — Judicial review; procedure

Louisiana § 23:1634

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

Text

§1634. Judicial review; procedure
A. Within the time specified in R.S. 23:1630, the administrator, or any party to the
proceedings before the board of review, may obtain judicial review thereof by filing in the
district court of the domicile of the claimant a petition for review of the decision, and in such
proceeding any other party to the proceeding before the board of review shall be made a party
defendant. If the claimant is not domiciled in Louisiana at the time for filing a petition for
review, the petition or request for review may be filed in the district court of the parish in
which the claimant was domiciled at the time the claim was filed or in the parish in which
Louisiana Works is domiciled. The petition for review need not be verified but shall state
the grounds upon which such review is sought. The administrator shall be deemed to be a
party to any such proceeding. If the administrator is a party defendant, a certified copy of the
petition shall be served upon him by leaving with him, or such representative as he may have
designated for that purpose, as many copies of the petition as there are defendants. With his
answer or petition, the administrator shall certify and file with the court, within sixty days
of service of process, a certified copy of the record of the case, including all documents and
papers and a transcript of all testimony taken in the matter, together with the board of
review's findings, conclusions, and decision. If the administrator fails to file the record with
the court within the time provided herein, the court, upon hearing sufficient evidence, may
issue a judgment based on the evidence.
B. Upon the filing of a petition for review by the administrator or upon the service
of the petition on him, the administrator shall forthwith send by registered mail to each other
party to the proceeding a copy of the petition, and such mailing shall be deemed to be
completed service upon all parties. In any proceeding under this Section the findings of the
board of review as to the facts, if supported by sufficient evidence and in the absence of
fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of
law. No additional evidence shall be received by the court, but the court may order
additional evidence to be taken before the board of review, and the board of review may,
after hearing such additional evidence, modify its findings of fact or conclusions, and file
with the court such additional or modified findings and conclusions, together with a
transcript of the additional record. Such proceedings shall be heard in a summary manner
and shall be given preference and priority over all other civil cases except cases arising under
the workers' compensation law of this state. An appeal may be taken from the decision of
the district court to the circuit court of appeal in the same manner, but not inconsistent with
the provisions of this Chapter, as is provided in civil cases. It shall not be necessary as a
condition precedent to judicial review of any decision of the board of review to enter
exceptions to the rulings of the board of review, and no bond shall be required as a condition
of initiating a proceeding for a judicial review, or entering an appeal from the decision of the
court upon such review. Upon the final termination of a judicial proceeding, the board of
review shall enter an order in accordance with the mandate of the court.

Legislative History

Amended by Acts 1958, No. 523, §1; Acts 1960, No. 177, §1; Acts 1985, No. 939, §1, eff. Oct. 1, 1985; Acts 2003, No. 459, §1, eff. June 20, 2003; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2015, No. 360, §1.