HB 1023

HLS 26RS-2586  ORIGINAL
 2026 Regular Session
 HOUSE BILL NO. 1023
 BY REPRESENTATIVE MENA
 WORKERS COMPENSATION: Provides with respect to the selection of vocation
  rehabilitation counselors
1AN ACT
2 To amend and reenact R.S. 23:1226(B)(3)(a), relative to the rehabilitation of injured
3employees; to provide a selection process for vocational rehabilitation counselors;
4to provide for a dispute process for certain issues regarding the vocational
5rehabilitation counselor; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7Section 1. R.S. 23:1226(B)(3)(a) is hereby amended and reenacted to read as
8 follows:
9§1226. Rehabilitation of injured employees
10*       *  *
11B.
12*       *  *
13(3)(a) The employer shall be responsible for the selection of a licensed
14professional vocational rehabilitation counselor to evaluate and assist the employee
15in his job placement or vocational training. The employer or employee may request
16vocational services from the office of workers' compensation administration through
17a process determined by the assistant secretary. Upon request, the assistant secretary
18shall appoint a vocational rehabilitation counselor from a list of counselors compiled
19by the assistant secretary. Should the employer refuse to provide these services, or
20If a dispute arises concerning regarding the work of the vocational rehabilitation
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-2586  ORIGINAL
  HB NO. 1023
1counselor, the employee or employer may file a claim with the office to review the
2need for such the vocational services or the quality of the services being provided.
3The employee shall have a right to an expedited summary proceeding pursuant to
4R.S. 23:1201.1(K)(8). The workers' compensation judge shall set a hearing date
5within three days of receiving the motion. The hearing shall be held not less than
6ten, nor more than thirty, days, after the employer or payor receives notice, delivered
7by certified or registered mail, of the employee's motion.  The workers'
8compensation judge shall provide notice of the hearing date to the employer and
9payor at the same time and in the same manner that notice of the hearing date is
10provided to the employee or his attorney. For the purposes of this Section, an
11employee shall not be required to submit the dispute on the issue of vocational
12services to mediation or go through a pretrial conference before obtaining a hearing.
13The hearing shall be conducted as a rule to show cause.
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  DIGEST
 The digest printed below was prepared by House Legislative Services. It constitutes no part
 of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
 part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
 HB 1023 Original  2026 Regular Session  Mena
 Abstract: Provides relative to the selection of vocational rehabilitation counselors in
  workers' compensation cases.
 Present law states that the employer shall be responsible for selecting a licensed professional
 vocational rehabilitation counselor for the purpose of evaluating and assisting the employee
 in his job placement or vocational training.
 Proposed law instead allows the employer or employee to request vocational services from
 the office of workers' compensation (OWCA) through a process determined by the assistant
 secretary. Proposed law further provides that, upon request, the assistant secretary shall
 appoint a vocational rehabilitation counselor from a list of counselors compiled by the
 assistant secretary.
 Present law allows the employee to file a claim with the OWCA if the employer refuses to
 provide services, or if a dispute arises concerning the work of the vocational counselor.
 Present law further provides that the OWCA shall review the need for the services or the
 quality of the services being provided.
 Proposed law removes language that allows the employee to file a claim if the employer
 refuses to provide services. Proposed law otherwise retains present law.
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
HLS 26RS-2586  ORIGINAL
  HB NO. 1023
Present law provides that the employee shall have a right to an expedited summary
proceeding pursuant to present law (R.S. 23:1201.1(K)(8)). Present law also provides a
detailed procedural process for the selection of the hearing date and the process for notifying
all applicable parties of the hearing date.
Proposed law retains present law.
(Amends R.S. 23:1226(B)(3)(a))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.