Louisiana § RS 23:1317.1 - Additional medical opinion regarding medical examinations

§ RS 23:1317.1. Additional medical opinion regarding medical examinations

            A. Any party wishing to request an additional medical opinion regarding a medical examination of the claimant pursuant to R.S. 23:1123 and 1124.1 shall be required to make its request at or prior to the pretrial conference. Requests for additional medical opinions regarding medical examinations made after that time shall be denied except for good cause or if it is found to be in the best interest of justice to order such examination.

            B. An examiner performing additional medical opinion exams pursuant to R.S. 23:1123 shall be required to prepare and send to the office a certified report of the examination within thirty days after its occurrence.

            C. The report of the examination shall contain the following, when applicable:

            (1) A statement of the medical and legal issues the examiner was asked to address.

            (2) A detailed summary of the basis of the examiner's opinion, including but not limited to a listing of reports or documents reviewed in formulating that opinion.

            (3) The medical treatment and physical rehabilitative procedures which have already been rendered and the treatment, if any, which the examiner recommends for the future, together with reasons for the recommendation.

            (4) Any other conclusions required by the scope of the additional medical opinion regarding a medical examination, together with reasons for the conclusion reached.

            (5) A curriculum vitae of the examiner.

            (6) A written certification personally signed by the examiner that the report is true. The substance of the certification shall be: "I certify that I have caused this report to be prepared, I have examined it, and to the best of my knowledge and belief, all statements contained herein are true, accurate, and complete."

            D. If a physical examination of the claimant was conducted, the certified report shall contain all of the following additional information:

            (1) A complete history of the claimant, including all previous relevant or contributory injuries with a detailed description of the present injury.

            (2) The complaints of the claimant.

            (3) A complete listing of tests and diagnostic procedures conducted during the course of the examination.

            (4) The examiner's findings on examination, including but not limited to a description of the examination and any diagnostic tests and X-rays.

            E. When the additional medical opinion medical examiner's report is presented within thirty days as provided in this Section:

            (1) The examiner shall be protected from subpoena except for a single trial deposition. However, upon a proper motion for cause, the workers' compensation judge may order further discovery of the additional medical opinion by a medical examiner as deemed appropriate.

            (2) Except to schedule the deposition or further discovery as described above, the office of the additional medical opinion medical examiner shall not be contacted regarding the claimant by any party, attorney, or agent.

            F. Objections to the additional medical opinion regarding a medical examination shall be made on form LDOL-WC-1008, and shall be set for hearing before a workers' compensation judge within thirty days of receipt. No mediation shall be scheduled on disputes arising under this Section.

            Acts 1995, No. 328, §1, eff. June 16, 1995; Acts 1997, No. 88, §1, eff. June 11, 1997; Acts 2012, No. 235, §1; Acts 2017, No. 381, §2, eff. June 23, 2017.