Legislative News, May 20, 2008

LEGISLATIVE NEWS
2008 Regular Session . May 20, 2008

Prescription Increase Bill Fails by Three Votes
By a vote of 17 to 20, a bill to extend from one to two years the prescriptive period for general tort claims and for damage claims on immovable property, SB 186 by Sen. Rob Marionneaux, failed today on a Senate floor vote. The author has given notice of reconsideration, which means he can bring the bill up for another vote if he thinks he has sufficient votes to pass it. It would require 20 votes to pass the Senate.

The bill will move Louisiana more in line with neighboring states, which have prescriptive periods from two to five years. Some states allow the injured party up to six years to evaluate their damages and investigate their claim before cutting off their rights to file suit. Louisiana is only one of three states (the other two are Kentucky and Tennessee) with such a short period to file a tort claim.

An amendment in committee at the behest of the Louisiana Forestry Association increased prescription to five years on actions for damages caused by harvesting timber without the owner’s consent or selling an undivided interest in timber without consent of the co-owners.


Workers' Comp Changes Pushed by Self-Insured Employers
SB 581 by Sen. Mike Walsworth is scheduled to be heard in Senate Labor on Thursday, May 22, 2008, when the committee convenes at 9:00 a.m.

The bill makes drastic changes to the Workers’ Compensation Act to the detriment of injured employees, affecting average weekly wage calculation, burden of proof, definition and application of arbitrary and capricious, establishment of medical guidelines, benefit reduction, treating doctor’s decision on return to work and more.

Proponents, Louisianans for Workers’ Compensation Reform [LWCR] and Louisiana Association of Self-Insured Employers [LASIE], represent self-insured employers. They are heavily promoting this bill despite a very strong workers’ comp insurance environment in the state for the past few years.

Negotiating on behalf of injured workers is a coalition of LAJ members, labor and medical providers [CARE-R]. The version to be considered in committee on Thursday is expected to be much different from the original bill, but still objectionable.


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