EXECUTIVE ORDER KBB 06-10

Emergency Suspension Of Certain Workers’ Compensation
Laws
Extends Executive Order No. KBB 2005-52


WHEREAS, on September 29, 2005, as a result of the mass displacement of injured workers and medical providers and closure of numerous medical facilities as well as significant massive communication challenges, Executive Order KBB 2005-52 was issued which suspended portions of R.S. 23:1124 regarding consequences for injured workers for failure to timely submit to a medical examination;

WHEREAS, such suspension of the statute only applied for claimants who evacuated due to Hurricane Katrina and/or Rita and only for such time as the claimant remained in evacuee status;

WHEREAS, while the suspension of those portions of the statute prevented a workers’ compensation payor from suspending payments on their own, it did not suspend a payor’s right to file for a hearing regarding suspension of benefits pending the medical examination;

WHEREAS, Executive Order KBB 2005-52 also suspended portions of R.S. 23:1203(A) to the extent that such statute differentiates between in-state and out-of-state providers and facilities to provide that for claimants who evacuated to a location outside of Louisiana and for the time period as such claimant resides outside of Louisiana, any medical care, services and treatment shall be provided as though the provider or facility was located in Louisiana;

WHEREAS, Executive Order No. KBB 2005-74, issued on October 25, 2005, extended the effective date until Monday, November 28, 2005; Executive Order No. KBB 2005-88, issued on November 21, 2005, extended the effective date until Monday, January 1, 2006; and Executive Order No. KBB 2005-100, issued on December 27, 2005, extended the effective date until Tuesday, February 28, 2006; and

WHEREAS, the secretary of the Department of Labor has requested this Order be extended until Friday, June 30, 2006;

NOW THEREFORE I, KATHLEEN BABINEAUX BLANCO, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: Section 3 of Executive Order No. KBB 2005-52, issued on September 29, 2005, as amended by Executive Order Nos. KBB 2005-74, KBB 2005-88, and KBB 2005-100, is amended as follows:

This Order is effective upon signature and shall apply retroactively from Monday, August 29, 2005, through Monday, July 17, 2006, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law prior to Friday, June 30, 2006.

SECTION 2: All other sections, subsections, and paragraphs of Executive Order No. KBB 2005-52, issued on September 29, 2005, as amended by Executive Order Nos. KBB 2005-74, KBB 2005-88, and KBB 2005-100 shall remain in full force and effect.

SECTION 3: This Order is effective upon signature and shall continue in effect until Friday, June 30, 2006, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law prior to Friday, June 30, 2006.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 28th day of February, 2006.

 

Kathleen Babineaux Blanco
Governor

ATTEST BY
THE GOVERNOR
Al Ater
Secretary of State