Creates the Workers' Compensation Advisory Council and sets its membership, reporting duties, appointment process, and member liability protections.
§1294. Workers' Compensation Advisory Council A.(1) The Workers' Compensation Advisory Council is hereby created within Louisiana Works pursuant to R.S. 36:309(B). (2) It shall consist of seventeen members who are domiciled in Louisiana and appointed by the governor to serve at the pleasure of the governor. To the extent practicable, every organization or entity that provides nominations to the council shall strive for diversity in its appointments on the basis of sex, race, ethnicity, and geography. Each appointment by the governor shall be submitted to the Senate for confirmation. (a) Two council members shall be representatives of labor and shall be presently or formerly affiliated with labor and residing and working in Louisiana. (b) Two shall be representative of business interests in Louisiana. (c) One shall be a representative of self-insured industries in Louisiana. (d) One shall be an attorney licensed to practice law in Louisiana who has previously represented employers in workers' compensation claims. (e) One shall be an attorney licensed to practice law in Louisiana who has previously represented claimants in workers' compensation claim. (f) One shall be a representative from the Louisiana State Medical Society. (g) Five shall be members of the general public, one from each Public Service Commission district. (h) One shall be a representative from the Louisiana Orthopaedic Association. (i) One shall be the assistant secretary of the office of workers' compensation administration. (j) One shall be a representative of the Chiropractic Association of Louisiana. (k) One shall be a representative of the Louisiana Psychological Association. (3) The chairman of the council shall be the assistant secretary of the office of workers' compensation administration. (4) Any change in membership to achieve the goal of geographic representation and diversity based on sex, race, and ethnicity shall occur by attrition. B.(1) The council shall monitor and, at least thirty days prior to the convening of the regular session of the legislature, report to the governor and the legislature on the implementation and administration of this Part and make specific recommendations thereon. (2) The advisory council shall review and make recommendations to the governor, through Louisiana Works, on any proposed rules affecting the administration or resolution of claims provided for in this Chapter. C.(1) No member of the Worker's Compensation Advisory Council acting within the scope of his official functions and duties shall be held individually liable for a policy recommendation or policy action by the council, unless damage or injury is caused by the member's willful or wanton misconduct. (2) A person immune from liability under the provisions of Paragraph (1) of this Subsection shall not be subject to civil or administrative subpoena for his recommendations or exercise of judgment as a member of the council, including a subpoena seeking his oral or written testimony at trial, discovery, or other proceeding, and a subpoena duces tecum seeking documents, inspections, things or information in electronic or any other form. Amended by Acts 1983, 1st Ex. Sess., No. 1, §1, eff. July 1, 1983; Acts 1984, No. 573, §1, eff. July 12, 1984; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 1999, No. 80, §§1, 2; Acts 2004, No. 335, §1, eff. June 18, 2004; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2012, No. 573, §1; Acts 2012, No. 811, §6, eff. July 1, 2012; Acts 2014, No. 422, §1; Acts 2021, No. 20, §3. NOTE: See Acts 1984, No. 573, §2.