Constitutionality of Medical Review System Questioned

On July 24, 2015, Judge Donald R. Johnson of the Louisiana 19th Judicial District Court, issued a Judgment on Preemptory Exceptions and Preliminary Injunction Orders in the matter of Barber, et al. v. Louisiana Workforce Commission, et al., No. 621,071 (19th JDC).  This case questions the constitutionality of the medical review process under the Louisiana Workers’ Compensation Act.  In the Judgment, Judge Johnson enjoined the defendants, including the Louisiana Workforce Commission, Louisiana Office of Workers’ Compensation Programs (LOWCP), their staffs, officers, agents, employees, and attorneys from enforcing the statutes and regulations that establish the administrative review system of form 1009 claims for medical benefits for injured workers.  Accordingly, with this preliminary injunction in place, the Office of Workers’ Compensation Administration Medical Director can no longer review appeals for disputed medical treatment under the Louisiana Workers’ Compensation Act.