Louisiana’s Office of Workers’ Compensation Administration (OWCA) has adopted comprehensive amendments to the Workers’ Compensation Hearing Rules in Title 40, Part I, Subpart 3 of the Louisiana Administrative Code. The updated rules were published in the Louisiana Register in mid-2025 and are effective as of October 20, 2025.

The stated goals are to align the rules with current statutes and case law, streamline procedures, modernize the system with virtual proceedings, and standardize practice across the ten district offices. These changes will directly affect how claims are litigated and resolved—and therefore how insurance carriers, TPAs, and defense counsel manage files and reserves.

Big-Picture Themes

The revised rules do a few big things:

1. Harmonize rules with the statutes. Many provisions that simply repeated or conflicted with the Workers’ Compensation Act or the Code of Civil Procedure are repealed, with the rules now explicitly deferring to the statutes where there is any conflict.

2. Formalize and expand virtual practice. The rules now expressly authorize virtual participation in settlement hearings, including pro se settlements, and allow mediation participants and representatives to appear telephonically or virtually.

3. Tighten and clarify deadlines. The rules spell out more detailed briefing schedules for motions and exceptions and add consequences for late filings, including possible loss of oral argument and cost-shifting.

4. Standardize courtroom conduct and attorney practice. Updated decorum rules, appearance requirements, and detailed procedures for attorney withdrawal and lien notices appear throughout the amendments.

5. Increase some filing-related costs. Transmission fees for facsimile/electronic filings are increased, with those fees taxed as court costs.

Key Procedural Changes

There are six procedural changes:

1. Alignment with Jurisdiction & Appellate Statutes

Several subchapters on jurisdiction and appeals are repealed or revised so that the Workers’ Compensation Act (La. R.S. 23:1310.3, 1310.5, 1310.8, etc.) clearly governs subject-matter jurisdiction, the role of the workers’ compensation judges, and appellate procedure.

For carriers and TPAs, the impact is mostly behind the scenes, but it means:

• Fewer arguments over conflicting “rule vs. statute” language.
• A clearer path on modification of awards, including expedited proceedings for motions to modify TTD under La. R.S. 23:1310.8 that the court must “expedite” under procedures tied to the preliminary determination hearing statute (R.S. 23:1201.1).

2. Filing, Faxing, and Electronic Transmission

The rules retain fax and electronic filing but change how and what it costs.

• Pleadings may be filed by facsimile or electronic transmission (with verified signature), and such filings have the same force as originals if the follow-up steps are met.
• Within seven days (excluding legal holidays), the filer must deliver 1) the original signed document; 2) any applicable filing fee; and 3) a transmission fee of $5 plus $10 for the first five pages and $2.50 per page thereafter (increased from the prior $5 for the first five pages).

Failure to comply means the fax filing has no force or effect, which can be fatal if limitations or scheduling deadlines are tight.

Practical impact: Defense firms and carriers that rely on last-minute fax filings need tighter internal controls and should expect slightly higher court-cost exposures.

3. Virtual Settlement Hearings and Pro Se Settlements

The updated rules formally embrace virtual settlement practice.

• Joint petition settlements may be handled with parties (and/or their representatives) appearing via virtual conference at the request of both parties or by order of the court.
• A new section on Pro Se Settlement Hearings by Virtual Means allows unrepresented parties to appear virtually when all parties consent or for good cause shown. Jurisdiction and venue are spelled out for docketed and undocketed settlements.
• All exhibits for a virtual hearing must be received by the court at least one full business day before the hearing, and recording or “screen-shotting” proceedings is strictly prohibited, with potential sanctions for violations.

Practical impact: Virtual settlement hearings significantly reduce travel time, but they require earlier coordination on exhibits and more attention to confidentiality and secure technology.

4. Mediation Practice and Reporting

The mediation rule is expanded to:

• Explicitly allow representatives to participate in person, by telephone, or virtually, and require each party to provide a representative with authority to negotiate in good faith.
• Require parties who use private mediation to certify to the court within five days that a mediation occurred and report the results (e.g., resolved vs. unresolved).

This pairs with statutory tools like preliminary determination hearings under La. R.S. 23:1201.1 and expedited modification hearings under La. R.S. 23:1310.8, which collectively push earlier, more meaningful engagement with disputes.

5. Motion Practice, Exceptions, and Briefing Deadlines

The rules now provide more detailed timelines for rules to show cause, exceptions, and motion practice.

• Memoranda in support of motions/exceptions must be filed by a specified deadline (e.g., at filing or no later than 14 days before the hearing), and oppositions must be received at least eight days before the hearing, with reply briefs due early enough to allow at least one full working day before the hearing.
• A party who fails to timely file a memorandum risks forfeiting oral argument and may forfeit the right to present additional evidence. Courts may also order the late-filing party to pay the opposing side’s costs caused by the delay.

Practical Impact: For Defense counsel, late briefs may cost your client both leverage and money.

6. Attorney Conduct, Withdrawal, and Liens

The rules update courtroom decorum and expand requirements for withdrawal and fee protection.

• Courtroom/virtual courtroom rules now explicitly address professional attire, bans on vaping and political displays, and rules for how attorneys address the court and handle exhibits.
• A detailed procedure governs motions to withdraw, including proof of written notice to the client, disclosure of upcoming court dates, attachment of any existing scheduling order, and limits on withdrawals that would delay hearings or trials (absent exceptional circumstances or completed limited-scope representation).
• Attorneys asserting fee interests must now use Form LWC-WC-1027 (lien form).