§1310.8. Jurisdiction continuing; determining as to final settlement
A.(1) The power and jurisdiction of the workers' compensation judge over each case
shall be continuing and he may, upon application by a party and after a contradictory hearing,
make such modifications or changes with respect to former findings or orders relating thereto
if, in his opinion, it may be justified, including the right to require physical examinations as
provided for in R.S. 23:1123; however, upon petition filed by the employer or insurance
carrier and the injured employee or other person entitled to compensation under the Workers'
Compensation Act, a workers' compensation judge shall have jurisdiction to consider the
proposition of whether or not a final settlement may be had between the parties presenting
such petition, subject to the provisions of law relating to settlements in workers'
compensation cases.
(2) The workers' compensation judge may have a full hearing on the petition, and
take testimony of physicians and others relating to the permanency or probable permanency
of the injury, and take such other testimony relevant to the subject matter of such petition as
the workers' compensation judge may require. The workers' compensation judge may
consider such petition and dismiss the same without a hearing if in his judgment the same
shall not be set for a hearing.
(3) The expenses of such hearing or investigation, including necessary medical
examinations, shall be paid by the employer or insurance carrier, and such expenses may be
included in the final award. If the workers' compensation judge decides it is in the best
interest of both parties to said petition that a final award be made, a decision shall be
rendered accordingly and the workers' compensation judge may make an award that shall be
final as to the rights of all parties to said petition and thereafter the workers' compensation
judge shall have no jurisdiction over any claim for the injury or any results arising from
same. If the workers' compensation judge should decide the case should not be finally settled
at the time of the hearing, the petition shall be dismissed without prejudice to either party,
and the workers' compensation judge shall have the same jurisdiction over the matter as if
said petition had not been filed.
B. Upon the motion of any party in interest, on the ground of a change in conditions,
the workers' compensation judge may, after a contradictory hearing, review any award, and,
on such review, may make an award ending, diminishing, or increasing the compensation
previously awarded, subject to the maximum or minimum provided in the Workers'
Compensation Act, and shall state his conclusions of fact and rulings of law, and the assistant
secretary shall immediately send to the parties a copy of the award.
C. This Section shall not apply to the calculation of the monthly benefit amount
pursuant to R.S. 23:1221(3).
D. A petition to modify a judgment awarding benefits shall be subject to the
prescriptive limitations established in R.S. 23:1209.
E. A judgment denying benefits is res judicata after the claimant has exhausted his
rights of appeal.
F. An award of temporary total disability benefits may be modified by the filing of
a motion for modification with the same court that awarded the benefits and under the same
caption and docket number without the necessity of filing a new dispute and appearing at a
mediation conference. The court shall expedite the hearing on the modification proceedings
in accordance with the procedure established in R.S. 23:1201.1(K)(8).
Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 260, §1, eff. Jan. 1, 1990;
Acts 1989, No. 454, §9, eff. Jan. 1, 1990; Acts 1997, No. 88, §1, eff. June 11, 1997; Acts
1999, No. 323, §1; Acts 2001, No. 1189, §1, eff. June 29, 2001; Acts 2013, No. 337, §1.