Louisiana Administrative Code
Title 40 - LABOR AND EMPLOYMENT
Part I - Workers' Compensation Administration
Subpart 3 - Hearing Rules
Chapter 57 - Actions
Subchapter B - Settlement
Section I-5709 - Joint Petition Settlements
Universal Citation: LA Admin Code I-5709
Current through Register Vol. 50, No. 9, September 20, 2024
A.
1. A lump sum or compromise settlement shall
be presented to the presiding judge in a pending disputed claim or to any judge
in an undisputed claim for approval on Form LWC-WC-1011 and upon joint petition
of the parties.
2. The procedure
for perfecting settlements shall be governed by
R.S.
23:1272. A hearing in open court with all
parties present shall be required when one or more parties is not represented
by counsel. Appearance by the parties and/or their representative may be waived
if all parties are represented by counsel. In special circumstances and in the
interest of judicial economy, the judge may allow the unrepresented party to
waive his appearance and permit the party to appear by telephone. Appearance by
the represented parties and/or their representative may be waived in written
form.
B. When one or more parties is not represented by counsel, the judge may appoint an attorney to assist the court in determining whether the settlement does substantial justice and is in the best interest of all parties. In such cases the court may approve an attorney's fee to be paid out of the proceeds of the settlement.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1310.1.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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