§1125. Right of employee to written report of medical examination; penalty for failure to furnish
A. Whenever an employee who is being treated by his choice of medical provider shall, at the request of the employer, the employer's insurer, or the representative of the employer or its insurer, submit to any type of medical examination and a medical report is received by said requester, such employee or his representative shall be entitled to a copy of the written report of the results of said examination within thirty days from the date the requester receives the report.
B. Whenever an employee has accepted medical treatment by a health care provider referred by the employer, the employer's insurer, or the representative of the employer or its insurer, he shall be entitled to receive a copy of any medical records of the medical provider that are in the possession of the employer or its insurer within thirty days from the date of the written demand upon the employer, the employer's insurer, or the representative of the employer or its insurer.
C. Such written report or records shall be furnished to said employee or his representative at no cost to the employee. Any employer who without just cause fails to furnish such report or records to an employee so requesting same within the thirty-day period provided for above shall be liable to the employee for a civil penalty in the amount of two hundred fifty dollars, plus reasonable attorney fees for the collection of such penalty.
Added by Acts 1976, No. 243, §1; Acts 1999, No. 134, §1, eff. June 9, 1999.
Notes of Decisions
Livings v. Langston Companies, 685 So. 2d 405 (La. Ct. App. 1996).
· cites it 7× “R.S. 23:1125 due to Cigna's failure to respond to a written request for her medical records; (2) whether the hearing officer erred in failing to assign penalties under La.”
Broussard v. West-Cal Const. Co., 676 So. 2d 743 (La. Ct. App. 1996).
· cites it 4× “R.S. 23:1125 for defendant's alleged failure to furnish a medical report; (2) in failing to specify the amount of death benefits awarded; (3) in failing to order the production of the report of defendant's expert and in failing to state plaintiff was entitled to a presumption in…”
Daugherty v. Domino's Pizza, 674 So. 2d 947 (La. 1996).
· cites it 2× “R.S. 23:1125 requires an employer, upon written request, to furnish an employee or his representative with a copy of any report issued to an employer from an examination of the employee which was conducted at the employer's request, within thirty days of the date of the…”
Dickerson v. Taylor, 424 So. 2d 291 (La. Ct. App. 1982).
· cites it 6× “Dickerson also sought civil penalties and attorney fees under R.S. 23:1125, 1201.2, in connection with both demands.”
Bolton v. Tulane Univ., 755 So. 2d 1003 (La. Ct. App. 2000).
· cites it 4× “The hearing officer cited R.S. 23:1125 in support of this award of $500.”
Sharp v. St. Tammany Marine & Powersports, 23 So. 3d 347 (La. Ct. App. 2009).
· cites it 8× “Another statute under which penalties and attorney fees may be imposed is LSA-R.S. 23:1125, which allows a $250 penalty and reasonable attorney fees if the claimant is not timely provided with a copy of medical records of his treatment by the employer's choice of health care…”
Fusilier v. Slick Const. Co., 640 So. 2d 788 (La. Ct. App. 1994).
“R.S. 23:1125, which requires an employer to furnish a claimant with a copy of his medical report within thirty days of written request.”
Vollenweider v. New Orleans Pub. Serv., Inc., 466 So. 2d 804 (La. Ct. App. 1985).
· cites it 2× “LSA-R.S. 23:1125 provides that an employer must furnish an employee with a copy of a written medical report within 30 days of the employee's request for such a report.”
Lacaze v. All. Compressors, 870 So. 2d 1150 (La. Ct. App. 2004).
“R.S. 23:1125 for the employer's alleged failure to provide her with medical records and denied penalties and attorney fees for the employer's alleged late payment of medical bills.”
Polk v. Babineaux's Plumbing, Inc., 628 So. 2d 71 (La. Ct. App. 1993).
“The administrative hearing officer also ordered defendants to pay a $1,500 attorney's fee "for their arbitrary and capricious conduct" in failing to timely pay medical expenses, failing to timely provide medical reports, and terminating plaintiff's worker's compensation benefits.”
Slate v. Travelers Ins. Co., 556 So. 2d 903 (La. Ct. App. 1990).
“R.S. 23:1125 for failure to provide requested medical reports within thirty days of written demand.”
La. Rev. Stat. § 23:1125(A): 2 cases
Sharp v. St. Tammany Marine & Powersports, 23 So. 3d 347 (La. Ct. App. 2009).
“Another statute under which penalties and attorney fees may be imposed is LSA-R.S. 23:1125, which allows a $250 penalty and reasonable attorney fees if the claimant is not timely provided with a copy of medical records of his treatment by the employer's choice of health care…”
La. Rev. Stat. § 23:1125(C): 1 case
Sharp v. St. Tammany Marine & Powersports, 23 So. 3d 347 (La. Ct. App. 2009).
“Another statute under which penalties and attorney fees may be imposed is LSA-R.S. 23:1125, which allows a $250 penalty and reasonable attorney fees if the claimant is not timely provided with a copy of medical records of his treatment by the employer's choice of health care…”
La. Rev. Stat. § 23:1125(F): 1 case
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