§1208.1. Employer's inquiry into employee's previous injury claims; forfeiture of benefits
Nothing in this Title shall prohibit an employer from inquiring about previous injuries, disabilities, or other medical conditions and the employee shall answer truthfully; failure to answer truthfully shall result in the employee's forfeiture of benefits under this Chapter, provided said failure to answer directly relates to the medical condition for which a claim for benefits is made or affects the employer's ability to receive reimbursement from the second injury fund. This Section shall not be enforceable unless the written form on which the inquiries about previous medical conditions are made contains a notice advising the employee that his failure to answer truthfully may result in his forfeiture of worker's compensation benefits under R.S. 23:1208.1. Such notice shall be prominently displayed in bold faced block lettering of no less than ten point type.
Acts 1988, No. 938, §2, eff. Jan. 1, 1989; Acts 1989, No. 454, §5, eff. Jan. 1, 1990.
Notes of Decisions
Nabors Drilling USA v. Davis, 857 So. 2d 407 (La. 2003).
· cites it 22× “Accordingly, we reverse the judgment of the court of appeal and reinstate the judgment of the workers' compensation judge dismissing the demand of the employer seeking to terminate benefits pursuant to LSA-R.S. 23:1208.1. FACTS AND PROCEDURAL HISTORY On January 18, 1994,…”
Wise v. JE Merit Constructors, Inc., 707 So. 2d 1214 (La. 1998).
· cites it 22× “R.S. 23:1208.1. Merit Constructors contends that claimant's response to the question regarding knee problems amounted to an untruthful statement.”
Boh Bros. Constr. Co. v. Price, 800 So. 2d 898 (La. Ct. App. 2001).
· cites it 14× “R.S. 23:1208.1; (4) the medical evidence did not support Price's allegations that the extent of his disability and/or work restrictions had worsened as a result of the accident; (5) Price was not entitled to temporary total disability or supplemental earnings benefits; and, (6)…”
King v. Grand Cove Nursing Home, 640 So. 2d 348 (La. Ct. App. 1994).
· cites it 12× “The defendant appeals contending that the hearing officer manifestly erred in finding that LSA-R.S. 23:1208.1, regarding the effects of an employee's failure to disclose a prior injury to his employer, and LSA-R.”
Williams v. Holly Hill Nursing Home, 640 So. 2d 383 (La. Ct. App. 1994).
· cites it 16× “The sole issue on appeal is whether the hearing officer properly applied LSA-R.S. 23:1208.1 to bar Williams' benefits.”
Resweber v. Haroil Const. Co., 660 So. 2d 7 (La. 1995).
· cites it 3× “R.S. 23:1208.1, however, is to allow the employer to ask prospective or current employees about prior injuries.”
Armand v. Denton-James, L.L.C., 2 So. 3d 1272 (La. Ct. App. 2009).
· cites it 12× “R.S. 23:1208.1 and 23:1208 defenses and awards Claimant relief he sought in this workers' compensation matter.”
Hickman v. Jim Smith Logging, 883 So. 2d 1072 (La. Ct. App. 2004).
· cites it 8× “R.S. 23:1208.1. FACTS On the morning of July 24, 2001, Dwight Hickman called Jim Smith to discuss a job opportunity.”
Newman v. Richard Price Const., 859 So. 2d 136 (La. Ct. App. 2003).
· cites it 5× “Forfeiture for Violation of LSA-R.S. 23:1208.1 On appeal, Price Construction also urges that the requirements for forfeiture under LSA-R.”
Colonial Nursing Home v. Bradford, 834 So. 2d 1262 (La. Ct. App. 2002).
· cites it 5× “R.S. 23:1208.1. 3. The workers' compensation judge erred in awarding temporary, total disability benefits from the date of injury through January 15, 2002.”
Dulin v. Levis Mitsubishi, Inc., 836 So. 2d 340 (La. Ct. App. 2002).
· cites it 8× “This is an appeal by an employee from a judgment of the Office of Workers' Compensation Administration, [2] which dismissed the employee's disputed claim for compensation because of a violation of LSA-R.S. 23:1208.1. For the following reasons, this court affirms.”
La. Rev. Stat. § 23:1208.1(1): 1 case
La. Rev. Stat. § 23:1208.1(K): 1 case
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