La. R.S. » RS
Louisiana Revised Statutes & Codes

La. Rev. Stat. § 23:1212 (2026)

Medical expense offset

✓ current as of May 2026
Find cases: SyfertCases citing this section LA-LEGlegis.la.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§1212. Medical expense offset

A. Except as provided in Subsection B, payment by any person or entity, other than a direct payment by the employee, a relative or friend of the employee, or by Medicaid or other state medical assistance programs of medical expenses that are owed under this Chapter, shall extinguish the claim against the employer or insurer for those medical expenses. This Section shall not be regarded as a violation of R.S. 23:1163. If the employee or the employee's spouse actually pays premiums for health insurance, either as direct payments or as itemized deductions from their salaries, then this offset will only apply in the same percentage, if any, that the employer of the employee or the employer of his spouse paid the health insurance premiums.

B. Payments by Medicaid or other state medical assistance programs shall not extinguish these claims and any payments made by such entities shall be subject to recovery by the state against the employer or insurer.

Added by Acts 1989, No. 454, §5, eff. Jan. 1, 1990; Amended by Acts 2001, No. 1062, §1.

Notes of Decisions
Cited in 62 cases (3 in the last 5 years), 1992–2023 · leading case: Benoit v. Turner Indus. Grp., LLC, 85 So. 3d 629 (La. 2012).
Sort: Relevance Newest Treatment
Benoit v. Turner Indus. Grp., LLC, 85 So. 3d 629 (La. 2012). · cites it 29× “R.S. 23:1212, which provides: |SA. Except as provided in Subsection B, payment by any person or entity, other than a direct payment by the employee, a relative or friend of the employee, or by Medicaid or other state medical assistance programs of medical expenses that are owed…”
Parfait v. Gulf Island Fabrication, Inc., 733 So. 2d 11 (La. Ct. App. 1999). · cites it 8× “23:1142(B) was inapplicable; (4) Gulf Island's liability for medical expenses was not extinguished pursuant to the provisions of LSA-R.S. 23:1212, and Gulf Island was not entitled to a credit in proportion to the percentage of hospitalization insurance premium paid by it; and…”
Authement v. Wal-Mart, 857 So. 2d 564 (La. Ct. App. 2003). · cites it 5× “The Workers' Compensation Court erred in ruling that Employer/Defendant should pay medical benefits, as the accident was not compensable, and if, in the alternative the incident was compensable, the Workers' Compensation Court erred by not ruling on Defendant/Employer…”
Gentile v. Baton Rouge Gen. Med. Ctr., 665 So. 2d 422 (La. Ct. App. 1995). · cites it 6× “Baton Rouge General contends that it is entitled to a credit under LSA-R.S. 23:1212 and 23:1225(C). An employer is required to furnish medical treatment under LSA-R.”
Blair v. Wal-Mart Stores, Inc., 818 So. 2d 1042 (La. Ct. App. 2002). · cites it 5× “R.S. 23:1212, Wal-Mart contends that Medicaid's payment of the medical expenses extinguished those amounts; hence, it was legal error for the trial court to order it to pay any medical expenses to Ms.”
Alford v. Acadian Ambulance Serv., Inc., 682 So. 2d 942 (La. Ct. App. 1996). · cites it 10× “R.S. 23:1212; (3) whether the deposition of Dr.”
Ryan v. Blount Bros. Const., Inc., 927 So. 2d 1242 (La. Ct. App. 2006). · cites it 6× “* * * Conversely, LUBA and ESIF contend the WCJ correctly limited Blue Cross' recovery, under LSA-R.S. 23:1212, which provides, in pertinent part: *1258 [P]ayment by any person or entity, other than a direct payment by the employee, a relative or friend of the employee, or by…”
Olivier v. City of Eunice, 92 So. 3d 630 (La. Ct. App. 2012). · cites it 5× “R.S. 23:1212 as interpreted by jurisprudence.”
Fernandez v. Hand Constr., LLC, 194 So. 3d 1149 (La. Ct. App. 2016). · cites it 5× “R.S. 23:1212 states: A. Except as provided in Subsection B, payment by any person or entity, other than a direct payment by the employee, a relative or friend of the employee, or by Medicaid or other state medical assistance programs of medical expenses that are owed under this…”
Antrainer v. Great Atl. & Pac. Tea Co., 712 So. 2d 590 (La. Ct. App. 1998). · cites it 8× “R.S. 23:1212. Plaintiff has also appealed, alleging that it was error to hold that A & P was not arbitrary and capricious in denying to pay benefits and medical payments.”
Gilmore v. SGB Const. Servs., Inc., 712 So. 2d 663 (La. Ct. App. 1998). · cites it 7× “By judgment dated April 28, 1997, the workers' compensation judge denied Gilmore's claim based on LSA-R.S. 23:1212. [3] The workers' compensation judge indicated the bills were paid by Gilmore's attorney, not a friend, or a relative as required for reimbursement under the…”
Taylor v. Columbian Chemicals, 744 So. 2d 704 (La. Ct. App. 1999). · cites it 3× “R.S. 23:1212 and award all such expenses incurred.”
Show all 62 citing cases →
La. Rev. Stat. § 23:1212(A): 10 cases
Benoit v. Turner Indus. Grp., LLC, 85 So. 3d 629 (La. 2012). “R.S. 23:1212, which provides: |SA. Except as provided in Subsection B, payment by any person or entity, other than a direct payment by the employee, a relative or friend of the employee, or by Medicaid or other state medical assistance programs of medical expenses that are owed…”
Olivier v. City of Eunice, 92 So. 3d 630 (La. Ct. App. 2012). “R.S. 23:1212 as interpreted by jurisprudence.”
Lemons v. Georgia Pac. Corp., 976 So. 2d 307 (La. Ct. App. 2008).
Mangiaracina v. Avis Budget Grp., Inc., 202 So. 3d 171 (La. Ct. App. 2016).
Chimento v. KDM Elec./Rapides Par. Work Release, 229 So. 3d 69 (La. Ct. App. 2017).
La. Rev. Stat. § 23:1212(B): 6 cases
Blair v. Wal-Mart Stores, Inc., 818 So. 2d 1042 (La. Ct. App. 2002). “R.S. 23:1212, Wal-Mart contends that Medicaid's payment of the medical expenses extinguished those amounts; hence, it was legal error for the trial court to order it to pay any medical expenses to Ms.”
Benoit v. Turner Indus. Grp., LLC, 85 So. 3d 629 (La. 2012). “R.S. 23:1212, which provides: |SA. Except as provided in Subsection B, payment by any person or entity, other than a direct payment by the employee, a relative or friend of the employee, or by Medicaid or other state medical assistance programs of medical expenses that are owed…”
Jackson v. Fam. Dollar Stores of La. Inc., 258 So. 3d 165 (La. Ct. App. 2018).
Benoit v. Turner Indus. Grp., LLC, 63 So. 3d 443 (La. Ct. App. 2011).
Patricia Matthews v. Big Easy Janitorial, L.L.C., & Louisiana Constr. & Indus. Self Insurers Fund, 346 So. 3d 325 (La. Ct. App. 2022).
La. Rev. Stat. § 23:1212(a): 1 case
Lemons v. Georgia Pac. Corp., 976 So. 2d 307 (La. Ct. App. 2008).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.