§1310.7. Orders; subpoenas; judgments; enforcement; contempt
A. A workers' compensation judge shall have the power to enforce any order or
judgment he shall deem proper which is issued pursuant to the powers and jurisdiction
provided for in this Chapter and the Constitution of Louisiana. This power shall not include
the authority to order a person confined.
B.(1) Direct contempt in a workers' compensation proceeding shall be as defined in
Louisiana Code of Civil Procedure Article 222, except that it shall be committed before or
in response to a subpoena or summons of a workers' compensation judge instead of the court.
In a case of direct contempt, the workers' compensation judge may assess a civil fine of up
to five hundred dollars for each such contempt violation which shall be payable to the Kids
Chance Scholarship Fund, Louisiana Bar Foundation.
(2) Constructive contempt in a workers' compensation proceeding shall be as defined
in Louisiana Code of Civil Procedure Article 224, except that it shall be concerning the
workers' compensation judge and hearing procedures instead of the court. In a case of
constructive contempt, the workers' compensation judge may assess a civil fine of up to five
hundred dollars for each such contempt violation which shall be payable to the Kids Chance
Scholarship Fund, Louisiana Bar Foundation.
(3) In any case where the workers' compensation judge has found a party in direct
or constructive contempt, or has imposed sanctions on a party for conduct in connection with
the litigation of a claim, the workers' compensation judge shall issue written reasons in
connection with said ruling and shall report such findings to the assistant secretary on a form
promulgated by the assistant secretary, within thirty days of the ruling.
C. Workers' compensation judges shall have the authority to issue subpoenas and
subpoenas duces tecum as provided in Louisiana Code of Civil Procedure Articles 1351
through 1354. Subpoenas issued pursuant to this Section may be served by certified mail,
return receipt requested.
D. Nothing in this Section shall be construed to limit the power of the workers'
compensation judge to encourage compliance with and enforcement of his orders by means
other than referral to the district courts for contempt proceedings.
Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 260, §1, eff. Jan. 1, 1990;
Acts 1992, No. 762, §1; Acts 1993, No. 884, §1; Acts 1995, No. 348, §1, eff. June 16, 1995;
Acts 1997, No. 88, §1, eff. June 11, 1997; Acts 2005, No. 257, §1.