Maximum period is duration of the disability. TT is subject to unemployment income benefit offset.

Maximum period is duration of the disability. See also DI 52120.105E. below.

Maximum period is 520 weeks.

Maximum period for unscheduled injury is 520 weeks. Additional benefits of $30,000.00 for catastrophic injuries, payable 1 year after injury.

1. a. 

   Before reverse offset applies, the following three conditions are required:

   • •

     Disabled worker receives periodic PT or lump sum (LS) PT and Social Security disability insurance benefits (DIB).

   • •

     WC injury occurred on or after 09/08/1978.

   • •

     The carrier must show evidence of “judicial demand” and approval of the reverse offset statute.

     Reference: Louisiana Revised Statutes, (R.S.) 23-1225A

2. b. 

   Judicial demand is when the carrier specifically alleges its’ right in court or, as of 01/01/1990, with Louisiana WC Administrative Hearings Officers, to offset WC under Louisiana reverse offset statute due to the worker’s receipt of Social Security Administration (SSA) DIB.

3. c. 

   Offset applies up to the date of judicial demand.

4. d. 

   Offset should be removed when all three conditions are met, but only beginning with the date the carrier makes judicial demand.

5. e. 

   Offset cannot be removed prior to the date of judicial demand.

• •

  Since 01/01/1990, some carriers have taken an offset without obtaining judicial demand based on a ruling by the appeals court in the Bellard vs So. Louisiana Const. Case. That decision was overturned.

• •

  In these cases, the employer/insurer must obtain judicial demand by submitting a Louisiana Workers' Compensation Agency form Louisiana Offset-Exhibit-Bellard Motion to an administrative hearings judge.

• •

  The administrative hearings judge grants judicial demand by issuing a Louisiana Offset-Bellard Order. The employer/insurer presents the "Bellard Order" to a Social Security office. A technician then does an ICF WC/PDB input to remove the WC offset effective with the date shown on the "Bellard Order" and fax it into NDRed in the Evidence Portal. The date may be retroactive.  

  NOTE: The Bellard Motion and Order forms had a destruction date of 12/31/1992.

• •

  If offset applies to the worker’s benefits, and the worker cannot obtain the judicial demand through the employer, insurer or attorney, the worker may complete an LW-WC-1008 and forward it to the Workers' Compensation Agency. The Workers' Compensation Agency will provide judicial demand either by requiring the employer or insurer to file a "Bellard Motion" or by the granting of judicial demand by the judge.

• •

  The Disputed Claim for Compensation (Disputed Workers' Compensation Claim), LW-WC-1008, collects data concerning the employee, insurer, doctors, dependent, attorney, injury, and the basis of the dispute. It also contains an authorization for the release of medical records.

• •

  Judicial demand was not required

• •

  SSA removed offset based solely on the receipt of PT WC

• •

  When offset has been removed per those instructions, SSA will not retroactively re-impose offset due to the lack of “judicial demand”

  NOTE: The Louisiana Workers Compensation Commission may also ask the SSA FO employee to complete the Request for Social Security Benefits Information (Form LW-WC-1004) This form is used to gather information from SSA to allow calculation of the amount by which to offset the PT.