1. A. Any request for a preliminary determination pursuant to R.S. 23:1201.1 shall be made in the answer or amended answer and shall include:

   1. 1. a copy of the LW-WC-1002 and notice of disagreement; and
   2. 2. a motion and order to set telephone status conference.

2. B. Upon receipt of a preliminary determination, the court shall:

   1. 1. Set a telephone conference within 15 days from receipt of the preliminary determination to schedule a preliminary determination hearing. Schedule the preliminary determination to be heard within 90 days from the telephone status conference. The deadline for any discovery shall be 30 days before the preliminary determination hearing. The parties shall exchange exhibits 15 days before the hearing and send copies of the exhibits, exhibit list and memorandum to the presiding workers’ compensation judge.
   2. 2. The workers’ compensation judge shall advise all parties of the deadlines set forth hereinabove in the telephone status conference.
   3. 3. The court shall forward a scheduling conference order to the parties within three days of the telephone status conference. The order shall include a list of issues to be determined, the date of the scheduled hearing, the deadline for discovery, the deadline for the exchange of exhibits, the deadline for the submission of exhibits and the deadline for the submission of memoranda to the court.
   4. 4. After the preliminary determination hearing, the court shall forward a written preliminary determination to the parties within 30 days of the hearing.
   5. 5. The court shall issue notice of the judge’s written preliminary determination. The notice shall advise the parties of their options to accept or reject the finding and that if the court does not receive written notification within 15 days of further action by the parties, the court will close the file or proceed to trial on the merits on all remaining issues.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1310.1(C).

Historical Note

HISTORICAL NOTE: Promulgated by Louisiana Works, Office of Workers’ Compensation Administration, LR 51:1618 (October 2025), amended LR 52:506 (April 2026).