RS 23:1316.1

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RS 23:1316.1

§1316.1. Default judgment

A.(1) If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or the time extended by the workers' compensation judge, and the plaintiff establishes a prima facie case by competent and admissible evidence and proof of proper service is made, a default judgment may be rendered against the defendant, provided that notice that the plaintiff intends to obtain a default judgment is sent if required by this Subsection, unless such notice is waived.

(2)If a party who fails to answer has made an appearance of record in the case, notice that the plaintiff intends to obtain a default judgment shall be sent by certified mail to counsel of record for the party, or if there is no counsel of record, to the party, at least seven days before a default judgment may be rendered.

(3)If an attorney for a party who fails to answer has contacted the plaintiff or the plaintiff's attorney in writing concerning the action after it has been filed, notice that the plaintiff intends to obtain a default judgment shall be sent by certified mail to the party's attorney at least seven days before a default judgment may be rendered.

B. A prima facie case shall include but not be limited to proof of the following:

(1)The employee's average weekly wage.

(2)The existence of an employer-employee relationship at the time of the work-related accident.

(3)The occurrence of an accident arising out of and in the course of the employment, or the existence of an occupational disease.

(4)Entitlement to benefits under the provisions of this Chapter.

C. Medical evidence shall include oral testimony or certified medical records from all treating and all examining health care providers. All other evidence may be presented by sworn affidavit.

Acts 1991, No. 731, §1; Acts 1992, No. 761, §1; Acts 2004, No. 341, §1, eff. June 18, 2004; Acts 2017, No. 419, §3; Acts 2021, No. 174, §3, eff. Jan. 1, 2022.