§ 51:1431 Definitions
§ 51:1432 Injunctive relief
§ 51:1433 Damages
§ 51:1434 Attorney’s fees
§ 51:1435 Preservation of secrecy
§ 51:1436 Prescriptive period
§ 51:1437 Effect on other law
§ 51:1438 Uniformity of application and construction
§ 51:1439 Short title

Terms Used In Louisiana Laws > Revised Statutes > Title 51 > Chapter 13-A

  • Accepted risk: means an employer, other than one eligible for a preferred risk policy, who in good faith attempts to procure or retain workers' compensation insurance but is unable to do so through ordinary methods in the voluntary market from an admitted insurer with a minimum "A-" A. See Louisiana Revised Statutes 39:1625
  • Board: means the board of directors of the corporation. See Louisiana Revised Statutes 39:1625
  • Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 39:98.1
  • Corporation: means the Louisiana Workers' Compensation Corporation. See Louisiana Revised Statutes 39:1625
  • Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:287.3
  • Director: means the director of the office of workers' compensation administration. See Louisiana Revised Statutes 9:5212
  • Employer: means any entity who is required to pay and has paid into the fund. See Louisiana Revised Statutes 39:1604.3
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Family preservation services: means services that are delivered primarily in the home, that follow intensive service models with demonstrated effectiveness in reducing or avoiding the need for unnecessary imminent foster care placement, and that have all of the characteristics delineated in R. See Louisiana Revised Statutes 46:287.3
  • Good faith: means honesty in fact in any conduct of a transaction. See Louisiana Revised Statutes 39:1625
  • Health care provider: means an individual or entity as defined in R. See Louisiana Revised Statutes 39:1625
  • Imminent: means a decision has been made by the department that, without family preservation services, a petition requesting the removal of a child from the family home will be immediately filed under Children's Code Article 619, 620, or 631 or that a voluntary placement agreement will be immediately initiated. See Louisiana Revised Statutes 46:287.3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Manager: means the person appointed to the position of manager by the board. See Louisiana Revised Statutes 39:1625
  • Misappropriation: means :

    (a)  acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

    (b)  disclosure or use of a trade secret of another without express or implied consent by a person who:

    (i)  used improper means to acquire knowledge of the trade secret; or

    (ii)  at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

    (aa)  derived from or through a person who had utilized improper means to acquire it;

    (bb)  acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

    (cc)  derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

    (iii)  before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Louisiana Revised Statutes 46:284

  • Office: means the office of workers' compensation administration established pursuant to R. See Louisiana Revised Statutes 9:5212
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Louisiana Revised Statutes 46:284
  • Policyholder: means a natural or artificial person named as the insured in a current policy issued by the corporation. See Louisiana Revised Statutes 39:1625
  • Preferred risk: is a n employer who is a Louisiana resident, partnership, or corporation domiciled in this state whose workers' compensation insurance policy meets either of the following conditions:

    (a)  The prospective annual premium is less than five thousand dollars during the succeeding twelve months; the governing classifications of the policy would be in hazard group I, II, or III, as determined in retrospective rating plans approved by the commissioner of insurance; and the employer can demonstrate that its loss ratio has not exceeded seventy-hundredths during the most recent three policy years. See Louisiana Revised Statutes 39:1625

  • Profit: means income including premiums earned, investment income, and fees less expenses including claims paid and reserved, claims incurred but not reported, loss adjusting expenses, administrative and production costs, and any other expenses. See Louisiana Revised Statutes 39:1625
  • Servicing carrier or contractor or vendor: means an insurer or other entity which contracts with the board to provide a service to the corporation. See Louisiana Revised Statutes 39:1625
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

    (a)  derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and

    (b)  is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Louisiana Revised Statutes 46:284