HLS 10RS-1620 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1223
BY REPRESENTATIVE EDWARDS
WORKERS COMPENSATI ON: Provides relative to the Workers' Compensation Second
Injury Fund
AN ACT1
To amend and reenact R.S. 23:1371(A), (B), (C)(introductory paragraph) and (2), 1373(A),2
1377(A) and (C)(3), and 1378(A)(introductory paragraph) and (F) and to enact R.S.3
23:1371.1(5) through (8), relative to the Workers' Compensation Second Injury4
Fund; to provide for the encouragement of employment, re-employment and5
retention of employees who have a permanent, partial disability; provides a merger6
of a preexisting permanent partial disability may only be merged when additional7
medical and indemnity benefits for that greater disability have been paid; to provide8
for definitions of knowledge, merger, PPD employee registry; to provide for the9
frequency of meetings; to provide that any interest income generated by the fund10
shall accrue to the fund; to provide for additions and changes of conditions11
considered to be permanent partial disabilities; to provide that actual knowledge of12
conditions may be established only in certain circumstances; and to provide for13
related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 23:1371(A), (B), and (C)(introductory paragraph) and (2), 1373(A),16
1377(A) and (C)(3), and 1378(A)(introductory paragraph) and (F) are hereby amended and17
reenacted and R.S. 23:1371.1(5) through (8) are hereby enacted read as follows:18
§1371. Purpose and construction intent19
A. It is the purpose of this Part to:20 HLS 10RS-1620 ORIGINAL
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(1) Encourage the employment , of physically handicapped re-employment1
or retention of employees who have a permanent, partial disability. 2
(2) by protecting Protect employers, group self-insurance funds, and property3
and casualty insurers from excess liability for workers' compensation for disability4
when a subsequent injury to such an employee merges with his preexisting5
permanent physical disability to cause a greater disability than would have resulted6
from the subsequent injury alone.7
B. Except as provided in R.S. 23:1378(A)(8)(6), this Part shall not be8
construed to create, provide, diminish, or affect in any way the workers'9
compensation benefits due to an injured employee. The payment of compensation10
to an injured employee under this Chapter shall be determined without regard to this11
Part, and the provisions of this Part shall be considered only in determining whether12
an employer or his insurer is entitled to reimbursement from the Workers'13
Compensation Second Injury Fund herein created.14
C. As used in this part Part, the merger of an injury with a preexisting15
permanent partial disability is limited to the following:16
* * *17
(2) The disability resulting from the subsequent injury in conjunction with18
the preexisting permanent partial disability is materially and substantially greater19
than that which would have resulted had the preexisting permanent partial disability20
not been present, and the employer has been required to pay and has paid21
compensation additional medical and indemnity benefits for that greater disability.22
* * *23
§1371.1. Definitions24
As used in this Part, unless the context clearly indicates otherwise, the25
following terms shall be given the meaning ascribed to them in this Section:26
* * *27
(5) "Knowledge" shall mean, for injuries occurring after December 31, 2010,28
actual knowledge established by the following circumstances:29 HLS 10RS-1620 ORIGINAL
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(a) Where the employee's preexisting permanent partial disability was caused1
by an accident or occupational disease while employed by the same employer2
seeking reimbursement from the Second Injury Fund.3
(b) When, prior to the second injury, the employee disclosed to the employer4
their preexisting permanent partial disability on a form provided by the office of5
workers' compensation.6
(c) Whereby the employer employs, retains, or re-employs employees from7
the PPD employee registry maintained by the Louisiana Workforce Commission.8
(6) "Merger" shall mean the merger of an injury with a preexisting permanent9
partial disability, limited to the following:10
(a) The subsequent injury would not have occurred but for the preexisting11
permanent partial disability.12
(b) The disability resulting from the subsequent injury in conjunction with13
the preexisting permanent partial disability is materially and substantially greater14
than that which would have resulted had the preexisting permanent partial disability15
not been present, and the employer has been required to pay and has paid additional16
medical and indemnity benefits for that greater disability.17
(7)"Permanent partial disability" shall mean any permanent condition,18
whether congenital or due to injury or disease, of such seriousness as to constitute19
a hindrance or obstacle to obtaining employment, retention by an employer, or to20
obtaining reemployment if the employee becomes unemployed.21
(8) "PPD Employee Registry" shall mean the registry of available employees22
maintained by Louisiana Workforce Commission providing knowledge of an23
employee's preexisting permanent partial disability for the purpose of a Second24
Injury Board claim.25
* * *26
§1373. Meetings; quorum; officers27
A. The board shall meet at least monthly but in no event shall they meet less28
than once each three months and at such other times as it may provide by its rules.29 HLS 10RS-1620 ORIGINAL
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Three members shall constitute a quorum for the transaction of business. A majority1
vote of the members present shall be required for all actions of the board. Any2
member of the board may be represented at any meeting by an alternate designated3
by the member in writing prior to the commencement of such meeting.4
* * *5
§1377. Workers' Compensation Second Injury Fund6
A. There is hereby created and established in the state treasury a special7
fund which shall be designated as the "Workers' Compensation Second Injury Fund",8
hereinafter referred to as the "fund". The fund shall be maintained as a separate9
account in the state treasury for the purposes of funding the administrative expenses10
of the board and reimbursing compensable claims of property and casualty insurers,11
self-insured employers, and group self-insurance funds as set forth by R.S. 23:137112
et seq. Monies shall be withdrawn therefrom only pursuant to legislative13
appropriation and shall be subject to budgetary control as provided by law. All14
remaining and unencumbered balances at the end of any fiscal year shall remain15
credited to the fund and shall be used solely for the purposes stated in this Section.16
Any interest income generated by the fund shall accrue to the fund.17
* * *18
C.19
* * *20
(3) Any entity that is required by law to make an annual payment or21
payments into the fund and has not done so shall not be eligible for reimbursement22
from the fund. In addition, except as provided in R.S. 23:1378(A)(7) R.S.23
23:1378(A)(5), any entity that is not required by law to make such payments into the24
fund shall not be eligible for reimbursement from the fund.25
* * *26
§1378. Determination of liability of fund27
A. An employer operating under the provisions of this Chapter who28
knowingly employs , re-employs or knowingly retains in his employment an29 HLS 10RS-1620 ORIGINAL
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employee who has a permanent partial disability, as defined in Subsection F of this1
Section R.S. 23:1371.1(5), shall, qualify for reimbursement from the Second Injury2
Fund if the employee incurs a subsequent injury arising out of and in the course of3
his employment resulting in a greater liability due to the merger of the subsequent4
injury with the preexisting permanent partial disability. The employer or, if insured,5
his insurer shall pay all benefits provided in this Chapter, but the employer or, if6
insured, his insurer thereafter shall be reimbursed from by the Second Injury Fund7
for all indemnity and medical benefit payments as follows:8
Date of Injury Occurring Reimbursement Schedule9
Before July 1, 2004 & INDEMNITY10
on/after July 1, 2009 TTD/SEB/PTD After the first 104 weeks of11
payment of benefits12
Death benefits after the first 175 weeks of payment13
of benefits14
MEDICAL15
50% of all reasonable and necessary medical16
expenses actually paid which exceed $5,000.00 but17
no less than $10,000.0018
100% of all reasonable and necessary medical19
expenses actually paid which exceeds $10,000.0020
After July 1, 2004 & INDEMNITY21
After the first 130 weeks of payment of benefits22
MEDICAL23
100% of all reasonable and necessary medical24
expenses actually paid which exceed $25,000.0025
On/after July 1, 2010 & INDEMNITY26
before July 1, 2015 After the first 104 week of indemnity27
MEDICAL28
100% of all reasonable and necessary medical29 HLS 10RS-1620 ORIGINAL
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expenses actually paid which exceed $25,000.001
Vocational rehabilitation expenses, if such2
expenses are directly related to services provided3
in the actual retention or reemployment of4
employees and the $25,000 medical threshold has5
been met6
(1)(a) For injuries occurring before July 1, 2004, and on or after July 1,7
2009, if an employee who has a permanent partial disability incurs a subsequent8
injury arising out of and in the course of his employment resulting in liability for9
disability due to the merger of the subsequent injury with the preexisting permanent10
partial disability, the employer or, if insured, his insurer, in the first instance, shall11
pay all compensation provided in this Chapter, but the employer or, if insured, his12
insurer thereafter shall be reimbursed from the Second Injury Fund for all weekly13
compensation payments payable after the first one hundred four weeks of payments.14
Such payments shall be reimbursed provided they are submitted to the board within15
one year of the approval for reimbursement or within one year of the payment of16
such weekly compensation payments, whichever occurs later.17
(b) For injuries occurring on or after July 1, 2004, and before July 1, 2009,18
if an employee who has a permanent partial disability incurs a subsequent injury19
arising out of and in the course of his employment resulting in liability for disability20
due to the merger of the subsequent injury with the preexisting permanent partial21
disability, the employer or, if insured, his insurer thereafter shall be reimbursed from22
the Second Injury Fund for all weekly compensation payments payable after the first23
one hundred thirty weeks of payments. Such payments shall be reimbursed provided24
they are submitted to the board within one year of the approval for reimbursement25
or within one year of the payment of such weekly compensation payments,26
whichever occurs later.27
(2)(a) For injuries occurring before July 1, 2004, and on or after July 1,28
2009, if an employer becomes liable for the payment of death benefits under the29 HLS 10RS-1620 ORIGINAL
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provisions of this Chapter, said employer or, if insured, his insurer shall be entitled1
to reimbursement from the workers' compensation Second Injury Fund for all death2
benefit payments payable after the first one hundred seventy-five weeks of payments,3
provided that death benefits are actually paid by said employer or his insurer under4
the provisions of this Chapter, and provided that the deceased employee of the5
employer died as a result of a combination of a preexisting permanent partial6
disability and a subsequent compensable injury or the employee's death would not7
have occurred but for the preexisting permanent partial disability. Such payments8
shall be reimbursed provided they are submitted to the board within one year of the9
approval for reimbursement or within one year of the payment of such death benefits,10
whichever occurs later.11
(b) For injuries occurring on or after July 1, 2004, and before July 1, 2009,12
if an employer becomes liable for the payment of death benefits under the provisions13
of this Chapter, said employer or, if insured, his insurer shall be entitled to14
reimbursement from the workers' compensation Second Injury Fund for all death15
benefit payments payable after the first one hundred thirty weeks of payments,16
provided that death benefits are actually paid by the employer or his insurer under17
the provisions of this Chapter, and provided that the deceased employee of the18
employer died as a result of a combination of a preexisting permanent partial19
disability and a subsequent compensable injury or the employee's death would not20
have occurred but for the preexisting permanent partial disability. Such payments21
shall be reimbursed provided they are submitted to the board within one year of the22
approval for reimbursement or within one year of the payment of such death benefits,23
whichever occurs later.24
(3)(a) For injuries occurring before July 1, 2004, and on or after July 1,25
2009, if an employee who has a permanent partial disability incurs a subsequent26
injury arising out of and in the course of his employment resulting in liability for27
disability due to the merger of the subsequent injury with the preexisting permanent28
partial disability, the employer or, if insured, the insurer shall be reimbursed from29 HLS 10RS-1620 ORIGINAL
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the Second Injury Fund for medical expenses actually paid and payable in1
accordance with R.S. 23:1203 as follows:2
(I) Fifty percent of all reasonable and necessary medical expenses actually3
paid, which exceed five thousand dollars but are less than ten thousand dollars.4
(ii) One hundred percent of all reasonable and necessary medical expenses5
actually paid and payable, which exceed ten thousand dollars.6
(iii) Such payments shall be reimbursed provided they are submitted to the7
board within one year of the approval for reimbursement or within one year of the8
payment of such medical payments, whichever occurs later.9
(b) For injuries occurring on or after July 1, 2004, and before July 1, 2009,10
if an employee who has a permanent partial disability incurs a subsequent injury11
arising out of and in the course of his employment resulting in liability for disability12
due to the merger of the subsequent injury with the preexisting permanent partial13
disability, the employer or, if insured, the insurer shall be reimbursed from the14
Second Injury Fund for medical expenses actually paid and payable in accordance15
with R.S. 23:1203 as follows:16
(I) One hundred percent of all reasonable and necessary medical expenses17
actually paid and payable, which exceed twenty-five thousand dollars.18
(ii) Such payments shall be reimbursed provided they are submitted to the19
board within one year of the approval for reimbursement or within one year of the20
payment of such medical payments, whichever occurs later.21
(4)(2) No employer or insurer shall be entitled to reimbursement unless it is22
clearly established that the employer had actual knowledge of the employee's23
preexisting permanent partial disability prior to the subsequent injury. For injuries24
occurring after December 31, 2010, actual knowledge shall only be established by25
the following circumstances:26
(a) Where the employee's preexisting permanent partial disability was caused27
by an accident or occupational disease while employed by the same employer28
seeking reimbursement from the Second Injury Fund,29 HLS 10RS-1620 ORIGINAL
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(b) When, prior to the second injury, the employee disclosed to the employer1
his preexisting permanent partial disability on a form provided by the office of2
workers' compensation administration.3
(c) Whereby the employer employs, retains, or re-employs employees from4
the Permanent Partial Disability (PPD) employee registry maintained by the5
Louisiana Workforce Commission.6
(5)(3) The Second Injury Fund shall be credited or reimbursed for sums7
recovered by the employer or the insurer from third parties in an amount equal to a8
pro rata share of the net amount recovered based upon the amounts paid by the fund,9
and the amounts paid by the self-insurer or insurer which have not been reimbursed10
by the fund, to or on behalf of the injured employee for medical benefits, workers'11
compensation indemnity benefits, and vocational rehabilitation services. The12
employer or the insurer shall advise the board of any subrogation action against third13
parties on any claim submitted to the board. The failure of the employer or insurer14
to notify the board of any pending subrogation action prior to receipt of payment15
from the board shall subject the employer or the insurer to a penalty of twenty16
percent of the amount otherwise claimed by said employer or insurer as payable from17
the Second Injury Fund, as well as a return of all amounts paid by the board to the18
extent these amounts are recovered in the subrogation action. Notwithstanding any19
provision of this Section, Except as provided in R.S. 23:1378(A) the Second Injury20
Fund shall not be required to reimburse vocational rehabilitation expenses.21
(6)(4)(a) The Second Injury Fund shall not be liable for reimbursement or22
be obligated to give credit for any amounts paid by an employer or carrier as attorney23
fees, penalties, or interest, nor for any sums paid under the Jones Act or24
Longshoremen and Harbor Workers Compensation Act.25
(b) For settlements occurring after July 1, 2007, the Second Injury Fund shall26
be liable for reimbursement or be obligated to give credit for attorney fees paid27
pursuant to R.S. 23:1141 but shall not be liable for reimbursement or be obligated28 HLS 10RS-1620 ORIGINAL
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to give credit for attorney fees paid pursuant to R.S. 23:1201 or any other penalty1
provision provided for in Chapter 10 of this Title.2
(7)(5) Upon the board's approval of a claim for reimbursement, and on an3
annual basis thereafter, the insurer shall report to the board an estimate of the future4
medical and indemnity liability to the injured employee on a form promulgated by5
the director. The report shall be submitted to the board each year at the same time6
the annual report required by R.S. 23:1291.1 is submitted to the office of workers'7
compensation administration.8
(a) For injuries occurring before July 1, 2004, and on or after July 1, 2009,9
upon the board's approval of a claim for reimbursement, the insurer shall10
immediately certify to the board that the medical reserve has been reduced to no11
more than seven thousand five hundred dollars, and the weekly disability benefits12
(indemnity) reserve does not exceed one hundred four weeks of indemnity. In the13
event of a death claim, the weekly benefits reserve will be no more than one hundred14
seventy-five weeks. No reimbursement will be made to the insurer unless such15
insurer complies with the provisions of this Paragraph.:16
(I) As a prerequisite to reimbursement from the fund, the insurer shall be17
required to certify that the medical and indemnity reserves have been reduced to the18
threshold limits of reimbursement and report in accordance with the National19
Council on Compensation Insurance Workers' Compensation Statistical Plan.20
(ii) The Second Injury Fund Director must quarterly submit to the National21
Council on Compensation Insurance information regarding Second Injury Fund22
accepted claims.23
(iii) The National Council on Compensation Insurance must submit a report24
of any discrepancies pursuant to regulations established by the Department of25
Insurance. The Department of Insurance is directed to establish regulations26
concerning Second Injury Fund discrepancies.27 HLS 10RS-1620 ORIGINAL
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(b) The Louisiana Insurance Guaranty Association shall be entitled to1
reimbursement, but only to the extent of the proportion of the Second Injury Fund2
assessment paid by insurance companies.3
(b) (c) For injuries occurring on or after July 1, 2004, and before July 1,4
2009, upon the board's approval of a claim for reimbursement, the insurer shall5
immediately certify to the board that the medical reserve has been reduced to no6
more than twenty-five thousand dollars, and the weekly disability benefits7
(indemnity) reserve does not exceed one hundred thirty weeks of indemnity. In the8
event of a death claim, the weekly benefits reserve will be no more than one hundred9
thirty weeks. No reimbursement will be made to the insurer unless such insurer10
complies with the provisions of this Paragraph. The Louisiana Insurance Guaranty11
Association shall be entitled to reimbursement, but only to the extent of the12
proportion of the Second Injury Fund assessment paid by insurance companies.13
(8)(6)(a)(I) For an accident occurring on or after October 1, 1995, the14
employer, if self-insured, or the insurer shall obtain written approval from the board15
of any lump sum or compromise settlement of an approved claim before such16
settlement is submitted for approval, as provided in Part III of this Chapter.17
(ii) If written approval is obtained, an order approving the settlement shall18
be obtained within one hundred eighty days from the date that approval is issued19
after which time the written approval shall be null and the self-insurer or insurer20
must again obtain written approval to settle the claim. The board shall respond to21
requests for written approval within forty-five days of receipt of the request.22
(iii) If an employer, if self-insured, or the insurer seeks authority to enter into23
a compromise settlement in connection with the settlement of a third-party claim, the24
board shall respond within three working days unless the settlement contemplates25
payment by the insurer or self-insurer of additional amounts which exceed fifty26
thousand dollars. If the settlement contemplates additional amounts which exceed27
fifty thousand dollars, the board shall respond within forty-five days of receipt of the28
request.29 HLS 10RS-1620 ORIGINAL
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(iv) If the board does not issue a written response within the time provided1
in Items (ii) and (iii), the request shall be deemed approved unless the employer or2
insurer does not comply with rules promulgated pursuant to Item (v) of this3
Paragraph.4
(v) The director of the Office of Workers' Compensation Administration5
shall establish and promulgate, in accordance with the Administrative Procedure Act,6
such rules and regulations governing the submission of requests for approval as well7
as response from the board as may be deemed necessary and which are not8
inconsistent with the laws of this state.9
(b)(I) Except in cases of a settlement in connection with the settlement of a10
third-party claim, if the self-insurer or insurer fails to obtain written approval from11
the board as provided in Subparagraph (a) of this Paragraph or fails to submit the12
settlement to the judge for approval as provided in Subparagraph (a) of this13
Paragraph, the fund shall not reimburse such self-insurer or insurer for the final14
settlement amount.15
(ii) In cases of a settlement in connection with the settlement of a third-party16
claim, if the self-insurer or insurer fails to obtain written approval from the board as17
provided in Subparagraph (a) of this Paragraph or fails to submit the settlement to18
the judge for approval as provided in Subparagraph (a) of this Paragraph, the fund19
shall not reimburse such self-insurer or insurer for the final settlement amount and20
twenty-five percent of the unpaid reimbursements due or ten thousand dollars,21
whichever is greater.22
(iii) As used in this Section, "final settlement amount" shall mean only23
additional funds contemplated to be paid by the insurer or self-insurer.24
(c) The board shall not be a party to any lump sum compromise settlement25
with the employee.26
(d) In the event that the board issues a written denial of the settlement, the27
property or casualty insurer, self-insured employer, or group self-insurance fund may28
appeal pursuant to Subsection E. The appeal shall be placed on the preference29 HLS 10RS-1620 ORIGINAL
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docket of the appropriate district court and shall be heard on the earliest practicable1
date.2
* * *3
F. As used in this Part, permanent partial disability means any permanent4
condition, whether congenital or due to injury or disease, of such seriousness as to5
constitute a hindrance or obstacle to obtaining employment or to obtaining6
reemployment if the employee should become unemployed. Where, however, the7
employer establishes that he had knowledge of the preexisting permanent partial8
disability prior to the subsequent injury, and diagnosis of the condition was made by9
qualified physicians within the scope of their practice or other persons properly10
licensed and certified to make such a diagnosis, there shall be a rebuttable11
presumption that the employer considered the condition to be permanent and to be12
or likely to be a hindrance or obstacle to employment where the condition is one of13
the following:14
(1) Epilepsy. Seizure Disorder.15
(2) Diabetes Mellitus.16
(3) Cardiac disease. Coronary Artery Disease or Congestive Heart Failure.17
(4) Arthritis.18
(5) Amputated foot, leg, arm, or hand; or total or Partial of at least 50% loss19
of use thereof.20
(6) Loss of sight of one or both eyes or a partial loss of uncorrected vision21
of more than seventy-five percent bilaterally. Legally Blind.22
(7) Residual disability from poliomyelitis.23
(8) Cerebral palsy.24
(9) Multiple sclerosis.25
(10) Parkinson's disease.26
(11) Cerebral vascular accident.27
(12) Tuberculosis.28
(13) Silicosis. Pneumoconiosis.29 HLS 10RS-1620 ORIGINAL
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(14) Psychoneurotic disability following treatment in a recognized medical1
or mental institution.2
(15) Hemophilia. Bleeding Disorder.3
(16) Chronic osteomyelitis.4
(17) Ankylosis of joints.5
(18) Hyperinsulinism.6
(19) (18) Muscular dystrophy.7
(20) (19) Arteriosclerosis.8
(21) (20) Thrombophlebitis.9
(22) (21) Varicose veins.10
(23) (22) Heavy metal poisoning.11
(24) (23) Ionizing radiation injury.12
(25) (24) Compressed air sequelae.13
(26) (25) Ruptured or herniated intervertebral disc.14
(27) Hodgkin's disease.15
(28) (26) Brain damage.16
(29) (27) A spinal fusion, or the surgical removal of an intervertebral disc17
partial or total discectomy or microdiscectomy.18
(28) Chronic Obstructive Pulmonary Disease (COPD)19
(29) Post Traumatic Stress Disorder Syndrome (PTSD)20
(30) Post Concussive Syndrome21
(31) Alzheimer's Disease22
(32) Sickle-Cell Anemia23
(33) Joint Replacement Surgery24
(30)(a)(34) Mental retardation, provided the diagnosis of mental retardation25
shall be made on the basis of:.26
(a) Provided the diagnosis of mental retardation shall be made on the basis27
of:28 HLS 10RS-1620 ORIGINAL
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(I) Significantly subnormal intellectual functioning, defined as an objective1
measure of cognitive status which fall at least two standard deviations below the2
mean of the national standardization sample based on valid results of a recognized3
individually administered test of intellectual function.4
(ii) Objective evidence of concurrent impairment of adaptive functioning in5
at least two areas of functional behavior as measured by standardized, norm6
reference measures of adaptive function.7
(iii) Evidence of an onset before the age of eighteen years.8
(b) It shall not be necessary for the employer to know the employee's actual9
intelligence quotient or actual relative ranking in relation to the intelligence quotient10
of the general population.11
(c) Diagnosis of mental retardation shall be made by a psychiatrist , or12
psychologist, or other persons properly licensed and certified to make such a13
diagnosis.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Edwards HB No. 1223
Abstract: Provides for changes in the workers' compensation second injury fund.
Present law provides that a merger of preexisting permanent partial disability may only be
merged when compensation is paid. Also provides, meetings of the board are to be held at
least once every three months.
Proposed law provides for the encouragement of employment, re-employment and retention
of employees who have a permanent, partial disability.
Proposed law also provides a merger of a preexisting permanent partial disability may only
be merged when additional medical and indemnity benefits for that greater disability have
been paid.
Proposed law provides for definitions of knowledge, merger and PPD employee registry.
Proposed law provides Louisiana Workers' Compensation Second Injury Fund board
meetings shall be held monthly and in no event shall ever be held less than once every three
months.
Proposed law provides any interest income generated by the fund shall accrue to the fund. HLS 10RS-1620 ORIGINAL
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Proposed law provides for the addition and change of conditions defined as permanent
partial disability considered to be permanent partial disabilities. and there shall be a
rebuttable presumption that the employer considered the condition to be permanent and to
be or likely to be a hindrance or obstacle to employment where the condition is one of the
following:
(1) Seizure Disorder.
(2) Diabetes Mellitus.
(3) Coronary Artery Disease or Congestive Heart Failure.
(4) Arthritis.
(5) Amputated foot, leg, arm, or hand; or total or partial of at least 50% loss
of use thereof.
(6) Loss of sight of one or both eyes legally blind.
(7) Residual disability from poliomyelitis.
(8) Cerebral palsy.
(9) Multiple sclerosis.
(10) Parkinson's disease.
(11) Cerebral vascular accident.
(12) Tuberculosis.
(13) Pneumoconiosis.
(14) Psychoneurotic disability following treatment in a recognized medical
or mental institution.
(15) Bleeding Disorder.
(16) Chronic osteomyelitis.
(17) Ankylosis of joints.
(18) Muscular dystrophy.
(19) Arteriosclerosis.
(20) Thrombophlebitis.
(21) Varicose veins.
(22) Heavy metal poisoning.
(23) Ionizing radiation injury.
(24) Compressed air sequelae.
(25) Ruptured or herniated intervertebral disc.
(26) Brain damage.
(27) A spinal fusion, partial or total discectomy or microdiscectomy.
(28) Chronic Obstructive Pulmonary Disease (COPD )
(29) Post Traumatic Stress Disorder Syndrome (PTSD)
(30) Post Concussive Syndrome
(31) Alzheimer's Disease
(32) Sickle-Cell Anemia
(33) Joint Replacement Surgery
(34) Mental retardation
(Amends R.S. 23:1371(A), (B), (C)(intro. para.) and (2), 1373(A), 1377(A) and (C)(3), and
1378(A)(intro. para.) and (F); Adds R.S. 23:1371.1(5)-(8))