SLS 10RS-229 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 17
BY SENATOR MURRAY
WORKERS' COMPENSATION. Provides relative to determinations of average weekly
wage of professional athletes. (8/15/10)
AN ACT1
To amend and reenact R.S. 23:1021(12)(c), relative to definition of wages for purposes of2
workers' compensation benefits; to provide for computation of average weekly wage3
for professional athletes entitled to workers' compensation; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1021(12)(c) is hereby amended and reenacted to read as follows:7
(12) "Wages" means average weekly wage at the time of the accident. The8
average weekly wage shall be determined as follows:9
* * *10
(c) Annual wages. 11
(i) If the employee is employed at an annual salary, his annual salary divided12
by fifty-two.13
(ii) If the employee is a professional athlete who signs a contract of hire14
on an annual basis, average weekly wage shall be determined by the annual15
contract agreement in force at the time of the injury, dividing that annual salary16
by fifty-two. This shall be the computation without regard as to when the17 SB NO. 17
SLS 10RS-229 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
professional athlete was injured, whether during the season or during off-season1
training sessions or whether the athlete was a member of the active, reserve,2
injured reserve, or practice squad roster at the time of his work-related injury.3
* * *4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law provides for the use of actual current earnings in the computation of average
weekly wage rather than the annual contractual earnings for all workers, including
professional athletes under contract.
Proposed law would provide an exception to this general rule in the case of professional
athletes who have signed a contract for hire. Proposed law would require, in the case of
these athletes, that the annual contractual salary stipulated in the current contract agreement
be divided by 52 to determine average weekly wage.
Proposed law would provide that the use of the annual contractual salary divided by 52 shall
be paid whether the work-related injury occurred during the season or in the off-season.
Proposed law would provide that the use of the annual contractual salary divided by 52 shall
be employed whether the athlete was on the active, reserve, injured reserve, or practice
squad roster at the time of the work-related injury.
Effective August 15, 2010.
(Amends R.S. 23:1021(12)(c))