Louisiana 2010 Regular Session

Louisiana Senate Bill SB352 Latest Draft

Bill / Introduced Version

                            SLS 10RS-969	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. 352
BY SENATOR MARTINY 
WORKERS' COMPENSATION.  Provides for reciprocity with states who apply Louisiana
Workers' Compensation Law to a complaint filed in that state by a professional athlete
injured while employed by a Louisiana employer. (8/15/10)
AN ACT1
To enact R.S. 23:1035.3, relative to reciprocity; to provide for reciprocity with states who2
apply Louisiana Workers' Compensation Law to a complaint filed in that state by a3
professional athlete injured in Louisiana; to provide for a process to implement4
reciprocity; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 23:1035.3 is hereby enacted to read as follows:7
ยง1035.3. Workers' compensation reciprocity with respect to professional8
athletes9
A. If a professional athlete who has been hired or is regularly employed10
in Louisiana receives a work related injury by accident arising out of and in the11
course of such employment outside of Louisiana, he, or his dependents in the12
case of his death, shall be entitled to compensation according to the laws of13
Louisiana.14
B. The employer of a professional athlete who has been hired outside of15
Louisiana by an employer domiciled outside of this state shall be exempted from16
the provisions of this Chapter while such professional athlete is temporarily17 SB NO. 352
SLS 10RS-969	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
within Louisiana doing work for his employer, if such employer has furnished1
workers' compensation insurance coverage under the workers' compensation2
insurance or similar laws of a state other than Louisiana, so as to cover such3
professional athlete's employment while in this state; provided, that Subsection4
A of this Section is recognized in such other state and provided employers and5
professional athletes who are covered in this state are likewise exempted from6
the application of workers' compensation insurance of similar laws of such7
other state.  The benefits under this Title, R.S. 23:1 et seq., or similar laws of8
such state, or other remedies under such act or such laws, shall be the exclusive9
remedy against such employer for any injury, whether resulting in death or not,10
received by a professional athlete while working for such employer in11
Louisiana.12
C. A certificate from the duly authorized officer of the insurance13
commissioner or similar department of another state certifying that the14
employer of such other state is insured therein and has provided extraterritorial15
coverage insuring his professional athlete employees while working within this16
state shall be prima facie evidence that such employer carries such workers'17
compensation insurance.18
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 contains no provisions related to reciprocity in workers' compensation matters
involving professional athletes in Louisiana.
Proposed law provides reciprocity to states who apply Louisiana Workers' Compensation
Law when adjudicating a claim filed by a professional athlete injured while employed in
Louisiana.
Proposed law provides for the filing of a certificate evidencing workers' compensation
coverage for professional athletes working in Louisiana.
Effective August 15, 2010.
(Adds R.S. 23:1035.3)