SLS 10RS-970 ORIGINAL
Page 1 of 2
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. 496
BY SENATOR MARTINY
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
ยง1021. Terms defined8
As used in this Chapter, unless the context clearly indicates otherwise, the9
following terms shall be given the meanings ascribed to them in this Section:10
* * *11
(12) "Wages" means average weekly wage at the time of the accident. The12
average weekly wage shall be determined as follows:13
* * *14
(c) Annual wages. 15
(i) If the employee is employed at an annual salary, his annual salary divided16
by fifty-two.17 SB NO. 496
SLS 10RS-970 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(ii) If the employee is a professional athlete who signs a contract for hire1
and is on the official club roster, and the professional athlete is injured during2
the regular season, the professional athlete's average weekly wage shall be3
determined by the professional athlete's contract in force at the time of the4
injury. If the employee is a professional athlete who signs a contract for hire5
and is not on the official club roster during the regular season, and is injured6
during the off-season or the pre-season, the professional athlete's average7
weekly wage shall be calculated based on the actual off-season or pre-season8
wages earned at the time of injury.9
* * *10
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 contractual earnings.
Proposed law provides a delineated calculation for annual wages, in the case of professional
athletes, based on the timing of the actual injury and not based on a contingent contractual
salary.
Effective August 15, 2010.
(Amends R.S. 23:1021(12)(c))