HLS 12RS-599 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 360
BY REPRESENTATIVE BROADWATER
WORKERS COMPENSATION: Provides for a reemployment and training fund for injured
employees
AN ACT1
To amend and reenact R.S. 23:1310.13 and to enact R.S. 23:1227, relative to workers'2
compensation; to establish a reemployment and retraining trust fund; to provide for3
the reemployment and retraining of injured employees; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1310.13 is hereby amended and reenacted and R.S. 23:1227 is7
hereby enacted to read as follows:8
§1227. Injured Employee Reemployment and Retraining Fund; purpose; programs;9
eligibility; administration10
A. Notwithstanding the provisions of R.S. 23:1291.1(E), there is hereby11
established a special account in the Office of Workers' Compensation Administrative12
Fund, to be known as the Injured Employee Reemployment and Retraining Account.13
Monies that are deposited into this account pursuant to the provisions of R.S.14
23:1310.13 shall be subject to appropriation by the legislature and shall be used15
exclusively to fund reeducation and retraining for injured employees who have a16
workers' compensation claim in Louisiana and who qualify pursuant to the17
provisions of R.S. 23:1226(E), and to fund grants to eligible employers to assist an18
injured employee to return to work sooner. The purpose of this program is to19
provide an opportunity for an injured employee to replace the skills that no longer20 HLS 12RS-599 ORIGINAL
HB NO. 360
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serve him as a result of his injury and to assist certain employers to provide modified1
employment that will enable the injured employe e to return to work before full2
recovery.3
B.(1) The director shall administer the account and shall promulgate rules4
and regulations in accordance with the Administrative Procedure Act for the5
administration of this Section, including the procedures for applying for funds,6
distribution of funds, monitoring of and auditing of training conducted with funds,7
reimbursement of costs, and any additional requirements the director deems8
appropriate and necessary to carry out the provisions of this Section.9
(2) The director shall submit an annual report to the Joint Legislative10
Committee on the Budget, the House of Representatives Committee on Labor and11
Industrial Relations, the Senate Committee on Labor and Industrial Relations, and12
the Louisiana Workforce Investment Council not less than sixty days before the13
legislature convenes for regular session. This report shall detail the number of14
applications received, number of applications approved, contract obligations, funds15
expended, employers and training entities participating, and the number of persons16
trained.17
(3) The director shall present fiscal reports to the legislative auditor as often18
as the legislative auditor deems appropriate.19
C. The Injured Employee Reemployment and Retraining Account monies20
shall only be used for the following types of training:21
(1) Reeducation or retraining in a demand occupation provided by the22
Louisiana Community and Technical College System, or a third-party provider in23
Louisiana, that is customized to the special needs and restrictions of the injured24
employee. This reeducation and retraining may include standardized courses,25
specialized curriculums, and instructional materials.26
(2) Retraining that shall, at a minimum, meet the Occupational Safety and27
Health Administration standards when applicable.28 HLS 12RS-599 ORIGINAL
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D.(1) A third-party training provider shall be selected by the director with1
input from the injured employee as to his interest in the type of training, the treating2
physician as to the physical restrictions of the injured employee, and the vocational3
rehabilitation counselor working with that employee as to the physical requirements4
of the job opportunities the training would make available to the injured employee.5
The training provider must have a demonstrated record of successful training with6
placement and satisfaction rates and must use current industry standards as the basis7
for programs utilized to train individuals when applicable.8
(2) All disbursements of funds for retraining shall be made to the training9
provider.10
E. To be eligible for a grant to help cover expenses arising from providing11
employment modifications to facilitate an injured employee's return to work, an12
employer must meet all of the following qualifications:13
(1) The employer must have been operating in Louisiana for not less than14
three years.15
(2) The employer must have current certification of workers' compensation16
insurance and be current on the payment of any premiums due and of its state17
unemployment taxes.18
(3) The employer must employ fewer than fifty employees statewide.19
(4) The employer must share half of the cost associated with the providing20
of modified employment.21
F.(1) No more than five percent of annual amounts deposited in the fund22
shall be used for the payment of expenses incurred for the administration of this23
account.24
(2) Funds awarded pursuant to this Section shall not be expended or be25
available for expenditure in any manner which would permit their substitution for,26
or a corresponding reduction in, any state or federal appropriation to any public27
postsecondary institution of higher education.28 HLS 12RS-599 ORIGINAL
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(3) At no time shall the outstanding contractual obligations of the account1
exceed the balance of the account. All remaining and unencumbered balances at the2
end of any fiscal year shall remain to the credit of the fund and shall be used solely3
for the purpose stated in this Section.4
* * *5
§1310.13. Expenses of director; penalties imposed by Act; payment into special6
state treasury fund7
All Notwithstanding any provisions to the contrary, all penalties imposed by8
the Worker's Compensation Act, except those specifically payable to claimants, or9
as otherwise specifically provided by law to be made payable to the Kids Chance10
Scholarship Fund, Louisiana Bar Foundation, as provided in R.S. 23:1208(D), shall11
be deposited into the Office of Worker's Compensation Administrative Fund and12
used in those amounts appropriated by the legislature as provided for in R.S.13
23:1291.1(E) Injured Employee Reemployment and Retraining Account as14
established under R.S. 23:1227 used in those amounts appropriated by the legislature15
as provided for in R.S. 23:1291.1(E) and shall be used exclusively for the purposes16
established therein.17
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)]
Broadwater HB No. 360
Abstract: Creates the Injured Employee Reemployment and Retraining fund to aid injured
employees in returning to work with alternate skills.
Proposed law creates the Injured Employee Reemployment and Retraining Account within
the Office of Workers' Compensation Administrative Fund.
Proposed law requires that the fund be used to retrain and reeducate injured employees who,
due to the injury, are unable to perform the same job for which the employee is qualified.
Proposed law further requires that the fund be used to aid certain employers to make
adjustments to bring the injured employee back to work in a different capacity.
Proposed law provides that reeducation or retraining can be provided by the La. Community
and Technical College System or a third party chosen by the director. HLS 12RS-599 ORIGINAL
HB NO. 360
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Proposed law provides that retraining shall meet the Occupational Safety and Health
Administration standards when applicable.
Proposed law provides that the director shall administer the account and promulgate rules
and regulations according to the APA.
Proposed law requires that the director submit an annual report to the Joint Legislative
Committee on the Budget, the House of Representatives and the Senate committees on labor
and industrial relations, and the La. Workforce Investment Council.
Proposed law further requires that the director submit fiscal reports to the legislative auditor.
Present law provides that all penalties imposed by the Workers' Compensation Act, except
those due to claimants, be deposited into the Office of Workers' Compensation
Administrative Fund and used as appropriated by the legislature.
Proposed law amends present law from depositing all penalties into the Office of Workers'
Compensation Administrative Fund with certain exceptions, to depositing the penalties into
the Injured Employee Reemployment and Retraining Account, except that money payable
to the Kids Chance Scholarship Fund, La. Bar Foundation, as provided by law.
(Amends R.S. 23:1310.13; Adds R.S. 23:1227)