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Regular Session, 2012
SENATE BILL NO. 295
BY SENATOR MURRAY
WORKERS' COMPENSATION. Provides for temporary total disability, permanent total
disability, and supplemental earnings benefits. (gov sig)
AN ACT1
To amend and reenact R.S. 23:1221(1)(a), (2)(a) and (c), and (3)(a) and (d), relative to2
workers' compensation; to provide for temporary total disability, permanent total3
disability, and supplemental earnings benefits; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1221(1)(a), (2)(a) and (c), and (3)(a) and (d) are hereby amended6
and reenacted to read as follows:7
§1221. Temporary total disability; permanent total disability; supplemental earnings8
benefits; permanent partial disability; schedule of payments9
Compensation shall be paid under this Chapter in accordance with the10
following schedule of payments:11
(1) Temporary total.12
(a) For any injury producing temporary total disability of an employee to13
engage in any self-employment or occupation for wages, whether or not the same or14
a similar occupation as that in which the employee was customarily engaged when15
injured, and whether or not an occupation for which the employee at the time of16
injury was particularly fitted by reason of education, training, or experience, sixty-17 SB NO. 295
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six and two-thirds seventy-five percent of wages during the period of such disability.1
* * *2
(2) Permanent total.3
(a) For any injury producing permanent total disability of an employee to4
engage in any self-employment or occupation for wages, whether or not the same or5
a similar occupation as that in which the employee was customarily engaged when6
injured, and whether or not an occupation for which the employee at the time of7
injury was particularly fitted by reason of education, training, and experience, sixty-8
six and two-thirds seventy-five percent of wages during the period of such disability.9
* * *10
(c)(i) For purposes of Subparagraph (2)(a) of this Paragraph, whenever the11
employee is not engaged in any employment or self-employment as described in12
Subparagraph (2)(b) of this Paragraph, compensation for permanent total disability13
shall be awarded only if the employee proves by clear and convincing evidence,14
unaided by any presumption of disability, that the employee is physically unable to15
engage in any employment or self-employment, regardless of the nature or character16
of the employment or self-employment , including, but not limited to, any and all17
odd-lot employment, sheltered employment, or employment while working in any18
pain, notwithstanding the location or availability of any such employment or self-19
employment.20
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, for21
purposes of Subparagraph (2)(a) of this Paragraph, proof that an employee has22
been found by the Social Security Administration to be entitled to and is23
receiving benefits pursuant to 42 U.S.C. §423 shall be prima facia evidence of24
total and permanent disability.25
* * *26
(3) Supplemental earnings benefits.27
(a) For injury resulting in the employee's inability to earn wages equal to28
ninety percent or more of wages at time of injury, supplemental earnings benefits29 SB NO. 295
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equal to sixty-six and two-thirds seventy-five percent of the difference between the1
average monthly wages at time of injury and average monthly wages earned or2
average monthly wages the employee is able to earn in any month thereafter in any3
employment or self-employment, whether or not the same or a similar occupation as4
that in which the employee was customarily engaged when injured and whether or5
not an occupation for which the employee at the time of the injury was particularly6
fitted by reason of education, training, and experience, such comparison to be made7
on a monthly basis. Average monthly wages shall be computed by multiplying his8
"wages" by fifty-two and then dividing the quotient by twelve.9
* * *10
(d) The right to supplemental earnings benefits pursuant to this Paragraph11
shall in no event exceed a maximum of five hundred twenty six hundred fifty12
weeks, but shall terminate:13
(i) As of the end of any two-year period commencing after termination of14
temporary total disability, unless during such two-year period supplemental earnings15
benefits have been payable during at least thirteen consecutive weeks; or16
(ii) After receipt of a maximum of five hundred twenty six hundred fifty17
weeks of benefits, provided that for any week during which the employee is paid any18
compensation under this Paragraph, the employer shall be entitled to a reduction of19
one full week of compensation against the maximum number of weeks for which20
compensation is payable under this Paragraph; however, for any week during which21
the employee is paid no supplemental earnings benefits, the employer shall not be22
entitled to a reduction against the maximum number of weeks payable under this23
Paragraph; or24
(iii) When the employee retires; however, the period during which25
supplemental earnings benefits may be payable shall not be less than one hundred26
four weeks two hundred eight weeks.27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29 SB NO. 295
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law, relative to workers' compensation benefits, provides for the calculation of
temporary total disability to be at 66-2/3% of wages during the period of disability.
Proposed law changes the calculation to 75%.
Present law provides for permanent total disability to be calculated at 66-2/3% of wages
during the period of disability.
Proposed law changes the calculation to 75%.
Proposed law provides that proof an employee is receiving Social Security disability benefits
shall be prima facia evidence of total and permanent disability.
Present law provides for supplemental earnings benefits to be calculated 66-2/3% of the
difference between the average monthly wages at time of injury and average monthly wages
the employee is able to earn in any month thereafter.
Proposed law changes the calculation to 75%.
Present law restricts supplemental earnings to a maximum of 520 weeks. Proposed law
increases the number of weeks to 650.
Present law provides for the termination of supplemental earnings at the end of any two-year
period commencing after the end of temporary total disability, unless during the two-year
period supplemental earnings have been payable during at least 13 consecutive weeks.
Proposed law eliminates the 13 consecutive week requirement.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 23:1221(1)(a), (2)(a) and (c), and (3)(a) and (d))