SLS 12RS-814 ENGROSSED
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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, 2012
SENATE BILL NO. 430
BY SENATOR MURRAY
WORKERS' COMPENSATION. Extends developmental injury prescription exception from
two years to up to three years from date of accident. (8/1/12)
AN ACT1
To amend and reenact R.S. 23:1209(A)(3), and to enact R.S. 23:1209(A)(4), relative to2
workers' compensation; provides for the prescriptive period of developmental3
injury; to provide for payout of temporary total disability benefits under certain4
circumstances; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1209(A)(3) is hereby amended and reenacted and R.S.7
23:1209(A)(4) is hereby enacted to read as follows: 8
ยง1209. Prescription; timeliness of filing; dismissal for want of prosecution9
A. * * *10
(3) When the injury does not result at the time of or develop immediately11
after the accident, the limitation shall not take effect until expiration of one year from12
the time the injury develops, but in all such cases the claim for payment shall be13
forever barred unless the proceedings have been begun within two three years from14
the date of the accident.15
(4) However, in all such cases described in Paragraph (3) above, where16
the proceedings have begun after two years from the date of the work accident17 SB NO. 430
SLS 12RS-814 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
but within three years from the date of the work accident, the employee may be1
entitled to temporary total disability benefits for a period not to exceed six2
months and the payment of such temporary total disability benefits in3
accordance with this Paragraph only shall not operate to toll or interrupt4
prescription as to any other benefit as provided in R.S. 23:1221.5
* * *6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Murray (SB 430)
Present law provides that when an injury does not result at the time of or immediately after
the accident, the prescriptive period is one year from the time the injury develops.
Present law provides that in such cases claim for payment is forever barred unless
proceedings have been begun within two years from the date of the accident.
Proposed law extends the time limitation from two years to three years.
Proposed law provides that, in all such cases where the proceedings have begun after two
years from the date of the work accident but within three years from the date of the work
accident, the employee may be entitled to temporary total disability benefits for a period not
to exceed six months and the payment of such temporary total disability benefits shall not
operate to toll or interrupt prescription as to any other benefit.
Effective August 1, 2012.
(Amends R.S. 23:1209(A)(3); adds R.S. 23:1209(A)(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the original bill
1. Provides for temporary benefits for up to six months.