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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. 520
BY SENATOR BROOME
WORKERS' COMPENSATION. To provide for death benefit awards to dependent children
of deceased employee. (8/1/12)
AN ACT1
To amend and reenact R.S. 23:1231(B)(2), 1251(2), and 1253, relative to workers'2
compensation benefits; to provide for death benefit awards to dependent children;3
to provide for payment to adopted or natural children of deceased employee; to4
restrict payments to certain persons; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1231(B)(2), 1251(2) and 1253 are hereby amended and reenacted7
to read as follows: 8
§1231. Death of employee; payment to dependents; surviving parents9
* * *10
B.(1) * * *11
(2) However, if the employee leaves no legal dependents entitled to benefits12
under any state or federal compensation system, one lump sum of seventy-five13
thousand dollars shall be paid to the surviving biological and adopted children14
of the employee to be divided equally among them, which shall constitute the15
sole and exclusive compensation in such cases. If the employee leaves no legal16
dependents and no biological or adopted children entitled to benefits under any17 SB NO. 520
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
state or federal compensation system, the sum of seventy-five thousand dollars1
shall be paid to each surviving parent of the deceased employee, in a lump sum,2
which shall constitute the sole and exclusive compensation in such cases.3
* * *4
§1251. Persons conclusively presumed dependents5
The following persons shall be conclusively presumed to be wholly and6
actually dependent upon the deceased employee:7
* * *8
(2) A child under the age of eighteen years (or over eighteen years of age, if9
physically or mentally incapacitated from earning) upon the parent with whom he is10
living at the time of the injury of the parent, or until the age of twenty-three if11
enrolled and attending as a full-time student in any accredited educational institution.12
A child under the age of eighteen years (over eighteen years of age, if physically13
or mentally incapacitated from earning) with a valid child support order from14
a court of competent jurisdiction against the deceased parent, regardless of15
whether child support is actually being paid, or until the age of twenty-three if16
enrolled as a full-time student in any accredited educational institution.17
* * *18
§1253. Membership in family or relationship19
If there is no one wholly dependent and more than one person partially20
dependent, so much of the death benefit as each is entitled to shall be divided among21
them according to the relative extent of their dependency. No person shall be22
considered a dependent, unless he is a member of the family of the deceased23
employee, or bearing to him the relation of husband or widow, or lineal descendant24
or ascendant, or brother or sister, or child. Regardless of dependency, no25
payments shall be made to the concubine of the deceased employee nor the26
concubine's children, unless those children are related to the deceased employee27
by blood or adoption.28 SB NO. 520
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Broome (SB 520)
Present law provides for the payment of death benefits under the Louisiana Workers'
Compensation Law. Provides that if the employee leaves no legal dependents entitled to
benefits under any state or federal compensation system, $75,000 shall be paid in a lump
sum to each surviving parent of the deceased employee, constituting the sole and exclusive
compensation.
Proposed law provides that the death benefit shall be paid to surviving biological and
adopted children of the employee, to be divided equally among them, constituting the sole
and exclusive compensation. Provides that if there are no surviving children, then the
$75,000 shall be paid to each surviving parent.
Present law provides for a child to be presumed wholly and actually dependent upon the
deceased employee if the child is under the age of 18, or over the age of 18 if physically or
mentally incapacitated from earning, and dependent on the parent with whom he is living
at the time of the injury of the parent, or until age 23 if enrolled and attending an accredited
educational institution on a full-time basis.
Proposed law retains present law and further provides that the child is a dependent if there
is a valid child support court order, regardless of whether the child support is actually being
paid.
Proposed law provides that regardless of dependency, no payment shall be made to the
concubine of the deceased employee nor the concubine's children, unless the children are
related to the deceased employee by blood or adoption.
Effective August 1, 2012
(Amends R.S. 23:1231(B)(2), 1251(2) and 1253)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the original bill.
1. Technical Amendments.