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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 ENROLLED
SENATE BILL NO. 520
BY SENATOR BROOME
AN ACT1
To amend and reenact R.S. 23:1231(B)(2) and 1253 and to enact R.S. 23:1251(3), relative2
to workers' compensation benefits; to provide for death benefit awards to dependent3
children; to provide for payment to adopted or natural children of deceased4
employee; to 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) and 1253 are hereby amended and reenacted and R.S.7
23:1251(3) is hereby enacted 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
state or federal compensation system, the sum of seventy-five thousand dollars18
shall be paid to each surviving parent of the deceased employee, in a lump sum,19
which shall constitute the sole and exclusive compensation in such cases.20
* * *21
§1251. Persons conclusively presumed dependents22
The following persons shall be conclusively presumed to be wholly and23
actually dependent upon the deceased employee:24
* * *25
(3) A child under the age of eighteen years, or over eighteen years of age,26
if physically or mentally incapacitated from earning, with a valid child support27 SB NO. 520 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
order from a court of competent jurisdiction against the deceased parent,1
regardless of whether child support is actually being paid, or until the age of2
twenty-three if enrolled as a full-time student in any accredited educational3
institution.4
* * *5
§1253. Membership in family or relationship6
If there is no one wholly dependent and more than one person partially7
dependent, so much of the death benefit as each is entitled to shall be divided among8
them according to the relative extent of their dependency. No person shall be9
considered a dependent, unless he is a member of the family of the deceased10
employee, or bearing to him the relation of husband or widow, or lineal descendant11
or ascendant, or brother or sister, or child. Regardless of dependency, no12
payments shall be made to the concubine of the deceased employee nor the13
concubine's children, unless those children are related to the deceased employee14
by blood or adoption.15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: