SLS 14RS-532 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 226
BY SENATOR MURRAY
WORKERS' COMPENSATION. Constitutional amendment to provide for original
jurisdiction for district courts regarding workers' compensation matters. (2/3 - CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article V, Section 10(A) and (B) and Section 16(A) of the Constitution2
of Louisiana, relative to the jurisdiction of courts; to provide for appellant review of3
district court judgments of workers' compensation cases; to provide that district4
courts shall have original jurisdiction over workers' compensation matters; and to5
specify an election for submission of the proposition to electors and provide a ballot6
proposition.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state, for9
their approval or rejection in the manner provided by law, a proposal to amend Article V,10
Section 10(A) and (B) and Section 16(A) of the Constitution of Louisiana to read as follows:11
§10. Courts of Appeal; Jurisdiction12
Section 10.(A) Jurisdiction. Except as otherwise provided by this13
constitution, a court of appeal has appellate jurisdiction of (1) all civil matters,14
including direct review of administrative agency determinations in worker's15
compensation matters as heretofore or hereafter provided by law, (2) all matters16
appealed from family and juvenile courts, and (3) all criminal cases triable by a jury,17 SB NO. 226
SLS 14RS-532 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
except as provided in Section 5, Paragraph (D)(2) of this Article. It has supervisory1
jurisdiction over cases which arise within its circuit.2
(B) Scope of Review. Except as limited to questions of law by this3
constitution, or as provided by law in the review of administrative agency4
determinations, appellate jurisdiction of a court of appeal extends to law and facts.5
In the review of an administrative agency determination a district court judgment6
in a worker's compensation matter, a court of appeal may render judgment as7
provided by law, or, in the interest of justice, remand the matter to the administrative8
agency district court for further proceedings. In criminal cases its appellate9
jurisdiction extends only to questions of law.10
* * *11
§16. District Courts; Jurisdiction12
Section 16.(A) Original Jurisdiction. (1) Except as otherwise authorized by13
this constitution or except as heretofore or hereafter provided by law for14
administrative agency determinations in worker's compensation matters, a district15
court shall have original jurisdiction of all civil matters, including workers'16
compensation matters, and criminal matters. (2) It shall have exclusive original17
jurisdiction of felony cases and of cases involving title to immovable property,18
except as provided in (3) below; the right to office or other public position; civil or19
political right; probate and succession matters; except for administrative agency20
determination provided for in (1) above the state, a political corporation, or political21
subdivisions, or a succession, as a defendant; and the appointment of receivers or22
liquidators for corporations or partnerships. (3) The legislature may provide by law23
that a family court has jurisdiction of cases involving title to movable and24
immovable property when those cases relate to the partition of community property25
and the settlement of claims arising from matrimonial regimes when such action26
arises as a result of divorce or annulment of marriage.27
* * *28
Section 2. Be it further resolved that this proposed amendment shall be submitted29 SB NO. 226
SLS 14RS-532 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to the electors of the state of Louisiana at the statewide election to be held on November 4,1
2014.2
Section 3. Be it further resolved that on the official ballot to be used at said election3
there shall be printed a proposition, upon which the electors of the state shall be permitted4
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as5
follows:6
Do you support an amendment to provide that the trials of workers'7
compensation cases are to be heard and decided by the district courts, rather8
than administrative hearing officers, and that appellant courts hear the9
appeals of a workers' compensation judgments rendered by the district10
courts?11
(Amends Article V, Section 10(A) and (B) and Section 16(A))12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Murray (SB 226)
Present constitution provides that an administrative agency has original jurisdiction to hear
workers' compensation matters.
Proposed constitutional amendment provides that the district court has original jurisdiction
to hear workers' compensation cases.
Present constitution provides that appellant courts shall have jurisdiction to review an
administrative agency determination in a workers' compensation matter. Present constitution
provides that a court of appeal may render judgment as provided by law, or, in the interest
of justice, remand the matter to the administrative agency for further proceedings.
Proposed constitutional amendment provides that appellant court has jurisdiction to review
a trial court's judgment in a workers' compensation matter.
Proposed constitutional amendment provides that a court of appeal may render judgment,
as provided by law, or may remand the matter to the district court for further proceedings.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 4, 2014.
(Amends Art. V, Sec. 10(A) and (B) and Sec. 16(A))