2015 Regular Session ENROLLED
SENATE BILL NO. 107
BY SENATOR PEACOCK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 23:1378(A), relative to the
3 Workers' Compensation Second Injury Fund; to provide with respect to the
4 termination date of the reimbursement schedule; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. The introductory paragraph of R.S. 23:1378(A) is hereby amended and
7 reenacted to read as follows:
8 §1378. Determination of liability of fund
9 A. An employer operating under the provisions of this Chapter who
10 knowingly employs, re-employs, or retains in his employment an employee who has
11 a permanent partial disability, as defined in R.S. 23:1371.1, shall qualify for
12 reimbursement from the Second Injury Fund, if the employee incurs a subsequent
13 injury arising out of and in the course of his employment resulting in a greater
14 liability due to the merger of the subsequent injury with the preexisting permanent
15 partial disability. The employer or, if insured, his insurer shall pay all benefits
16 provided in this Chapter, but the employer or, if insured, his insurer thereafter shall
17 be reimbursed by the Second Injury Fund for all indemnity and medical benefit
18 payments as follows:
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words in boldface type and underscored are additions. SB NO. 107 ENROLLED
1 Date of Injury Reimbursement Schedule
2 Before July 1, 2004 & on/
3 after July 1, 2009, but before
4 July 1, 2010
INDEMNITY
•TTD/SEB/PTD After the first 104 weeks of payment
of benefits
•Death benefits after the first 175 weeks of payment of
benefits
MEDICAL
•50% of all reasonable and necessary medical expenses
actually paid which exceed $5,000.00, but no less than
$10,000.00
•100% of all reasonable and necessary medical
expenses actually paid which exceed $10,000.00
5 On/after July 1, 2004 & before
6 July 1, 2009
INDEMNITY
•After the first 130 weeks of payment of benefits
MEDICAL
•100% of all reasonable and necessary medical
expenses actually paid which exceed $25,000.00
•
7 On/after July 1, 2010 & before
8 July 1, 2015
INDEMNITY
•After the first 104 weeks of indemnity
MEDICAL
•100% of all reasonable and necessary medical
expenses actually paid which exceed $25,000.00,
including reasonable and necessary Vocational
Rehabilitation expenses, if such expenses are directly
related to services provided in the actual retention or
reemployment of employees
9 * * *
10 Section 2. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
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words in boldface type and underscored are additions. SB NO. 107 ENROLLED
1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2 vetoed by the governor and subsequently approved by the legislature, this Act shall become
3 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.