Louisiana 2019 Regular Session

Louisiana Senate Bill SB114 Latest Draft

Bill / Introduced Version

                            SLS 19RS-338	ORIGINAL
2019 Regular Session
SENATE BILL NO. 114
BY SENATOR APPEL 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EVIDENCE.  Provides for admissibility of worker's compensation payments in a civil
proceeding for damages for the same injury. (8/1/19)
1	AN ACT
2 To amend and reenact Code of Evidence Art. 414, relative to worker's compensation
3 payments; to provide with respect to civil damages relative to the same injury for
4 which worker's compensation benefits are claimed or paid; to provide relative to the
5 admissibility of payment of worker's compensation benefits into evidence in any
6 civil proceeding with respect to a claim for damages; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  Code of Evidence Art. 414 is hereby amended and reenacted to read as
10 follows:
11 Art. 414.  Worker's compensation payments 
12	Evidence of the nature and extent of a worker's compensation claim or of
13 payment of past or future worker's compensation benefits shall not be admissible to
14 a jury, directly or indirectly, in any civil proceeding with respect to a claim for
15 damages relative to the same injury for which the worker's compensation benefits are
16 claimed or paid.  Such evidence shall be admissible and presented to the judge only
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 114
SLS 19RS-338	ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
SB 114 Original 2019 Regular Session	Appel
Present law in Code of Evidence provides that evidence of the nature and extent of a
worker's compensation claim or of payment of past or future worker's compensation benefits
shall not be admissible to a jury, directly or indirectly, in any civil proceeding with respect
to a claim for damages relative to the same injury for which the worker's compensation
benefits are claimed or paid.  Such evidence shall be admissible and presented to the judge
only.
Proposed law provides that evidence of the nature and extent of a worker's compensation
claim or of payment of past or future worker's compensation benefits shall be admissible to
a jury, directly or indirectly, in any civil proceeding with respect to a claim for damages
relative to the same injury for which the worker's compensation benefits are claimed or paid.
Proposed law deletes the provision of present law that such evidence shall be admissible and
presented to the judge only.
Effective August 1, 2019.
(Amends C.E. Art. 414)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.