Louisiana 2024 2024 Regular Session

Louisiana House Bill HB556 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 556 Engrossed	2024 Regular Session	Glorioso
Abstract:  Provides relative to injuries producing the permanent total disability of an employee and
provides for the determination and calculation of the average weekly wage owed to injured
employees. 
Present law provides that present law shall be cited as the "Louisiana Workers' Compensation Law"
and provides the intent of the legislature.  
Proposed law retains present law.
Proposed law adds that it is the intent of the legislature to counteract inflation by providing a cost-of-
living adjustment for permanent total disability benefits to all injured workers, who suffer an injury
or disease arising out of and in the course and scope of their employment.
Proposed law provides the formula for determining an injured worker's average weekly wage.
Proposed law provides that an injured worker shall be entitled to an adjustment in the weekly
compensation rate at one-year intervals beginning Sept. 1
st
 of each year with the initial review
occurring on or after the third anniversary of the injury.
Proposed law requires every insurance carrier or self-insured employer to report each compensable
injury case to the secretary of the La. Workforce Commission, if permanent total disability payments
continue or are expected to continue for six months from the date of injury.
Proposed law provides that adjustments in weekly benefit rates shall apply only to those injuries that
result in permanent total disability for the injured employee.  Proposed law further provides that the
adjustments shall not be retroactive from the anniversary date, unless an employee entitled to the
adjustment did not receive the amount due because of a mistake, misfortune, or lack of knowledge.
(Adds R.S. 23:1020.1(B)(4) and 1221(2)(f)-(i))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Labor and Industrial Relations
to the original bill:
1. Remove the definition of consumer price index and cost-of-living adjustment from the bill.
2. Change the calculated percentage of the injured employee's average weekly wage at the
time of injury from not exceeding 66 2/3% to not exceeding 100%.
3. Revise provisions of proposed law regarding the calculation of the percentage of an
injured employee's average weekly wage.
4. Revise provisions of proposed law regarding the calculation of the adjusted average
weekly wage of an injured employee.
5. Change the month from August to September for when an injured employee receives an
adjustment in their weekly compensation rate.
6. Clarify that the adjustment in weekly benefits is only for injuries that result in permanent
total disability.
7. Make technical changes.