Louisiana Revised Statutes 29:409 – Workers’ compensation benefits; supplementary earnings benefits; voluntary suspension
Terms Used In Louisiana Revised Statutes 29:409
- Compensation: means normal or regular base pay, but does not include overtime, per diem, differential pay, or any other allowance for other expense. See Louisiana Revised Statutes 29:403
- Employee: means any person employed by any private or public employer. See Louisiana Revised Statutes 29:403
- Service in the uniformed services: means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. See Louisiana Revised Statutes 29:403
- Uniformed services: means the armed forces of the United States as defined by 10 U. See Louisiana Revised Statutes 29:403
A. Any employee receiving supplemental earnings benefits pursuant to the provisions of La. Rev. Stat. 23:1221(3) who is called to service in the uniformed services, and is found to be medically deployable militarily, and is subsequently deployed, shall, at his option, be allowed to suspend any such benefit payments for which he would otherwise be eligible during his period of service in the uniformed services.
B. The director of the office of workers’ compensation of the Louisiana Workforce Commission shall, by rule, prescribe the method by which such employee may request the suspension of benefits.
C. During the period of such voluntary suspension, the provisions of La. Rev. Stat. 23:1221(3)(d)(i), if otherwise applicable, shall not apply to such individual.
D. The employee shall be restored to the same benefits he would have received had he not been called to service in the uniformed services, provided that he makes an application to resume such benefits after his release from service in the uniformed services or release from hospitalization incidental to his service in the uniformed services as provided for in La. Rev. Stat. 29:406.
Acts 1991, 1st E.S., No. 6, §1, eff. April 17, 1991; Acts 1992, No. 447, §4; Acts 1995, No. 716, §1, eff. June 21, 1995; Acts 2008, No. 743, §7, eff. July 1, 2008.