§1211. Special compensation benefits for injury or death of member of national guard
A. Except as provided by R.S. 22:941, every member of the national guard who is accidentally injured, or his dependents if he is accidentally killed, while on active duty during a state of emergency declared by the governor and for the duration of such emergency as declared by the governor, shall be compensated by the state in accordance with the workers' compensation law, including but not limited to such medical, surgical, and hospital services and medicines and such disability and death benefits as are authorized by the workers' compensation law.
B. Except as provided by R.S. 22:941, no compensation shall be paid unless the injury or death arose out of and in the course of service while on active duty during a state of emergency declared by the governor and only for the duration thereof and for no other kind of service whatsoever. Before any claim is certified for payment, proof that the applicant is entitled to payment shall be made in accordance with regulations prescribed by the adjutant general. The amount payable as compensation may be commuted to a lump-sum settlement by agreement of the parties. In computing the weekly benefit hereunder, either the weekly wages from the member's principal civilian employment or his weekly military wages, whichever is larger, will be used. Otherwise, the provisions of the workers' compensation law apply.
C. Except as provided in Subsection B of this Section and R.S. 22:941, the provisions of this Section and of no other law shall govern the compensation benefits payable to members of the national guard.
Added by Acts 1968, Ex.Sess., No. 51, §1. Acts 1983, 1st Ex. Sess., No. 1, §6; Acts 1985, No. 973, §1 eff. July 23, 1985; Acts 2007, No. 260, §2, eff. July 6, 2007; Acts 2008, No. 220, §8, eff. June 14, 2008.
Notes of Decisions
Cited in
14
cases, 1973–2012 · leading case:
McGee v. State, 502 So. 2d 121 (La. Ct. App. 1986).
McGee v. State, 502 So. 2d 121 (La. Ct. App. 1986).
· cites it 12× “R.S. 23:1211 [1] provided: A. Every member of the national guard who is accidentally injured, or his dependents if he is accidentally killed, while on active duty during a state of emergency declared by the governor and for the duration of such emergency as declared by the…”
Chapman v. Belden Corp., 414 So. 2d 1283 (La. Ct. App. 1982).
· cites it 6× “ISSUES The issues for consideration on appeal are: 1) whether the United States is an indispensable party in an action against the National Guard; 2) whether the trial judge erred in denying the Guard's motion for Summary Judgment which was based upon LSA-R.S. 23:1211; 3)…”
Lucas v. Military Dept., 498 So. 2d 161 (La. Ct. App. 1986).
· cites it 11× “IS A MEMBER OF THE LOUISIANA NATIONAL GUARD WHO IS INJURED IN THE LINE OF DUTY DURING FEDERALLY ORDERED ANNUAL TRAINING ENTITLED TO LOUISIANA WORKER'S COMPENSATION BENEFITS? The State's only assignment of error is that "[t]he Trial Court erred when it granted plaintiff Louisiana…”
Harrell v. Military Dept., 457 So. 2d 314 (La. Ct. App. 1984).
· cites it 4× “Defendant argues that LSA-R.S. 23:1211 only makes Louisiana worker's compensation laws applicable to guardsmen on active duty during a state of emergency declared by the governor.”
Whitaker v. Church's Fried Chicken, Inc., 387 So. 2d 1093 (La. 1980).
“R.S. 23:1211, I believe that substantial pain cases should be incorporated into the broader analysis of disability using the odd-lot doctrine.”
Willis v. State, 502 So. 2d 124 (La. Ct. App. 1987).
· cites it 16× “R.S. 23:1211, and that the trial court erred in making such an award.”
Parker v. State, 86 So. 3d 791 (La. Ct. App. 2012).
· cites it 12× “R.S. 23:1211 and thus granting summary judgment in favor of the defendant, the State of Louisiana.”
Joseph v. Martin Mills, Inc., 394 So. 2d 722 (La. Ct. App. 1981).
“In its reasons for judgment the trial court, after finding a compensable injury and disability, commented as follows: "The recovery in this case is governed by R.S. 23:1211 [sic], which was the last amendment to the compensation statute in 1975.”
Logan v. Rochester, 463 So. 2d 56 (La. Ct. App. 1985).
· cites it 4× “R.S. 23:1211 [1] , Logan may only recover worker's compensation benefits.”
Constant v. State, 272 So. 2d 675 (La. 1973).
“" (Italics ours.) [4] The enactment was repealed by Act 51 of Extraordinary Session of 1968, which substituted for it a general workmen's compensation remedy enacted as La.”
Ledford v. New Orleans Saints, 10 So. 3d 866 (La. Ct. App. 2009).
· cites it 2× “R.S. 23:1211(3), the statute that provides for supplemental earnings benefits, applies in this case.”
— La. Rev. Stat. § 23:1211(3) — 1 case
Ledford v. New Orleans Saints, 10 So. 3d 866 (La. Ct. App. 2009).
“R.S. 23:1211(3), the statute that provides for supplemental earnings benefits, applies in this case.”
— La. Rev. Stat. § 23:1211(B) — 2 cases
Parker v. State, 86 So. 3d 791 (La. Ct. App. 2012).
“R.S. 23:1211 and thus granting summary judgment in favor of the defendant, the State of Louisiana.”
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