La. R.S. » RS
Louisiana Revised Statutes & Codes

La. Rev. Stat. § 23:1035.2 (2026)

Claims covered by certain federal laws

✓ current as of May 2026
Find cases: SyfertCases citing this section LA-LEGlegis.la.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§1035.2.  Claims covered by certain federal laws

No compensation shall be payable in respect to the disability or death of any employee covered by the Federal Employer's Liability Act, the Longshoremen's and Harbor Worker's Compensation Act, or any of its extensions, or the Jones Act.

Acts 1989, No. 454, §2, eff. Jan. 1, 1990.

Notes of Decisions
Cited in 30 cases (3 in the last 5 years), 1991–2022 · leading case: Fulmer v. State, Dep't of Wildlife & Fisheries, 68 So. 3d 499 (La. 2011).
Sort: Relevance Newest Treatment
Fulmer v. State, Dep't of Wildlife & Fisheries, 68 So. 3d 499 (La. 2011). · cites it 16× “R.S. 23:1035.2 2 excludes from workers’ compensation employees who have federal claims under the Jones Act.”
Abadie v. Metro. Life Ins. Co., 784 So. 2d 46 (La. Ct. App. 2001). · cites it 6× “Avondale Interests argues that the plaintiffs' exclusive remedy is under the LHWCA because of the preemptive language of LSA-R.S. 23:1035.2 of the Louisiana *67 Workers' Compensation Act.”
Fulmer v. State, Dep't of Wildlife & Fisheries, 50 So. 3d 843 (La. Ct. App. 2010). · cites it 16× “R.S. 23:1035.2 for the proposition that the employee did not have remedies under the Workers' Compensation Act available to him.”
Austin v. Abney Mills, Inc., 824 So. 2d 1137 (La. 2002). “R.S. 23:1035.2, which removes the jurisdiction of Louisiana for cases covered by the Longshoreman's and Harbor Worker's Compensation Act, or the pre-act law, which allowed workers the choice of federal or state compensation.”
Flowers v. Coastal Cargo Co., 815 So. 2d 198 (La. Ct. App. 2002). · cites it 5× “R.S. 23:1035.2, when he has a remedy under the Longshore and Harbor Worker’s Compensation Act; and if so, whether that preclusion is unconstitutional on its face or in its application to Mr.”
Moss v. Dixie MacH., Welding & Metal Works, Inc., 617 So. 2d 959 (La. Ct. App. 1993). · cites it 4× “In response to the plaintiff's petition, Dixie filed an exception of lack of subject matter jurisdiction alleging that the plaintiff's claims were covered by the Longshoreman's and Harbor Workers' Compensation Act (LHWCA) and that the claims were thus preempted by virtue of R.S.…”
Efferson v. Kaiser Aluminum & Chem. Corp., 816 F. Supp. 1103 (E.D. La. 1993). · cites it 4× “La.Rev.Stat.Ann. § 23:1035.2 12 (“No compensation shall be payable in respect to the disability or death of any person covered by .”
Bourgeois v. Green Indus., 841 So. 2d 902 (La. Ct. App. 2003). · cites it 2× “R.S. 23:1035.2 to the worker's compensation statutes.”
Kuebel v. Dep't of Wildlife & Fisheries, 14 So. 3d 20 (La. Ct. App. 2009). “R.S. 23:1035.2. Louisiana does not have a torts claims act.”
La. Cotton Ass'n Wkrs'comp. Grp. Self-Ins. Fund v. Tri-Par. Gin Co., Inc., 624 So. 2d 461 (La. Ct. App. 1993). “benefits which may be owed to LaPrairie and Mose are provided by the Longshore and Harbor Workers' Compensation Act and not the Louisiana Workers' Compensation Law, pursuant to LSA-R.S. 23:1035.2. The parties then took the following procedural actions: November 4,…”
Smith v. Gretna MacH. & Iron Works, 646 So. 2d 1096 (La. Ct. App. 1994). · cites it 7× “R.S. 23:1035.2, plaintiff's sole remedy is the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.”
Dempster v. Avondale Shipyards, Inc., 643 So. 2d 1316 (La. Ct. App. 1994). · cites it 6× “On appeal, appellant's primary issue is whether the hearing officer erred in determining that, since he is covered by the LHWCA, the claim for workers compensation is foreclosed under La.”
Show all 30 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.