Types of Lost Wage Benefits

What Are the Types of Lost Wage (Indemnity) Benefits in Louisiana Workers Compensation?

Louisiana workers compensation includes a wage replacement system that compensates an injured worker for his or her wage losses during the period of disability.

Unfortunately, the injured worker will only receive a portion (usually 2/3) of his or her lost wages – not the full amount of lost wages- subject to a minimum cap and a maximum cap.

These lost wage benefits are typically paid on a weekly, bi-weekly, or monthly basis continuously during the period in which the employee is disabled and unable to earn full wages. 

In Louisiana workers compensation, there are four types of lost wage disability benefits:

• Temporary Total Disability (TTD) Benefits: TTD benefits are lost wage (indemnity) benefits for the injured employee who is unable to work at all. These benefits provide weekly income equal to two-thirds of the employee’s average weekly wage and continue until the employee is able to work again.
• Supplemental Earnings Benefits (SEB): SEBs are lost wage (indemnity) benefits for the injured employee who is able to return to some type of work, but unable to earn at least 90 percent of the income that the employee was earning prior to the accident. These benefits provide supplementary weekly income so that the employee receives a total income of two-thirds of the employee’s average weekly wage. These benefits continue for up to 520 weeks (or ten years), but this includes a credit for the weeks of indemnity benefits paid.
• Permanent Partial Disability (PPD) Benefits: PPD benefits are lost wage (indemnity) benefits are defined and limited to a specific number of weeks, based on the body part injured and the anatomical loss found by the doctor.
• Permanent Total Disability (PTD) Benefits: Lost wage (indemnity) benefits continue indefinitely for the injured employee. But the employee’s injury must be so severe that he or she can never work again.

Typically, an injured worker will receive a different type of benefit at different points during his or her workers compensation claim.

However, the injured employee can only receive one type of benefit at any given time.  

The type of indemnity benefits will determine:

1. How much money the employee will receive in benefits;
2. How the benefits are calculated; and
3. How long the employee can receive the benefits;

So it is extremely important for the employee to know what type of benefits the employee is receiving or should be receiving, and to make sure the employee is receiving the correct type of lost wage benefit.

Temporary Total Disability (TTD) Indemnity Benefits in Louisiana Workers Compensation

Temporary Total Disability (TTD) benefits are lost wage benefits for when the injured employee is unable to work at all, but someday will be able to return to some type of work.

Temporary Total Disability (TTD) benefits are one of – if not the – most common type of indemnity benefit in Louisiana workers compensation.

Under Temporary Total disability (TTD) benefits, the injured employee will receive two-thirds (66 2/3%) of the employee’s average weekly wage.

However, the amount is subject to a specific minimum and a specific maximum set under Louisiana law, depending on the year of the injury.

Temporary Total Disability (TTD) benefits will continue until the employee is able to work again in some capacity, or the employee reaches maximum medical improvement. Whether the employee can work again in any capacity, or has reached maximum medical improvement, are questions which will be determined by the employee’s doctor.

Supplemental Earning Benefits (SEBS) Indemnity Benefits in Louisiana Workers Compensation

Supplemental Earnings Benefits (SEBs) are lost wage benefits for when the injured employee is able to perform some work but is unable to perform enough work to earn at least 90 percent of the income that the employee was receiving before his or her accident.

Under Supplemental Earnings Benefits (SEBs), the injured employee will receive two-thirds (66 2/3%) of the difference in the Average Weekly Wage of what the employee was making before his or her accident and what the employee presently is earning or capable of earning.

However, the amount is subject to a specific minimum and a specific maximum set under Louisiana law, depending on the year of the injury.

So essentially, Supplemental Earnings Benefits (SEBs) help the injured employee by bringing up the employee’s level of wages if the employee is not earning as much as two-thirds (66 2/3%) of the employee’s prior wages due to the injury.

Duration of Supplemental Earnings Benefits in Louisiana Workers Compensation

Under Supplemental Earnings Benefits (SEBs), the injured worker can only be paid for a total of 520 weeks (or ten years) where the employee remains disabled because of a work injury.
So the employee can receive up to 520 weeks of Supplemental Earnings Benefits (SEBs).

But if in any given week the employee is able to earn 90% or more of his or her pre-injury wage, then no indemnity benefits will be paid at all for that week. But of course, the employer or carrier receives no credit for that week toward a maximum of 520 weeks.

And for any week in which indemnity benefits are payable (where the employee earns less than 90% of his or her pre-injury wage), the workers compensation insurance company receives credit toward the maximum 520-week period. 

Thus, the actual number of weeks that a claim might be in existence could extend well beyond 520 calendar weeks, though the actual number of weeks of payments should not exceed that figure.

Also, Supplemental Earnings Benefits (SEBs) will terminate:

1. At the end of any two-year period following the end of TTD, unless during that two-year period, SEB payments have been payable during at least thirteen consecutive weeks; or
2. When the employee retires, but subject to a minimum of 104 weeks of SEBs.

Otherwise, Supplemental Earnings Benefits (SEBs) continue until the wage loss ends or after 520 weeks, whichever comes first. 

But again, the total obligation to pay 520 weeks of Supplemental Earnings Benefits (SEBs) is subject to a credit for the number of weeks of Temporary Total Disability (TTD) benefits or other benefits paid.
Therefore, if an employee receives six years of Temporary Total Disability (TTD) benefits, and then switches over to supplemental earnings benefits (SEBs), then the employee would be limited to only 4 years of Supplemental Earnings Benefits (SEBs), not ten years.
This is a week-for-week credit off of those 520 weeks for any week in which the employee already received any amount of any other type of income benefits (but usually Temporary Total Disability (TTD) benefits).

Again, for example, if the employee received Temporary Total Disability (TTD) benefits for 100 weeks, but then was released to light-duty and becomes eligible to receive Supplemental Earnings Benefits (SEBs), then the maximum number of weeks which the employee could receive Supplemental Earnings Benefits would be 420 weeks – not 520 weeks.

Permanent Partial Disability (PPD) Indemnity Benefits in Louisiana Workers Compensation

Permanent Partial Disability (PPD) benefits are lost wage benefits for the injured employee who can perform some work but has suffered permanent or disfiguring injuries such as amputation (the loss of a limb or finger), significant scarring, hearing loss, blindness, internal injuries or other catastrophic injuries.

Permanent Partial Disability (PPD) benefits are paid as a lump sum payment, according to an amount set under Louisiana law.

Typically, PPD benefits are paid after the employee returns to work.

In the following cases, workers compensation benefits shall be solely for anatomical loss of use or amputation and shall be paid to the injured worker as follows:

1. For the loss of a thumb, 66.67% of wages during 50 weeks.
2. For the loss of a first finger, commonly called the index finger, 66.67% of wages during 30 weeks.
3. For the loss of any other finger, or a big toe, 66.67%of wages during 20 weeks.
4. For the loss of any toe, other than a big toe, 66.67% of wages during 10 weeks.
5. For the loss of a hand, 66.67% of wages during 150 weeks.
6. For the loss of an arm, 66.67% of wages during 200 weeks.
7. For the loss of a foot, 66.67% of wages during 125 weeks.
8. For the loss of a leg, 66.67% of wages during 175 weeks.
9. For the loss of an eye, 66.67% of wages during 100 weeks.
10. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or one hand and one foot, or any of two thereof, or paraplegia, or quadriplegia shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability.
11. The loss of the first phalanx of the thumb or big toe, or two phalanges of any finger or toe, shall be considered to be equal to the loss of one-half of such member, and the compensation shall be one-half of the amount above specified.
12. The loss of more than one phalanx of a thumb, or more than two phalanges of any finger or toe shall be considered as the loss of the entire member; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand, or the amount received for the loss of more than one toe exceed the amount provided in this schedule for the loss of a foot.
13. Amputation between the elbow and the wrist shall be considered as equivalent to the loss of a hand and amputation between the knee and the ankle shall be equivalent to the loss of a foot.
14. A permanent total anatomical loss of the use of a member is equivalent to the amputation of the member.

In all these situations listed above (which involve a permanent partial anatomical loss of use or amputation), the injured worker will receive compensation based on the percentage of impairment to the body part.

So if the injured worker has a 50% impairment rating, then the worker will receive 50% of the allowed weekly benefits listed above.

However, the employer or the workers compensation insurance company may be entitled to a credit for other disability benefits paid against any amount of Permanent Partial Disability.

Last, the injured will not receive any benefits for Permanent Partial Disability unless the anatomical loss of use, or amputation, or loss of physical function is greater than twenty-five percent as established in the American Medical Association “Guides to the Evaluation of Permanent Impairment.”

Scarring and Disfigurement Benefits in Louisiana Workers Compensation

Also, the workers compensation judge may award money for permanent scarring and disfigurement, according to the following rules:

1. Compensation not to exceed 66.67% of wages for a period not to exceed 100 weeks may be awarded;
2. When the disability is susceptible to percentage determination, compensation shall be established in the proportions detailed above; and 
3. When the disability is not susceptible to percentage determination, compensation, as is reasonable, shall be established in proportion to the compensation provided in the cases of a specific disability.

And basically, workers compensation judges are allowed great discretion in determining the reasonableness of an award for serious and permanent scarring or disfigurement.

Permanent Total Disability (PTD) Indemnity Benefits in Louisiana Workers Compensation

Permanent Total Disability (PTD) benefits are lost wage benefits for the injured employee whose injury is so severe that he or she will never be able to work again.

PTD benefits will pay weekly income benefits indefinitely for life or until the injured worker can return to employment.

Under Permanent Total Disability (PTD) benefits, the injured employee will receive two-thirds (66 2/3%) of the employee’s average weekly wage.

However, the amount is subject to a specific minimum and a specific maximum set under Louisiana law, depending on the year of the injury.

The Typical Progression of Lost Wage (Indemnity) Benefits in Louisiana Workers Compensation

At the onset of a workers compensation claim, the most common type of indemnity benefits paid is temporary total disability indemnity benefits. These benefits are paid only while the worker remains totally disabled from his or her pre-injury job because of his or her work injury or illness.
Eventually, the typical injured worker at some point either recovers from a job injury or reaches a point of “maximum medical improvement” (which is when the employee gets as recovered or healthy as he or she is going to get). 
Then, when the injured worker’s injuries or illnesses permit, the treating physician will release the employee to work.
This release and return to employment will be either with restrictions or without restrictions: 

• If the injured worker is released by the treating physician to return to work without any physical work restrictions, then the employee’s weekly lost wage (indemnity) benefits will end. 
• But if the injured worker is released by the treating physician to return to work with physical work restrictions, and can prove a wage loss because of those restrictions, then the employee is entitled to Supplemental Earnings Benefits (SEBs). 

To receive Supplemental Earnings Benefits (SEBs), then the injured employee who cannot return to work and earn at least ninety percent of his pre-injury wage, will receive due 2/3 of the difference of what the employee was previously earning.

Again, the name of the benefit – Supplemental Earnings Benefits – explains the purpose of these SEB benefits, which is to supplement an injured employee’s income.

The employee has the burden of proving that, as a result of a work-related injury, he or she is unable to earn 90% of his or her pre-accident wages.  

But once the worker proves a wage loss, then the employer and its insurer have the burden of proving the employee’s post-accident wage-earning capacity.

The Louisiana Statute for Lost Wage (Indemnity) Disability Benefits in Louisiana Workers Compensation

The Louisiana lost wage statute is La. R.S. 23:1221. The statute reads as follows:

§1221. Temporary total disability; permanent total disability; supplemental earnings benefits; permanent partial disability; schedule of payments

Compensation shall be paid under this Chapter in accordance with the following schedule of payments:

(1) Temporary total.

(a) For any injury producing temporary total disability of an employee to engage in any self-employment or occupation for wages, whether or not the same or a similar occupation as that in which the employee was customarily engaged when injured, and whether or not an occupation for which the employee at the time of injury was particularly fitted by reason of education, training, or experience, sixty-six and two-thirds percent of wages during the period of such disability.

(b) For purposes of Subparagraph (1)(a) of this Paragraph, compensation for temporary disability shall not be awarded if the employee is engaged in any employment or self-employment regardless of the nature or character of the employment or self-employment including but not limited to any and all odd-lot employment, sheltered employment, or employment while working in any pain.

(c) For purposes of Subparagraph (1)(a) of this Paragraph, whenever the employee is not engaged in any employment or self-employment as described in Subparagraph (1)(b) of this Paragraph, compensation for temporary total disability shall be awarded only if the employee proves by clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or self-employment, regardless of the nature or character of the employment or self-employment, including but not limited to any and all odd-lot employment, sheltered employment, or employment while working in any pain, notwithstanding the location or availability of any such employment or self-employment.

(d) An award of benefits based on temporary total disability shall cease when the physical condition of the employee has resolved itself to the point that a reasonably reliable determination of the extent of disability of the employee may be made and the employee’s physical condition has improved to the point that continued, regular treatment by a physician is not required.

(2) Permanent total.

(a) For any injury producing permanent total disability of an employee to engage in any self-employment or occupation for wages, whether or not the same or a similar occupation as that in which the employee was customarily engaged when injured, and whether or not an occupation for which the employee at the time of injury was particularly fitted by reason of education, training, and experience, sixty-six and two-thirds percent of wages during the period of such disability.

(b) For purposes of Subparagraph (2)(a) of this Paragraph, compensation for permanent total disability shall not be awarded if the employee is engaged in any employment or self-employment regardless of the nature or character of the employment or self-employment including but not limited to any and all odd-lot employment, sheltered employment, or employment while working in any pain.

(c) For purposes of Subparagraph (2)(a) of this Paragraph, whenever the employee is not engaged in any employment or self-employment as described in Subparagraph (2)(b) of this Paragraph, compensation for permanent total disability shall be awarded only if the employee proves by clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or self-employment, regardless of the nature or character of the employment or self-employment, including, but not limited to, any and all odd-lot employment, sheltered employment, or employment while working in any pain, notwithstanding the location or availability of any such employment or self-employment.

(d) Notwithstanding any judgment or determination that an employee is permanently and totally disabled, if such employee subsequently has or receives any earnings, including, but not limited to, earnings from odd-lot employment, sheltered employment, or employment while working in any pain, such employee shall not receive benefits pursuant to this Paragraph but may receive benefits computed pursuant to Paragraph (3) of this Section, if applicable.

(e) The issue of permanent total disability provided herein shall not be adjudicated or determined while the employee is engaged in employment pursuant to R.S. 23:1226(G), but such employment shall not prevent adjudication or determination of the employee’s right to any other benefits otherwise provided in this Chapter; however, the employee shall not by virtue of employment pursuant to R.S. 23:1226(G) be deprived of the right to determination or adjudication of permanent total disability herein at a time when he is not engaged in such employment.

(3) Supplemental earnings benefits.

(a)(i) For injury resulting in the employee’s inability to earn wages equal to ninety percent or more of wages at time of injury, supplemental earnings benefits, payable monthly, equal to sixty-six and two-thirds percent of the difference between the average monthly wages at time of injury and average monthly wages earned or average monthly wages the employee is able to earn in any month thereafter in any employment or self-employment, whether or not the same or a similar occupation as that in which the employee was customarily engaged when injured and whether or not an occupation for which the employee at the time of the injury was particularly fitted by reason of education, training, and experience, such comparison to be made on a monthly basis. Average monthly wages shall be computed by multiplying his wages by fifty-two and then dividing the product by twelve.

(ii) When the employee is entitled to monthly supplemental earnings benefits pursuant to this Subsection, but is not receiving any income from employment or self-employment and the employer has not established earning capacity pursuant to R.S. 23:1226, payments of supplemental earning benefits shall be made in the manner provided for in R.S. 23:1201(A)(1).

(b) For purposes of Subparagraph (3)(a), of this Paragraph, the amount determined to be the wages the employee is able to earn in any month shall in no case be less than the sums actually received by the employee, including, but not limited to, earnings from odd-lot employment, sheltered employment, and employment while working in any pain.

(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph, for purposes of Subparagraph (a) of this Paragraph, if the employee is not engaged in any employment or self-employment, as described in Subparagraph (b) of this Paragraph, or is earning wages less than the employee is able to earn, the amount determined to be the wages the employee is able to earn in any month shall in no case be less than the sum the employee would have earned in any employment or self-employment, as described in Subparagraph (b) of this Paragraph, which he was physically able to perform, and (1) which he was offered or tendered by the employer or any other employer, or (2) which is proven available to the employee in the employee’s or employer’s community or reasonable geographic region.

(ii) For purposes of Subsubparagraph (i) of this Subparagraph, if the employee establishes by clear and convincing evidence, unaided by any presumption of disability, that solely as a consequence of substantial pain, the employee cannot perform employment offered, tendered, or otherwise proven to be available to him, the employee shall be deemed incapable of performing such employment.

(d) The right to supplemental earnings benefits pursuant to this Paragraph shall in no event exceed a maximum of five hundred twenty weeks, but shall terminate:

(i) As of the end of any two-year period commencing after termination of temporary total disability, unless during such two-year period supplemental earnings benefits have been payable during at least thirteen consecutive weeks; or

(ii) After receipt of a maximum of five hundred twenty weeks of benefits, provided that for any week during which the employee is paid any compensation under this Paragraph, the employer shall be entitled to a reduction of one full week of compensation against the maximum number of weeks for which compensation is payable under this Paragraph; however, for any week during which the employee is paid no supplemental earnings benefits, the employer shall not be entitled to a reduction against the maximum number of weeks payable under this Paragraph; or

(iii) When the employee retires; however, the period during which supplemental earnings benefits may be payable shall not be less than one hundred four weeks.

(e)(i) The fact that an employee has suffered previous disability, impairment, or disease, or received compensation therefor, shall not preclude him from receiving benefits for a subsequent injury or preclude benefits for death resulting therefrom.

(ii) If an employee receiving supplemental earnings benefits suffers a subsequent injury causing the payment of temporary total disability, permanent total disability, or supplemental earnings benefits, the combined benefits payable shall not exceed the maximum compensation rate in effect for temporary total disability at the time of the subsequent injury. Any reduction in benefits due to such limit shall be applied first to the supplemental earnings benefits payable as a result of the prior injury.

(f) Any compensable supplemental earnings benefits loss shall be reported by the employee to the insurer or self-insured employer within thirty days after the termination of the week for which such loss is claimed. The assistant secretary shall provide by rule for the reporting of supplemental earnings benefits loss by the injured worker and for the reporting of supplemental earnings benefits and payment of supplemental earnings benefits by the employer or insurer to the office and may prescribe forms for such reporting. The office, upon request by the employer or insurer, shall provide verification through unemployment compensation records under the Louisiana Employment Security Law of any claimed supplemental earnings benefits loss and shall obtain such verification from other states, if applicable.

(g) When an injured employee has been released to return to work with or without restrictions, and the employer maintains an established written and promulgated substance abuse policy which requires employer-administered drug testing prior to employment or return to work, upon the employee’s failure to meet the requirements of such employer’s established policy and inability to qualify for the position for that reason, the obligation for all benefits pursuant to this Chapter, with the sole exception of the obligation to provide reasonable and necessary medical treatment, shall be terminated and the employee shall be subject to the terms and conditions established in the employer’s promulgated drug testing policy and program. The provisions of this Subparagraph shall not apply to prescription medication prescribed for the employee in the dosages so prescribed by a physician.

(4) Permanent partial disability. In the following cases, compensation shall be solely for anatomical loss of use or amputation and shall be as follows:

(a) For the loss of a thumb, sixty-six and two-thirds percent of wages during fifty weeks.

(b) For the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of wages during thirty weeks.

(c) For the loss of any other finger, or a big toe, sixty-six and two-thirds percent of wages during twenty weeks.

(d) For the loss of any toe, other than a big toe, sixty-six and two-thirds percent of wages during ten weeks.

(e) For the loss of a hand, sixty-six and two-thirds percent of wages during one hundred fifty weeks.

(f) For the loss of an arm, sixty-six and two-thirds percent of wages during two hundred weeks.

(g) For the loss of a foot, sixty-six and two-thirds percent of wages during one hundred twenty-five weeks.

(h) For the loss of a leg, sixty-six and two-thirds percent of wages during one hundred seventy-five weeks.

(i) For the loss of an eye, sixty-six and two-thirds percent of wages during one hundred weeks.

(j) Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or one hand and one foot, or any of two thereof, or paraplegia, or quadriplegia shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability.

(k) The loss of the first phalanx of the thumb or big toe, or two phalanges of any finger or toe, shall be considered to be equal to the loss of one-half of such member, and the compensation shall be one-half of the amount above specified.

(l) The loss of more than one phalanx of a thumb, or more than two phalanges of any finger or toe shall be considered as the loss of the entire member; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand, or the amount received for the loss of more than one toe exceed the amount provided in this schedule for the loss of a foot.

(m) Amputation between the elbow and the wrist shall be considered as equivalent to the loss of a hand and amputation between the knee and the ankle shall be equivalent to the loss of a foot.

(n) A permanent total anatomical loss of the use of a member is equivalent to the amputation of the member.

(o) In all cases involving a permanent partial anatomical loss of use or amputation of the members mentioned hereinabove, compensation shall bear such proportion to the number of weeks provided for herein for the total loss of such members as the percentage loss or impairment to such members bears to the total loss of the member, provided that in no case shall compensation for an injury to a member exceed the compensation payable for the loss of such member.

(p) In cases not falling within any of the provisions already made, where the employee is seriously and permanently disfigured or suffers a permanent hearing loss solely due to a single traumatic accident, or where the usefulness of the physical function of the respiratory system, gastrointestinal system, or genito-urinary system, as contained within the thoracic or abdominal cavities, is seriously and permanently impaired, compensation not to exceed sixty-six and two-thirds percent of wages for a period not to exceed one hundred weeks may be awarded. In cases where compensation is so awarded, when the disability is susceptible to percentage determination, compensation shall be established in the proportions set forth in Subparagraph (o) of this Paragraph. In cases where compensation is so awarded, when the disability is not susceptible to percentage determination, compensation as is reasonable shall be established in proportion to the compensation hereinabove specifically provided in the cases of specific disability.

(q) No benefits shall be awarded or payable in this Paragraph unless the percentage of the anatomical loss of use or amputation, as provided in Subparagraphs (a) through (o) of this Paragraph or the percentage of the loss of physical function as provided in Subparagraph (p) or (s) of this Paragraph is as established in the most recent edition of the American Medical Association’s “Guides to the Evaluation of Permanent Impairment”.

(r)(i) In all claims for inguinal hernia, it must be established by a preponderance of the evidence that the hernia resulted from injury by accident arising out of and in the course and scope of employment; that the accident was reported promptly to the employer, and that the employee was attended by a licensed physician within thirty days thereafter.

(ii) If the employee submits to treatment, including surgery, recommended by a competent physician or surgeon, the employer or insurer shall pay compensation benefits as elsewhere fixed by this Chapter.

(iii) If the employee refuses to submit to such recommended treatment, including surgery, and establishes by a preponderance of the evidence that his refusal is based upon his conscientious religious objection thereto or that such recommended treatment, including surgery, involves an unusual and serious danger to him, the employer or insurer shall pay compensation benefits as elsewhere fixed by this Chapter. In all other cases of the employee’s refusal to submit to such recommended treatment, including surgery, the employer shall provide all necessary first aid and medical treatment and supply the necessary truss, support, or other mechanical appliance at a total cost not in excess of six hundred dollars. In addition, the employer shall pay compensation for a period not to exceed twenty-six weeks.

(iv) Recurrence of the hernia following surgery shall be considered as a separate hernia, and the provisions and limitations of this Subparagraph shall apply.

(s)(i) In addition to any other benefits to which an injured employee may be entitled under this Chapter, any employee suffering an injury as a result of an accident arising out of and in the course and scope of his employment shall be entitled to a sum of fifty thousand dollars, payable within one year after the date of the injury. Interest on such payment shall not commence to accrue until after it becomes payable. Such payment shall not be subject to any offset for payment of any other benefit under this Chapter. Such payment shall not be subject to a claim for attorney fees; however, attorney fees may be awarded in a claim to collect such payment pursuant to R.S. 23:1201.2.

(ii) In any claim for an injury, it must be established by clear and convincing evidence that the employee suffers an injury and that such resulted from an accident arising out of and in the course and scope of his employment. Nothing herein shall limit the right of any party to obtain a second medical opinion or, in appropriate cases, the opinion of an additional medical opinion medical examiner pursuant to R.S. 23:1123.

(iii) Only the following injuries shall be considered injuries for which benefits pursuant to this Subparagraph may be claimed:

(aa) Paraplegia or quadriplegia or the total anatomical loss of both hands, or both arms, or both feet, or both legs, or both eyes, or one hand and one foot, or any of two thereof; however, functional loss or loss of use shall not constitute anatomical loss.

(bb) Third degree burns of forty percent or more of the total body surface.

(iv) Notwithstanding the provisions of R.S. 23:1291.1 and 1377, any benefit paid pursuant to this Subparagraph shall be reported to the office separately from any other benefit paid pursuant to this Chapter and shall not be subject to assessment by the office or by the Louisiana Workers Compensation Second Injury Board.

(v) Repealed by Acts 2006, No. 494, §1.

Amended by Acts 1996, 1st Ex. Sess., No. 31, §1, eff. May 1, 1996; Acts 1997, No. 1172, §4, eff. June 30, 1997; Acts 1999, No. 444, §1, eff. June 18, 1999; Acts 1999, No. 702, §1; Acts 1999, No. 776, §1; Acts 2001, No. 522, §1; Acts 2001, No. 1014, §1, eff. June 27, 2001; Acts 2001, No. 1070, §1; Acts 2003, No. 306, §1; Acts 2006, No. 494, §1; Acts 2012, No. 860, §1; Acts 2017, No. 381, §2, eff. June 23, 2017.