Can a Louisiana firefighter take 52-week paid leave and workers' compensation medical benefits without weekly compensation payments?

Plain-English summary

A Jefferson Parish fire civil service board asked how Louisiana's firefighter sick-leave benefit fits with workers' compensation when an injured employee also has a second job. The attorney general answered three questions. First, a firefighter may decline weekly workers' compensation payments and use the 52-week paid leave described in La. R.S. 33:1995 instead. The opinion said refusing those payments does not open a different route to sue the employer for the same work injury: workers' compensation remains the exclusive remedy, subject to the statute's intentional-act exception.

Second, the firefighter may accept workers' compensation medical benefits while declining the weekly payments. The office relied on a Louisiana appellate decision separating medical expenses from wage compensation. It also explained that the firefighter leave-pay setoff addresses compensation payments actually received, so declining weekly payments while accepting medical benefits does not reduce the sick pay on that ground.

Third, the opinion distinguished two workers' compensation forms. It said an employee receiving only medical benefits may work a second job without violating the restrictions on working while receiving indemnity benefits. The employee must still sign the Employee Certificate of Compliance when required; the monthly earnings report is not required for a medical-benefits-only recipient under the regulation cited in the opinion.

What this means for you

Firefighters with a work injury and another job

The opinion permits the combination of statutory firefighter sick leave and workers' compensation medical benefits without weekly indemnity payments. It treats medical benefits separately from wage compensation. For the certificate form discussed in the request, the office said signing it does not make work at a second job unlawful when the firefighter receives only medical benefits.

Fire departments and civil service boards

The opinion says workers' compensation law requires employers to deliver available benefits, while it does not require employees to accept them. It also says a firefighter's leave pay is reduced by compensation payments actually received, a rule the office described as preventing double recovery for missed work due to the same injury.

Common questions

Q: Can an injured Louisiana firefighter refuse weekly workers' compensation checks and use firefighter sick leave?
A: The attorney general answered yes to that combination. The opinion cautioned that refusing compensation does not let the employee sue the employer under another remedy for the injury, apart from the statutory intentional-act exception it quoted.

Q: Does declining the weekly checks also mean giving up workers' compensation medical care?
A: No. The opinion said a firefighter may reject indemnity payments but accept medical benefits without a resulting reduction in sick pay.

Q: Can a firefighter with only medical benefits keep working a second job?
A: The opinion said yes. It distinguished medical benefits from indemnity benefits, which are the payments addressed by the form's warning about working while receiving them.

Q: Does a medical-benefits-only firefighter have to complete both forms discussed in the opinion?
A: The opinion said the Employee Certificate of Compliance must be signed as required, but the Employee's Monthly Report of Earnings is not required for employees who received only medical benefits.

Background and statutory framework

La. R.S. 33:1995, as quoted in the opinion, gives qualifying firefighters full pay during sickness or incapacity not caused by their own negligence or culpable indiscretion for at least 52 weeks. The requester said some employees delayed workers' compensation claims because they had less strenuous second jobs and worried about work restrictions. The opinion addressed that concern for workers receiving medical benefits without indemnity payments.

For medical benefits, the office quoted Young v. Hercules, Inc. for the distinction between medical expenses and compensation. It cited Johnson v. Marrero-Estelle Volunteer Fire Co. No. 1 for the purpose of the firefighter sick-leave setoff in La. R.S. 33:1995.1. The office also explained that La. R.S. 33:2184, concerning financial disclosure for promotion or assignment, did not govern a workers' compensation application.

Citations and references

• La. R.S. 23:1020.1(C)(1) (delivery of workers' compensation benefits)
• La. R.S. 23:1032(A)(1)(a) (exclusive remedy, with the quoted intentional-act exception)
• La. R.S. 23:1203.1 (medical benefits identified in the request)
• La. R.S. 33:1995 and 33:1995.1 (firefighter leave and setoff)
• La. R.S. 33:2184 (financial disclosure provision found inapplicable)
• Young v. Hercules, Inc., 451 So.2d 109, 112 (La. App. 3 Cir. 1984)
• Johnson v. Marrero-Estelle Volunteer Fire Co. No. 1, 2004-2124 (La. 4/12/05), 898 So.2d 351, 356

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0006

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA
70804-9005

Liz MURRILL
ATTORNEY GENERAL
June 23, 2025
OPINION 25-0006
173-A WORKMEN’S COMPENSATION

La. R.S. 23:1020.1
La. R.S. 33:1995
Mr. Keith R. Credo La. R.S. 23:1032 La. R.S. 33:1995.1
Jefferson Parish Fire Civil Service Board La. R.S. 23:1208 La. R.S. 33:2184
One Galleria Blvd. Suite I 900
CVII service fire employees may decline weekly workers’
Metairie LA 70006
compensation benefits and instead receive 52-week leave benefits
under La. R.S. 33:1995 along with workers’ compensation medical benefits; however, their leave pay will be reduced by the amount of
Dear Mr. Credo: workers’ compensation actually received, and they must complete
all required forms to receive workers’ compensation benefits.

You have asked for an opinion to answer multiple questions regarding workers compensation. Each question wW be addressed and answered separately below:

Question I : Does a Civil Service Fire Employee have the right to decline weekly Worker’s Compensation benefits and use his 52-week leave benefits instead?

Answer: Yes. However, an employee’s voluntary rejection of the workers’ compensation benefits would also act as a waiver of the employee’s legal rights to file suit against the employer regarding the injury.

Pursuant to La. R.S. 33:1 995, every fireman in the employ of a municipality, parish or fire protection district, shall be entitled to fuli pay during sickness or incapacity not brought about by his own negligence or culpable.indiscretion for a period of not less than 52 weeks. According to your request, some employees choose not to make a workers’ compensation claim initially because they work second jobs that are not as strenuous as their firefighting jobs, and they do not want to be prohibited from working the second job by the workers’ compensation restrictions.

There is currently no statute or jurisprudence that declares that workers’ compensation properly offered by an employer must be accepted by an employee. Furthermore, there is nothing to determine whether an employee may refuse to accept workers’ compensation. However, given the nature of workers’ compensation, it is reasonable to conclude that employees are not required to accept it.

What is clear is that Louisiana’s workers’ compensation laws are intended to mandate action from employers. Louisiana Revised Statute 23:1020.1(C)(1) reinforces this by stating, “[T]he Louisiana Workers’ Compensation Law is to be interpreted so as to assure the delivery of benefits to an injured employee Accordingly, workers’ compensation ... .“

law mandates the delivery of benefits to workers injured in the course and scope of their employment, but it does not mandate the acceptance of those benefits by the employee.

Page 2

OPINION 25-0006
Mr. Keith Credo
Page 2

However, an employee’s voluntary rejection of the workers’ compensation benefits would also act as a waiver of the employee’s legal rights to file suit against the employer regarding the injury. Louisiana Revised Statute 23:1032(A)(1)(a) provides:

Except for intentional acts provided for in Subsection B, the rights and remedies herein granted to an employee or his dependent on account of an injury, or compensable sickness or disease for which he is entitled to compensation under this Chapter, shall be exclusive of all other rights, remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future,....

As such, workers’ compensation is the exclusive legal remedy granted to employees injured in the course and scope of employment. This means that if the benefits are refused by the employee, he or she still cannot seek another remedy.

Question 2: Does an employee who elects to receive 52-week leave benefits for a work related injury have the right to seek worker’s compensation medical benefits to pay his work related injury medical expenses?

Answer: Yes.

In your request, you indicate that an employee who has declined to seek weekly workers’ compensation benefits may still wish to collect medical benefits in accordance with La. R.S. 23:1203.1. Again, there is currently no statute orjurisprudence which declares that workers’ compensation properly offered by an employer must be accepted in full by an employee, nor is there any authority which explicitly allows a refusal of all or part of workers’ compensation.

The Third Circuit Court of Appeal in Young v. Hercules, Inc., 451 So.2d 109, 112 (La. App. 3 Cir. 1984) determined that “the rightto medical expenses is separate and distinct from the right to compensation. Therefore[,] an employee may recover medical expenses even though there is no recovery for compensation.”

Although the courts have not directly addressed this issue, we note that the Supreme Court has determined that La. R.S. 33:1995.1 is a set-off provision that reduces a firefighter’s sick leave pay by any workers’ compensation payment he might be receiving. Johnson v. Marrero-Estelle Volunteer Fire Co. No. 1, 2004-2124 (La. 4/12/05), 898 So.2d 351, 356. Section 1995.1 was enacted to prevent double recovery as sick leave pay and worker’s compensation for work missed due to the same injury. Id.

Therefore, a fireman may reject workers’ compensation indemnity payments in favor of the sick leave granted by La. R.S. 33:1995 while accepting workers’ compensation medical payments and not have his sick pay reduced.

Page 3

OPINION 25-0006
Mr. Keith Credo
Page 3

Question 3: Is a Civil Service Fire Employee who is only receiving “Worker’s Comp medical benefits” and not receiving “weekly benefits” required to sign Worker’s Compensation forms that subject him to criminal prosecution for working his second job while receiving benefits?

Answer: No

In your request, you specifically referenced the “Employee Certificate of Compliance Form” (Otherwise known as LDOL-WC-1 025). That form simply requires the employee to acknowledge that it is unlawful to receive indemnity benefits and work and/or receive indemnity benefits and receive unemployment benefits and to certify that they will abide by these rules by signing the form. If the employee is only receiving medical benefits, not indemnity benefits, it would be lawful for him to work while receiving those benefits. Accordingly, the employee would not face any disciplinary action or consequences for signing the form as required.

The Employee’s Monthly Report of Earnings Form (also known as LDOL-WC-1 020) is not required for employees who have only received medical benefits, as stated in LAC 40:1.105(2). Because these employees are only receiving medical benefits and not indemnity benefits, they are permitted to work without violating any workers’ compensation statutes or regulations.

Lastly, La. R.S. 33:2184 is irrelevant as it applies explicitly to the disclosure of financial information “for the purposes of promotion or assignment.” An application for workers’ compensation is not an application for promotion or assignment.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

BY:_______
TyJrJ.Sa oy
Assistant Attorney General

LM: TJS