La. Stat. Ann. § 23:1221

Section 23:1221(3)(c)(ii) permits an employer to prove, after completing the proper labor-market survey and rehabilitation efforts, that employment is available in the employee’s or employer’s community or reasonable geographic region.

Welch v. Usner Bros. Roofing & Sheet Metal · filed 1998-09-09(3)(c)(ii)

Finally, because the award is SEB, Usner has the right to prove, after the proper market survey and rehabilitation have been completed, that “employment is |7available to the employee in the employee’s or employer’s community or reasonable geographic region.” La. R.S. 23:1221(3)(c)(ii).

For supplemental earnings benefits, employment is considered available if it is available in either the employee's or employer's community or reasonable geographic region.

Fontenot v. Reddell Vidrine Water Dist. · filed 2003-01-14(3)(c)(i)

LA.REV.STAT. ANN. § 23:1221(3)(c)(i) provides that for purposes of determining supplemental earnings benefits it is appropriate to consider employment that is "proven available to the employee in the employee's or employer's community or reasonable geographic region." Accordingly, as regards supplemental earnings the inquiry must focus on employment shown available in either the employee's or the employer's geographic area.

Section 23:1221(3)(a) provides supplemental earnings benefits when an employee cannot earn at least 90% of pre-injury wages, while § 23:1221(3)(c)(i) requires the employer to prove a physically suitable job that was offered or available in the relevant geographic area; the benefit amount reflects the difference between pre-injury wages and post-injury earning capacity.

Broussard v. Lafayette Parish School Board · filed 2006-04-05(3)(a), (3)(c)(i)

An employee is entitled to SEBs where he is unable to earn 90% or more of his pre-injury wage. La.R.S. 23:1221(3)(a). ... Once the claimant proves this, the burden shifts to the employer to prove that the employee is physically able to perform a certain job, that the job was offered to the employee, or that it was available, and that it was in the employee’s or employer’s community or reasonable geographic region. La.R.S. 23:1221(3)(c)(i); Daigle v. Sherwin-Williams Co., 545 So.2d 1005 (La.1989). ... The amount of SEBs is based on the difference between the average weekly wage earned by the employee before the accident and the employee’s earning capacity after the accident. La.R.S. 23:1221(3)(a). We find that the trial court was correct in finding that Adrian Broussard was entitled to SEBs based upon zero, as none of the positions identified by Ms. Herron were suitable.

Section 23:1221(3)(c)(i) permits an employer to end supplemental earnings benefits only by proving a genuinely suitable and available job; a physician's approval alone does not make the job suitable or available.

Montgomery v. Lafayette Parish School Board · filed 2009-12-09(3)(c)(i)

Essentially, the School Board contends the determination of the suitability and availability of a job is purely a medical determination, and once it is approved by a physician, that inquiry closes. We disagree. ... Thus, this court has determined that it is within the province of the WCJ to negate jobs that are physician approved if the record supports a finding that the jobs are not truly “suitable” or “available” for the claimant.

An employer may reduce supplemental earnings benefits only after proving that the claimant is physically able to perform a suitable job that was offered or actually available in the claimant’s or employer’s community or reasonable geographic region.

Olivier v. City of Eunice · filed 2011-06-08(3)(c)(i)

Once the claimant has met this initial burden of proving entitlement to SEB, the burden of proof shifts to the employer if it wishes to prove the employee is earning less than he or she is able to earn. The employer bears the burden of proving that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in the employee’s or the employer’s community or reasonable geographic region. ... A review of the record clearly establishes the City failed to carry its burden of proving Mr. Olivier was physically able to perform a certain job and that the job was offered and available to him. The WCJ committed clear error in finding the jobs provided to Mr. Olivier were “suitable” or “available” under the Banks standard. Accordingly, the City improperly reduced Mr. Olivier from TTD benefits to SEB.

Section 23:1221(3)(c)(i) treats wages from a physically suitable job proven available in the employee’s community or reasonable geographic region as the minimum earning capacity for supplemental-earnings-benefit calculations, even if the employee applied and was rejected.

Leonards v. Summit Claims · filed 2012-10-03(3)(c)(i)

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. La.R.S. 23:1221(3)(c)(i). ... Clay makes it clear that rejection of the employee’s application for an available job presents no impediment to proving an employee’s earning capacity.

After an employee proves inability to earn 90% of pre-injury wages, § 23:1221(3)(c)(i) requires the employer to show that the employee can physically perform a suitable job that was offered or available in the relevant community or geographic region.

Landry v. Lofton Security Service, Inc. · filed 2020-12-02(3)(c)(i)

Once the employee’s burden is met, the burden shifts to the employer who, in order to defeat the employee’s claim for SEBs, must prove, by a preponderance of the evidence, that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employer’s community or reasonable geographic region. La. R.S. 23:1221(3)(c)(i); Poissenot, 56 So.3d at 174; Banks, 696 So.2d at 551. ... But the WCJ failed to address whether the job available was “suitable” for Mr. Lofton. ... Both Dr. Henry and Dr. Butaud agreed that the job was not “suitable” if Mr. Landry was faced with a situation where he would have to physically engage someone. Furthermore, Ms. Hollier stated that the job would require occasional lifting of fifty pounds, which is above the limitation of lifting no more than thirty pounds placed on Mr. Landry by Dr. Henry. ... Mr. Landry clearly established that he is unable to earn 90% of his wages, and there is no evidence controverting it.

Section 23:1221(3)(c)(i) allows suitable employment to be shown as available in either the employee's or the employer's community or reasonable geographic region.

Haynes v. Williams Fence and Aluminum · filed 2001-07-25(3)(c)(i)

The employer is required to prove that the job was available to the employee in either "the employee's or employer's community or reasonable geographic region." La.R.S. 23:1221(3)(c)(i).

Section 23:1221(3)(c)(i) requires that an employee’s wage-earning capacity account for wages the employee could earn in physically suitable employment proven available in the employee’s community or reasonable geographic region, and the defendants must prove that suitable employment is available.

Thomas v. Archer Construction Co. · filed 1989-05-24(3)(c)(i)

On appeal, plaintiff urges that the trial judge erred in concluding that La.R.S. 23:1221(3) is applicable to the case sub judi-ce. We disagree. ... La.R.S. 23:1221(3)(c)(i) reads in pertinent part: ... If the employee is not engaged in any employment or self-employment, ... 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, ... which he was physically able to perform ... and ... which is proven available to the employee in the employee’s or employer’s community or reasonable geographic region.” ... We discern no clear error in the trial court’s conclusion that defendants carried their burden of proving that there are suitable jobs available to Thomas in plaintiff’s community or reasonable geographic region.

Section 23:1221(1) covers temporary total disability when an injury prevents gainful occupation; § 23:1221(4)(q) requires the permanent-impairment rating to use the American Medical Association guidelines, and § 23:1221(3) is the alternative benefits inquiry if permanent partial disability is unavailable.

Durbin v. State Farm Fire and Cas. Co. · filed 1990-02-21(1), (4)(q), and (3)

Recent judicial interpretations of La.R.S. 23:1221(1) have recognized the applicability of the odd lot doctrine and the working in pain doctrine to temporary total disability cases. ... Durbin has made out a prima facie case for classification in the odd lot category; therefore, State Farm must show that some form of gainful occupation is regularly and continuously available to Durbin within reasonable proximity of his residence to defeat his claim for odd lot classification. ... State Farm has shown that some form of gainful employment is regularly and continuously available to Durbin within reasonable proximity to his residence; therefore, they have rebutted Durbin's prima facie case for odd lot classification. Thus, Durbin has failed to prove by a preponderance of the evidence that he is temporarily totally disabled. ... Since the trial court relied on Dr. Kilroy's assessment of disability and his assessment was not based on the American Medical Association (AMA) guidelines as required by La.R.S. 23:1221(4)(q), the trial court erred in finding Durbin permanently partially disabled. ... If the trial court finds that Durbin is not entitled to permanent partial disability benefits, it shall take evidence and determine whether Durbin is entitled to supplemental earnings benefits under La.R.S. 23:1221(3).

Section 23:1221(2) requires an employee seeking total disability compensation to be unable to engage in any gainful occupation for wages, and the employer must show that realistically attainable jobs offering more than speculative earnings are available.

Aromy v. Cox Cable of Jefferson Parish, Inc. · filed 1990-11-14(2)

“Total disability compensation can now be obtained only if the employee is unable ‘to engage in any gainful occupation for wages, whether or not the same or a similar occupation as that in which the employee was customarily engaged_’ La. R.S. 23:1221(2) (Supp.1975).” ... Therefore, it is incumbent upon the employer to prove by a preponderance of the evidence that jobs, which are realistically attainable and which offer earnings that are more than mere speculation, are available to the claimant.

Section 23:1221(3) requires an employee seeking supplemental earnings benefits to prove that the injury prevents the employee from earning at least 90% of the employee’s pre-injury wages, regardless of the employee’s former or specially suited occupation.

Henssler v. Pendleton Memorial Methodist Hospital · filed 1991-01-17(3)

To recover supplemental benefits under La.R.S. 23:1221(3), the employee must prove that the injury has resulted in his inability to earn at least 90% of his previous wages, irrespective of his previous occupation or an occupation for which the employee was particularly fitted.

Section 23:1221(3) requires an employee seeking supplemental earnings benefits to prove that the work injury leaves the employee unable to earn 90% of former wages.

Holley v. Baton Rouge Aircraft, Inc. · filed 1995-03-03(3)

Quite clear, however, is that plaintiff has not satisfied his burden of proving, as required by R.S. 23:1221(3), that any injury of October 23 disables him from earning 90% of his former earnings.

Section 23:1221(3)(c)(i) requires an injured employee seeking supplemental earnings benefits to prove by a preponderance of the evidence that the work-related injury leaves him unable to earn at least 90 percent of his pre-injury wages, with the analysis then addressing what he is earning or able to earn.

Dufrene v. Southern Industrial Contractors, Inc. · filed 1996-01-31(3)(c)(i)

An injured employee seeking supplemental earnings benefits must prove by a preponderance of the evidence that as a result of the work-related injury, he is unable to earn ninety percent or more of wages earned at the time of his injury. The next | f,step in the analysis is to determine what the claimant is earning or is able to earn. La. R.S. 23:1221(3)(c)(i); Daigle v. Sherwin-Williams Co., 545 So.2d 1005 (La.1989); McClinton v. Rapides General Hosp., 93-1295 (La.App. 3 Cir. 5/4/94); 640 So.2d 534, twit denied 94-1438 (La. 9/23/94); 642 So.2d 1290.

Section 23:1221(3)(c)(ii) requires an unemployed claimant seeking supplemental earnings benefits based on substantial pain to prove by clear and convincing evidence that solely because of that pain she cannot perform available work and cannot earn at least 90% of her pre-injury wages.

Taylor v. Plastech Engineered Products, Inc. · filed 2010-12-15(3)(c)(ii)

To receive supplemental earnings benefits, the claimant must show that she is unable to earn wages equal to 90% or more of wages at the time of the injury; if she is not working, she may recover these benefits only if she establishes “by clear and convincing evidence, unaided by any presumption of disability, that solely as a consequence of substantial pain,” she cannot perform available work.

Section 23:1221(3)(a)(i) provides supplemental earnings benefits when an injury leaves an employee unable to earn at least 90% of the wages earned at the time of injury.

Racca v. Acme Truck Lines, Inc. · filed 2013-06-12(3)(a)(i)

A claimant is entitled to Supplemental Earnings Benefits (SEB) under La.R.S. 23:1221(3)(a)(i) “[f]or injury resulting in the employee’s inability to earn wages equal to ninety percent or more of wages at time of injury[.]”

Section 23:1221(3)(a)(i) provides supplemental earnings benefits when a work injury leaves an employee unable to earn at least 90 percent of pre-injury wages, but not when the shortfall is caused by circumstances unrelated to the injury.

Wiltz v. Todd's Car Wash · filed 2013-11-06(3)(a)(i)

A claimant is entitled to SEB, under La.R.S. 23:1221(3)(a)(i), “[f]or injury resulting in the employee’s inability to earn wages equal to ninety percent or more of wages at time of injury[.]” ... However, if the employee’s inability to earn ninety percent of his pre-injury wages is due to “circumstances” other than the work-related injury, he is not entitled to SEB. ... The WCJ found that this choice by Mr. Wiltz to work reduced hours was the cause of his inability to earn ninety percent of his pre-injury wages. We affirm the WCJ’s denial of any SEB to Mr. Wiltz from March 24, 2009, to his termination on November 15, 2011. Coleman, 56 So.3d at 1262.

Section 23:1221(4)(r) requires an employee claiming benefits for an inguinal hernia to prove by a preponderance of the evidence that it resulted from a work-related accident, was promptly reported, and was treated by a licensed physician within 30 days.

Alexander v. Landmark Hotel & Towers · filed 1991-11-13(4)(r)

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.

Section 23:1221(4)(r)(i) requires an inguinal-hernia claimant to prove by a preponderance of the evidence that the hernia resulted from a work-related accident and to satisfy the statute's reporting and medical-attendance requirements.

Dew v. VIS, INC. · filed 1995-11-02(4)(r)(i)

La.R.S. 23:1221(4)(r)(i) provides that "[i]n 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." ... On review, we conclude that claimant failed to prove by a preponderance of the evidence that the October 14, 1993 work-related accident caused the hernias. Accordingly, the requirement of La.R.S. 23:1221(4)(r)(i) that "[i]n 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" was not met and claimant is not entitled to any worker's compensation benefits.

Section 23:1221(2) defines permanent total disability as an inability to engage in any gainful occupation for wages; an employee able to perform lighter work is partially rather than totally disabled.

Duvio v. Continental Casualty Co. · filed 1984-02-09(2)

Based on the evidence, we find that the trial court’s finding of partial disability was correct. Permanent total disability is defined by La.R.S. 23:1221(2) as “total disability of an employee to engage in any gainful occupation for wages, whether or not of the same or a similar occupation as that in which the employee was customarily engaged when injured...” ... It is clear that the injury to appellant's elbow leaves him with a partial rather than total disability.

Under § 23:1221(3)(c)(i), an employer contesting supplemental earnings benefits must prove that the employee can physically perform a specific job and that the job was offered or available to the employee in the relevant community or geographic region.

Thierry v. Brannagan Refractory Sales, Inc. · filed 1990-06-27(3)(c)(i)

The most logical interpretation of this provision is that the employer, if he wishes to contend that the employee is earning less than he is able to earn, bears the burden of proving that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employer’s community or reasonable geographic region. ... Conversely, in the case before us, the defendants have not met their burden of proof; they did not prove that Thierry is physically able to perform a certain job and that such a job was available to Thierry.

Section 23:1221(3)(c) places the burden on the employer to prove that suitable employment is available to the claimant.

Helaire v. Louisiana School for Math, Science & Arts · filed 1995-12-06(3)(c)

If the claimant succeeds in doing so, the employer bears the burden of proving the availability of employment under La.R.S. 23:1221(3)(c).

An employee unable to earn at least 90% of pre-injury wages may receive supplemental earnings benefits; after the employee makes that showing, the employer must prove physical ability and that suitable work was offered or available in the relevant community or geographic region.

Livings v. LANGSTON COMPANIES · filed 1996-12-05(3)(a), (3)(c)(i)

Entitlement to supplemental earnings benefits (SEB) is based on an employee's inability to earn wages equal to ninety percent of those earned prior to the workrelated accident. The governing statute is La.R.S. 23:1221(3). Section (a) of the statute states that an employee unable to earn wages equal to ninety percent or more of the wages he or she was earning pre-injury is entitled to SEB based upon a calculation of preinjury wages and possible post-injury wages he or she may earn in any employment or self-employment. ... Both the employee and employer share the burden of proof in ascertaining entitlement to SEB. Initially, the burden is on the employee to show by a preponderance of the evidence that he or she is unable to earn wages equal to ninety percent or more of the wages earned prior to the work-related injury. If the employee is not engaged in any employment or is earning wages less than he or she is able to earn, the burden shifts to the employer who, in order to establish that the employee is not entitled to SEB, must show "that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employer's community or reasonable geographic region." Daigle v. Sherwin-Williams Co., 545 So.2d 1005, 1009 (La.1989); Peveto v. WHC Contractors, 93-1402 (La.1/14/94); 630 So.2d 689; Hebert v. Grey Wolf Drilling Co., Inc. 611 So.2d 674 (La. App. 3 Cir.1992); La.R.S. 23:1221(3)(c)(i).

Section 23:1221(3)(a) provides supplemental earnings benefits when a work-related injury leaves an employee unable to earn at least 90% of the pre-injury wage, and under Paragraph (3)(c)(i) the employer can defeat the claim by proving the employee can perform a suitable job that was offered or available in the relevant geographic area.

Lewis v. Casino Magic · filed 2001-09-28(3)(a), (3)(c)(i)

An employee is entitled to receive SEB if he sustains a work-related injury that results in his inability to earn ninety percent (90%) or more of his average pre-injury wage. La. R.S. 23:1221(3)(a). Initially, the employee bears the burden of proving, by a preponderance of the evidence, that the injury resulted in his inability to earn that amount under the circumstances of the individual case. Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), 696 So.2d 551. Workers' compensation is to be liberally construed in favor of coverage. Daigle v. Sherwin-Williams Company, 545 So.2d 1005 (La. 1989). Once the employee's burden is met, the burden shifts to the employer who, in order to defeat the claim for SEB or establish the employee's earning capacity, must prove by a preponderance of the evidence that the employee is physically able to perform a certain job and that the job was offered to the employee, or was available in his or the employer's community or reasonable geographic region. La. R.S. 23:1221(3)(c)(i); Banks, supra . Actual job placement is not required. Atwood v. Ewing Timber, Inc., 34,045 (La.App. 2nd Cir.12/15/00), 774 So.2d 1140.

Section 23:1221(3)(c)(i) requires an employer contesting supplemental earnings benefits to prove a suitable job within the claimant's capabilities and geographic region, the expected wages, and an actual available position when the claimant is notified, although notification to an incarcerated claimant may be deemed a vain and useless act.

Scott v. Lakeview Regional Medical Center · filed 2002-03-28(3)(c)(i)

In Banks, the Louisiana Supreme Court attempted to resolve the inconsistent standards of the state courts of appeal with regard to whether an employer has satisfied its burden of proving "job availability" pursuant to La. R.S. 23:1221(3)(c)(i). The supreme court in Banks concluded that: [A]n employer may discharge its burden of proving job availability by establishing, at a minimum, the following, by competent evidence: (1) the existence of a suitable job within claimant's physical capabilities and within claimant's or the employer's community or reasonable geographic region; (2) the amount of wages that an employee with claimant's experience and training can be expected to earn in that job; and (3) an actual position available for that particular job at the time that the claimant received notification of the job's existence. By "suitable job," we mean a job that claimant is not only physically capable of performing, but one that also falls within the limits of claimant's age, experience, and education, unless, of course, the employer or potential employer is willing to provide any additional necessary training or education. ... In our opinion, to mandate that an employer provide an incarcerated claimant with notification of an actual job suitable to claimant's individual requirements and capabilities would be a vain and useless act. We conclude that Mr. Scott failed to prove by a preponderance that he was disabled from working and unable to earn 90 percent of his pre-injury wages. It is also the conclusion of this court that LRMC established by a preponderance of the evidence that there were suitable jobs available to Mr. Scott within his restrictions, capabilities, and reasonable geographical region. Thus, an award of SEBs was not warranted.

Section 23:1221(3)(c)(I) shifts the burden to the employer to prove that an employee receiving supplemental earnings benefits is physically able to perform a specific job and that the job was offered or available in the relevant community or geographic region.

Carter v. Wal-Mart Stores, Inc. · filed 2002-06-26(3)(c)(I)

"Once the employee's burden is met, the burden of proof then shifts to the employer, who, if he wishes to contend that the employee is earning less than he is able to earn so as to defeat or reduce supplemental earnings benefits, bears the burden of proving that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employer's community or reasonable geographic region." ... "The workers' compensation judge noted in his oral ruling that there's been no showing that Mr. Carter can return to any work or that any work has been offered or provided to him. Therefore, this assignment of error is without merit."

Section 23:1221(3)(c)(i) places the burden on the employer to establish the claimant’s earning capacity when the employee is unemployed or earning less because of a job-related disability.

Tauzin v. Louisiana Pigment Company · filed 2005-02-02(3)(c)(i)

“When the employee is not working or is earning less than the employee is able to earn as the result of a job-related disability, then it is the employer’s burden to establish earning capacity.” ...; La.R.S. 23:1221(3)(c)(i). Under the circumstances, Mr. Tauzin’s status as unemployed shifts the burden of proof of production to the employer to show that the employee is physically able to perform a certain job and that the job was available to the employee in the community or reasonable geographic regions. ... Louisiana Pigment failed to introduce any evidence to prove the likely wage of Mr. Tauzin as a result of the disability and provided no evidence to establish that a suitable job existed within the geographical area. ... The WCJ was legally correct in finding that the defendants failed to carry their burden of production and factually correct in interpreting the facts because no evidence was produced to support their claim. Consequently, we affirm the trial court’s judgment allowing Mr. Tauzin SEB.

Section 23:1221(3)(c)(i) places the burden on an employer to establish a nonworking employee’s earning capacity, including physical ability to perform suitable work and the availability of that work in the relevant community or geographic region.

Tauzin v. Louisiana Pigment Co. · filed 2005-02-02(3)(c)(i)

Supplemental earnings benefits are awarded when a work-related injury prevents the claimant from earning ninety percent of his pre-injury wages. La.R.S. 23:1221(3). ... “When the employee is not working or is earning less than the employee is able to earn as the result of a job-related disability, then it is the employer’s burden to establish earning capacity.” ... Under the circumstances, Mr. Tauzin’s status as unemployed shifts the burden of proof of production to the employer to show that the employee is physically able to perform a certain job and that the job was available to the employee in the community or reasonable geographic regions.

Section 23:1221(3)(a) entitles an injured employee to supplemental earnings benefits when a work-related injury leaves the employee unable to earn at least 90% of pre-injury wages, unless the employer proves under paragraph (3)(c)(i) that the employee can physically perform a job that was offered, tendered, or available in the relevant community.

Hitchen v. Southland Steel · filed 2006-06-09(3)(a), (3)(c)(i)

An employee is entitled to receive supplemental earnings benefits if he sustains a work-related injury that results in his inability to earn ninety percent or more of his average pre-injury wages. La. R.S. 23:1221(3)(a). Initially, the employee bears the burden of proving by a preponderance of the evidence that the injury resulted in his inability to earn that amount under the facts and circumstances of the individual case. ... Once the employee's burden is met, the burden shifts to the employer who, in order to defeat the employee's claim for supplemental earnings benefits or to establish the employee's earning capacity, must prove by a preponderance of the evidence that the employee is physically able to perform a certain job and (1) that the job was offered or tendered to the employee by the employer or any other employer, or (2) that the job was available to the employee in his or the employer's community or reasonable geographic region. La. R.S. 23:1221(3)(c)(i); Banks, 96-2840 at p. 9, 696 So.2d at 556.

For supplemental earnings benefits, the employee must prove that the work injury—not another cause—made the employee unable to earn at least 90% of the pre-injury wage; only then does the employer bear the job-availability burden.

Patterson v. General Motors Co. · filed 2011-09-21(3)(a), (3)(c)(i)

Only when the employee makes this initial showing does the burden shift to the employer to prove that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employer’s community or reasonable geographic area. La. R.S. 23:1221(3)(c)(i). ... Implicit in R.S. 23:1221(3)’s requirement that the employee show that a work-related injury results in his inability to earn 90% of his pre-injury wage is a showing that the injury, and not some other cause, resulted in his inability to retain his pre-injury job.

After an employee proves an inability to earn 90 percent of pre-injury wages, the employer must prove by a preponderance of the evidence that the employee can physically perform a specific job and that the job was offered or available in the employee’s community or a reasonable geographic location.

Long v. Bengal Transportation · filed 2013-12-11(3)(c)(i)

It is only when the employee overcomes this initial step that the burden shifts to the employer to prove, by a preponderance of the evidence, that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employee’s community or reasonable geographic location. La. R.S. 23:1221(3)(c)(i); Banks, supra at 556; Daigle, supra at 1009. ... Accordingly, there is a reasonable factual basis for the WCJ’s finding that Mr. Long had established that he’s entitled to SEB. As that finding is supported by the record, it cannot be manifestly erroneous.

After an employee proves a work injury caused an inability to earn 90% of pre-injury wages, § 23:1221(3)(c)(i) shifts the burden to the employer to prove the employee can perform a specific job that was offered or was available in the employee's community or reasonable geographic location.

Rogel v. Dollar General Corp. · filed 2013-12-11(3)(c)(i)

It is only when the employee overcomes this initial step that the burden shifts to the employer to prove, by a preponderance of the evidence, that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employee’s community or reasonable geographic location. La. R.S. 23:1221(3)(c)(i); Banks, supra at 556; Daigle, supra at 1009. ... What is more, Dollar General has failed to prove that Ms. Rogel is “physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employee’s community or reasonable geographic location.” ... Accordingly, this assignment of error is without merit.

Section 23:1221(3) places the initial burden on an injured employee seeking supplemental earnings benefits to prove by a preponderance of the evidence that she cannot earn at least 90% of her pre-injury wages.

Quigley v. Harbor Seafood & Oyster Bar · filed 2014-10-15(3)

Entitlement to supplemental'-earnings benefits is governed by • La. R.S. 23:1221(3), which provides that the injured employee has the initial burden of proving by a preponderance of the evidence that she is unable to earn wages equal to ninety percent (90%) of her pre-injury wages.

After the employee proves an inability to earn at least 90% of pre-injury wages, the employer must prove by a preponderance of the evidence that the employee can physically perform a suitable job that was offered or available in the relevant community or geographic region; actual job placement is not required.

Clark v. Sedgwick Cms, Walgreens Drug Stores · filed 2015-11-25(3)(c)(i)

Once the employee’s burden is met, the burden shifts to the employer who, in order to defeat the employee’s claim for SEBs or establish the employee’s earning capacity, must prove, by a preponderance of the evidence, that the employee is physically able to perform a certain job and that the job was offered to the employee or that the job was available to the employee in his or the employer’s community or reasonable geographic region. LA.REV.STAT.ANN. § 23:1221(3)(c)(i) (West Supp.1997); Daigle, 545 So.2d at 1009. Actual job placement is not required. Romero v. Grey Wolf Drilling Co., 594 So.2d 1008, 1014-15 (La.App. 3d Cir.1992).

Under § 23:1221(3)(c)(i), an employer may reduce supplemental earnings benefits based on wages the employee could earn only if it proves that a physically suitable job was offered or actually available in the employee’s community or reasonable geographic region.

Prevost v. City of New Orleans Fire Department · filed 2024-10-04(3)(c)(i)

Louisiana Revised Statutes 23:1221(3)(c)(i) establishes the requirement that an employer must prove a job is available in order to validate adjusting benefits. ... The Clay court did, however, continue to place the burden on the employer to demonstrate that the potential jobs were actually available at the time the employee was notified of their existence. ... Thus, in reviewing the record as a whole, we conclude that the OWC judge did have a reasonable basis to reach its determination that Mr. Prevost was entitled to have his benefits reinstated back to the date of modification at a rate of six hundred nineteen dollars ($619.00) per week.

Section 23:1221 provides temporary total, permanent total, and supplemental earnings benefits according to the employee's disability; supplemental earnings benefits apply when a work-related injury prevents the employee from earning at least ninety percent of pre-injury wages, and their amount is based on the difference between pre-injury wages and post-injury earning capacity.

Meche v. Gray Insurance Company · filed 2015-11-12(1), (2), (3), (3)(a)

Louisiana Revised Statutes 23:1221 defines what benefits are owed. Compensation benefits are paid according to the nature of the employee‟s injuries and the degree to which he is disabled. Those disabled to the degree that they are unable to engage in any employment or self-employment are entitled to either temporary total disability benefits (La.R.S. 23:1221(1)) or permanent total disability benefits (La.R.S. 23:1221(2)). An employee whose injury results in his inability to earn wages equal to ninety percent or more of his wages at the time of injury is entitled to SEBs under La.R.S. 23:1221(3). Supplemental earnings benefits are awarded when a work- related injury prevents the claimant from earning ninety percent of his pre-injury wages. La.R.S. 23:1221(3). “The amount of SEB is based upon the difference between the claimant‟s pre-injury average monthly wage and the claimant‟s proven post-injury monthly earning capacity.” Banks v. Indus. Roofing & Sheet Metal Works, Inc., 96– 2840, p. 9 (La.7/1/97), 696 So.2d 551, 556; La.R.S. 23:1221(3)(a).

Section 23:1221(1) governs temporary total disability benefits and requires proof of inability to engage in any gainful occupation; § 23:1221(3)(d) caps supplemental earnings benefits at 520 weeks.

Ferrand v. DHL CO. · filed 1993-02-11(1), (3)(d)

To receive temporary total disability benefits a claimant must prove his inability to engage in any gainful occupation, whether or not it is the same type of work in which the employee was engaged at the time of injury. ... We find that the hearing examiner was manifestly erroneous in his determination that Ferrand was entitled to temporary total disability benefits. The uncontroverted evidence proves that Ferrand could perform light employment and his educational and employment background indicates that he is well-suited for light employment. ... Ferrand's rights to these payments shall not exceed 520 weeks. La.R.S. 23:1221(3)(d).

Section 23:1221(1)(d) ends temporary total disability benefits when the employee's condition permits a reliable disability determination and no longer requires regular physician treatment, while Section 23:1221(2)(c) requires an unemployed claimant to prove permanent total disability by clear and convincing evidence without a presumption of disability.

Leblanc v. Walmart Distribution Center · filed 2024-09-04(1)(d), (2)(c)

The statute provides, however, that such benefits 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. La.R.S. 23:1221(1)(d). ... Louisiana Revised Statutes 23:1221(2) sets forth the burden of proof that an employee seeking an award of permanent and total disability benefits must satisfy. When, as in the instant matter, an employee is not currently employed, La.R.S. 23:1221(2)(c) (emphasis added) is the controlling statutory provision, which provides as follows: ... 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.

Section 23:1221 classifies disability benefits: permanent total disability requires clear and convincing proof that the employee cannot engage in any employment, temporary total disability covers inability to engage in gainful work during the disability period, and supplemental earnings benefits may begin when temporary total disability ends.

Coley v. Wilson Oil Co., Inc. · filed 1993-06-09(2)(c), (1), (3)

La.R.S. 23:1221 provides disability classifications and payment schedules therefor. La.R.S. 23:1221(2)(c) provides that, in order to be eligible for permanent total disability benefits, the employee must prove "... 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 ...". (emphasis ours). In order to be entitled to permanent total disability benefits, an employee must prove, by clear and convincing evidence, that he is permanently disabled and not simply that his disability is indefinite in duration. Brown v. Knost Roofing Corp., 566 So.2d 1024 (La.App. 3rd Cir.1990). La.R.S. 23:1221(1), in effect on the date of the accident, provided for temporary total disability benefits as follows: (1) Temporary total. For injury producing temporary total disability of an employee to engage in any self-employment or gainful 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. This statute was amended after the present accident occurred to require that the claimant bear the same burden of proof for temporary total disability as for permanent total disability. ... Pursuant to La. R.S. 23:1221(3), Coley is entitled to supplemental earnings benefits commencing on June 19, 1989, the date of his ineligibility to receive temporary total disability benefits.

The version of § 23:1221 in effect on the date of injury governs; the 1989 amendments substantively changed the law and apply prospectively, so they do not govern an injury occurring before January 1, 1990.

Masters v. Scogin Auto Parts, Inc. · filed 1993-10-06(1)

It is well settled that the governing law applicable in a worker's compensation action is that which was in effect at the time of the alleged injury. ... Masters' injury occurred on April 8, 1989. It is this date, not the date upon which his disability classification increased, that is pertinent to the determination of which version of the statute to apply. ... The amendments to this statute enacted a substantive change in the law to be applied prospectively only. ... As such, the post-1990 version of the statute cannot be retroactively applied to an injury which occurred on April 8, 1989.

Section 23:1221(3)(c)(i) requires an employer's offered employment to be reasonable, so a nursing mother need not accept a graveyard-shift job she cannot reasonably arrange child care for to retain supplemental earnings benefits.

Foreman v. West Calcasieu-Cameron Hosp. · filed 1993-10-06(3)(c)(i)

The hearing officer found that in order for an employer to satisfactorily comply with LSA-R.S. 23:1221(3)(c)(i), the job offered by an employer to its partially disabled employee must be reasonable. The hearing officer then found correctly, we believe, that a nursing mother with a six (6) month old child should not be required to find child care during the graveyard shift of 11:00 p.m. to 7:00 a.m. in order to maintain her entitlement to supplemental earnings benefits.

Section 23:1221(1)(c) requires clear and convincing proof that the claimant cannot engage in any employment for temporary total disability benefits, while § 23:1221(1)(d) provides cessation guidelines that do not apply when benefits have never been paid.

Eglin v. United Gas Pipeline · filed 1994-04-06(1)(c), (1)(d)

Effective January 1, 1990, a claimant must prove that he is physically unable to engage in any employment or self-employment by clear and convincing evidence before an award of temporary total disability can be made. La.R.S. 23:1221(1)(c). This statute, as amended in 1989, imposes a more stringent burden of proof on the claimant. ... Finally, United Gas contends that the hearing officer erred in awarding temporary total disability benefits in excess of six months because Eglin failed to submit an extension for the period of temporary total disability under La.R.S. 23:1221(1)(d). We disagree. That statute provides guidelines for the cessation of benefits; we find it is not applicable where benefits have never been paid.

Section 23:1221(1) treats an employee as temporarily and totally disabled from engaging in self-employment or gainful work when the employee cannot do so without significant pain, and the employee is not required to work in pain.

Libasci v. Longo · filed 1992-02-13(1)

The evidence as a whole furnishes a basis for a finding that plaintiff is temporarily and totally disabled from engaging in any self-employment or occupation for wages because he could not do so without significant pain.

For temporary total disability benefits, § 23:1221(1)(c) requires an unemployed claimant to prove by clear and convincing evidence, without a presumption of disability, that the claimant is physically unable to perform any employment, including work in pain.

Green v. Conagra Broiler Co. · filed 1995-03-01(1)(c)

Under the circumstances, we are constrained to find that the claimant's evidence does not meet the objective standard of clear and convincing evidence required by R.S. 23:1221(1)(c). The hearing officer was legally wrong to conclude otherwise. The judgment awarding these benefits will be reversed.

Section 23:1221(l)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the claimant is physically unable to perform any employment or self-employment.

Borel v. Dynamic Offshore Contractors · filed 1995-04-05(l)(c)

Pursuant to La.R.S. 23:1221(l)(c) Bo-rel had to prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment in order to be entitled to temporary total disability benefits.

Section 23:1221(1)(b) bars temporary total disability benefits while the employee engages in any type of employment.

LeBlanc v. Cajun Painting Inc. · filed 1995-04-07(1)(b)

The 1983 and 1988 amendments to La.R.S. 23:1221 precluded any finding of temporary or permanent total disability while Mr. LeBlanc engaged in any type of employment, even under the difficult circumstances here. See La.R.S. 23:1221(1)(b) & (2)(b).

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove, by clear and convincing evidence and without a presumption of disability, that the employee is physically unable to engage in any employment or self-employment.

Guidry v. Picadilly Cafeterias, Inc. · filed 1995-05-24(1)(c)

An employee seeking TTD benefits must prove by clear and convincing evidence, unaided by any presumption of disability, that she is physically unable to engage in any employment or self-employment. La.R.S. 23:1221(1)(c).

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that she is physically unable to engage in any employment or self-employment.

Howell v. Service Merchandise Co., Inc. · filed 1995-08-09(1)(c)

An employee seeking TTD benefits must prove by clear and convincing evidence, unaided by any presumption of disability, that she is physically unable to engage in any employment or self-employment. La.R.S. 23:1221(1)(c).

Section 23:1221(l)(c) requires an employee seeking temporary total disability benefits to prove entitlement by clear and convincing evidence, and § 23:1221(l)(d) does not support benefits when the medical evidence shows no disabling injury.

Jackson v. Conagra Broiler Co. · filed 1995-08-30(l)(c); (l)(d)

An employee seeking TTB must establish and prove his entitlement to TTB by clear and convincing evidence. La.R.S. 23:1221(l)(c). The medical evidence submitted by the claimant fails to reasonably support Jackson’s assertion he suffers from a lower back injury or any other injury at this time that would entitle him to TTB. Moreover, the weight of the medical evidence contained in the record also shows that Jackson is no longer suffering from a disabling knee injury that would entitled him to TTB. La. R.S. 23:1221(1)(d).

Section 23:1221 requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence that the employee is physically unable to engage in any employment or self-employment, without relying on a presumption of disability.

Arnold v. Cavanaugh Aviation · filed 1995-10-04

Compensation for temporary total disability shall be awarded only if the employee proves by clear and convincing evidence that he or she is physically unable to engage in any employment or self-employment. The employee must discharge this burden unaided by any presumption of disability. La.R.S. 23:1221.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the claimant is physically unable to engage in any employment.

Triche v. Regional Elec. & Const., Inc. · filed 1995-10-06(1)(c)

Pursuant to LSA-R.S. 23:1221(1)(c), a claimant has the burden of proving his temporary disability by clear and convincing evidence. ... In the absence of clear and convincing evidence that the employee is physically unable to engage in any employment, the claimant's demand for temporary total compensation benefits must fail.

Section 23:1221 sets temporary-total-disability compensation at two-thirds of wages during the disability period.

Brooks v. Leggett & Platt, Inc. · filed 1995-11-09

The rate of compensation owed for an injury producing temporary total disability is 662/3 % of wages during the period of such disability. La.R.S. 23:1221.

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that she is physically unable to engage in any employment or self-employment.

Rideaux v. Franklin Nursing Home · filed 1995-11-22(1)(c)

An employee seeking TTD benefits must prove by clear and convincing evidence, unaided by any presumption of disability, that she is physically unable to engage in any employment or self-employment. La.R.S. 23:1221(1)(c).

Section 23:1221 permits temporary total disability benefits to continue until the injured employee is released to return to work and does not require an extension application when weekly benefits have not yet begun.

Eglin v. United Gas Pipeline · filed 1996-01-24(1)(d), (1)(a)

The third statutory element requires the existence of installments not yet due under the award. United contends that Eglin had already received the maximum number of payments under the award because Eglin failed to file for an extension of TTD benefits pursuant to La.R.S. 23:1221(1)(d). ... This court in the instant case on prior appeal held that where weekly benefits had not yet begun, Eglin was not required to apply for an extension. ... At the time Eglin filed his rule for acceleration, he had not begun to receive his weekly benefits. We therefore conclude that the hearing officer did not err in finding that there remained installments not yet due under the award. ... No statutory provision provides a set, maximum number of weeks for which TTD benefits can be collected. Rather, jurisprudence provides that TTD benefits are payable until the injured employee is released to return to work by his treating physician. See La.R.S. 23:1221(1)(a), and Tassin v. Cigna Ins. Co., 583 So.2d 1222 (La.App. 3 Cir.1991). Clearly, this does not provide an easily discernable period of benefits for purposes of acceleration pursuant to La.R.S. 23:1333.

Section 23:1221(1) sets temporary total disability benefits at sixty-six and two-thirds percent of the employee's wages during the period of disability.

Pierce v. Louisiana Maintenance Service, Inc. · filed 1996-01-30(1)

The benefits due to claimant for temporary total disability are sixty-six and two-thirds percent of his wages during the period of disability. La.R.S. 23:1221(1). The applicable average weekly wage rate, according to the evidence at trial, was $369.38. [2] Sixty-six and two thirds of that average weekly wage equals $246.23.

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence that he is physically unable to engage in any employment or self-employment.

Johnson v. Temple-Inland · filed 1996-01-31(1)(c)

An employee is entitled to receive temporary total disability benefits only if he proves that he "is physically unable to engage in any employment or self-employment." La.R.S. 23:1221(1)(c). Effective January 1, 1990, a claimant must prove a disability that renders him unable to work by clear and convincing evidence. Belaire v. L & L Oil Co., 93-1198 (La.App. 3 Cir. 5/4/94); 636 So.2d 1177.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the claimant is physically unable to engage in any employment or self-employment.

Lucius v. HB Zachry Co. · filed 1996-05-08(1)(c)

Pursuant to La.R.S. 23:1221(1)(c), Lucius had to prove by clear and convincing evidence, unaided by any presumption of disability, that he was physically unable to engage in any employment or self-employment in order to be entitled to temporary total disability benefits.

Section 23:1221(1)(a) sets temporary-total-disability compensation at sixty-six and two-thirds percent of the employee's wages.

Clifton v. Ditto's Apparel · filed 1996-05-08(1)(a)

La.R.S. 23:1221(1)(a) provides that compensation for temporary total disability shall be paid at the rate of sixty-six and two-thirds percent of an employee's wages.

For temporary total disability benefits, “wages” must be calculated using the federal minimum wage when the worker was illegally paid less than that wage.

Breaux v. Hoffpauir · filed 1996-05-21(1)(a)

We hold that when a worker who is paid less than he is due under the Fair Labor Standards Act and is injured arising out of and in the course of his employment, the amount of workers' compensation due to the injured worker under La.R.S. 23:1021 et seq. should be based on what the worker should have been legally paid pursuant to the federal minimum wage. Therefore, we reverse the court of appeal's affirmance of the hearing officer's ruling that "wages" under La. R.S. 23:1221(1)(a) means actual wages in such a case, and remand this case to the Office of Workers' Compensation for further proceedings consistent with this opinion.

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the employee is physically unable to engage in any employment or self-employment.

Miller v. Byles Welding & Tractor Co. · filed 1996-06-05(1)(c)

An employee seeking TTD benefits must prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment. La.R.S. 23:1221(1)(c). ... Since we have found that Miller was unable to return to work absent a rehabilitation program, he was entitled to TTD benefits.

For an employee injured under the 1989 version, § 23:1221(1)(b) required TTD benefits to cease only when the physical condition had sufficiently resolved and improved so that disability could be reliably determined and regular physician treatment was no longer required; employment alone was insufficient.

Bonded Freight, Inc. v. Bowens · filed 1996-06-12(1)(b)

The reason given for reclassifying benefits, thereby terminating TTD benefits, was that Bowens became employed, not that the physical condition had resolved and improved as required by La.R.S. 23:1221(1)(b) as it read in 1989. ... It was error to base the cessation of TTD benefits solely on the fact of employment. ... From the evidence, we find that LIGA did not prove a factual basis for the cessation of the award of benefits based on TTD as required by La.R.S. 23:1221(1)(b).

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the employee cannot engage in any employment or self-employment, including work performed while in pain.

Fritz v. Home Furniture-Lafayette · filed 1996-07-24(1)(c)

An employee seeking TTD benefits must prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment, regardless of the nature or character of the work, including but not limited to employment while working in pain. La.R.S. 23:1221(1)(c); Anderson v. Biedenharn Bottling Group, 95-646 (La.App. 3 Cir. 11/2/95); 664 So.2d 588; Rosella v. DeDe's Wholesale Florist, 607 So.2d 1055 (La.App. 3 Cir.1992). ... After a review of the medical evidence and Fritz's testimony, we are unable to conclude that the hearing officer was clearly wrong in finding that Fritz failed to prove by clear and convincing evidence that he is unable to engage in any gainful occupation and, therefore, that he is not entitled to TTD benefits.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without relying on a presumption of disability, that the claimant is physically unable to engage in any employment or self-employment.

Faul v. Bonin · filed 1996-08-07(1)(c)

In order to receive compensation for temporary total disability, the claimant must prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment. La.R.S. 23:1221(1)(c).

Section 23:1221(1) provides temporary total disability benefits for an injury that temporarily prevents an employee from working for wages; an unemployed employee must prove by clear and convincing evidence, without a presumption of disability, that the employee is physically unable to work.

Aymond v. RJ Jones & Sons · filed 1996-11-20(1)

Entitlement to TTD benefits is governed by La.R.S. 23:1221(1). La.R.S. 23:1221(1) provides, in part, that: Compensation shall be paid under this Chapter ... 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. * * * * * * (c) ... whenever the employee is not engaged in any employment or self-employment... 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[.] A claimant may prove an inability to engage in gainful employment due to substantial pain.

Section 23:1221(1)(c) provides temporary total disability benefits only when the employee proves that the work injury leaves the employee physically unable to engage in any employment or self-employment.

Watkins v. Asphalt Associates, Inc. · filed 1996-12-04(1)(c)

An employee is entitled to receive temporary total disability benefits only if he proves that he "is physically unable to engage in any employment or self-employment." La.R.S. 23:1221(1)(c). Effective January 1, 1990, a claimant must prove a disability that renders him unable to work by clear and convincing evidence.

Section 23:1221(l)(a) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without relying on a presumption of disability, that the employee is physically unable to engage in any employment.

Banks v. Jefferson Parish School Board · filed 1996-02-14(l)(a)

To qualify for temporary total disability benefits, an employee must prove by “clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment....”

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption, that she cannot engage in any type of employment.

Malbrue v. St. Landry Parish School Bd. · filed 1996-04-24(1)(c)

To be entitled to receive TTD benefits, Malbrue has the burden of proving by clear and convincing evidence, unaided by any presumption, that she cannot engage in any type of employment. La.R.S. 23:1221(1)(c); Bailey v. Smelser Oil & Gas, Inc., 620 So.2d 277 (La.1993); Bundren v. Affiliated Nursing Homes, 94-808 (La.App. 3 Cir. 2/1/95), 649 So.2d 1177.

Section 23:1221(1)(c) requires an employee seeking TTD benefits to prove by clear and convincing evidence that he is physically unable to engage in any employment or self-employment.

Spell v. Conn Appliances, Inc. · filed 1997-10-08(1)(c)

An employee is entitled to receive TTD benefits only if he proves by clear and convincing evidence that he is physically unable to engage in any employment or self-employment.

Section 23:1221(1)(b) bars temporary total disability benefits for periods when the employee is engaged in employment, including employment while working in pain.

Jones v. El Mesero Restaurant · filed 1997-10-29(1)(b)

A claimant will not be entitled to temporary total disability benefits for time she is employed. ... In order for a claimant to prove an inability to engage in any employment on account of pain, La.R.S. 23:1221(1) requires proof that the pain is substantial enough to make the pursuit of gainful employment an impossibility. ... First, we note that claimant was not entitled to temporary total disability benefits during the ten-month period she continued working at El Mesero. ... As such, temporary total disability benefits were not available during this period of time. La.R.S. 23:1221(1)(b).

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence that the employee is physically unable to perform any type of employment.

Wiley v. Logging · filed 1998-03-06(1)(c)

However, such benefits are recoverable only after the employee proves, by clear and convincing evidence, that he is physically unable to perform any type of employment. La.R.S. 23:1221(1)(c).

Section 23:1221(l)(c) requires a claimant seeking temporary total disability benefits to prove entitlement by clear and convincing evidence, supported by objective medical evidence.

Frantz v. Southern Scrap Material Co. · filed 1998-04-22(l)(c)

A claimant must prove by clear and convincing evidence his entitlement to temporary total disability benefits.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the claimant is physically unable to engage in any employment or self-employment.

Curtis v. Wet Solutions, Inc. · filed 1998-12-09(1)(c)

In order to prove entitlement to temporary total disability (TTD) benefits, a claimant must prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment. La. R.S. 23:1221(1)(c). Clear and convincing evidence is a heavier burden than the "preponderance of the evidence" standard, but is less than the "beyond a reasonable doubt" standard.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence that the injury leaves the claimant physically unable to engage in any employment.

Gordon v. Sandersons Farms · filed 1997-05-09(1)(c)

Benefits for temporary total disability shall be awarded only if a claimant proves by clear and convincing evidence that he is physically unable to engage in any employment.

For temporary total disability benefits, “wages” are calculated using the wage the employee was legally entitled to receive, rather than an erroneously lower wage actually paid.

Stutes v. Albertson's Inc. · filed 1997-10-29(1)(a)

Therefore, we hold that States’ “wages” should be based on an hourly wage rate of $10.05 per hour.

Section 23:1221(l)(a) provides temporary-total-disability benefits when an injury prevents an employee from engaging in any occupation for wages.

Wells v. Louisiana Industries · filed 1998-12-23(l)(a)

La.R.S. 23:1221(l)(a) states, in part, that benefits are to be paid, “[f]or any injury producing temporary total disability of an employee to engage in any ... occupation for wages.” ... The testimony concerning Wells’ inability to return to gainful employment was uncontradicted. Dr. Nelson testified that Wells was not able to perform his job during the time he treated him. Accordingly, the award of TTD benefits is extended to include the period of May 2, 1995 through June 12, 1995. LI shall be responsible for Dr. Nelson’s medical expenses.

Section 23:1221(1)(a) defines temporary total disability, subsection (1)(c) requires clear and convincing proof that a nonworking employee cannot perform any employment, and subsection (1)(d) ends TTD benefits when the employee's condition permits a reliable disability determination and no further regular physician treatment is needed.

Fisher v. Lincoln Timber Co. · filed 1999-01-24(1)(a), (1)(c), (1)(d)

An employee is entitled to TTD benefits if he sustains a work-related injury "producing temporary total disability ... 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 the injury was particularly fitted by reason of education, training, or experience[.]" La. R.S. 23:1221(1)(a). When such an employee is not working, TTD compensation is proper "only if the employee proves by clear and convincing evidence, unaided by any presumption of disability," that he is physically unable to engage in any employment or self-employment, "including but not limited to any and all odd-lot employment, sheltered employment, or employment while working in any pain[.]" La. R.S. 23:1221(1)(c). ... Even so, TTD benefits "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." La. R.S. 23:1221(1)(d). Furthermore, even the claimant who can perform only sedentary work is not entitled to TTD benefits.

Section 23:1221(1)(c) requires clear and convincing proof, without a presumption of disability, that an employee is physically unable to perform any employment to receive temporary total disability benefits.

Johnson v. Transamerican Waste Co. · filed 1999-06-02(1)(c)

An employee's entitlement to temporary total disability benefits is set forth in La.R.S. 23:1221(1)(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.... We conclude that Johnson is entitled to temporary total disability benefits from December 15, 1997, to the present.

Section 23:1221 provides temporary total disability benefits at 66 2/3% of wages during the period of disability.

Ziegler v. Bagby Construction/LWCC · filed 2000-04-25

Under La. R.S. 23:1221, Ziegler is entitled to benefits in the amount of 66 2/3 % of his wages during the period of his disability.

Section 23:1221(1)(c) requires clear and convincing proof that a claimant is physically unable to engage in any employment before temporary total disability benefits may be awarded.

Collins v. Family Dollar Stores, Inc. · filed 2000-05-12(1)(c)

Benefits for temporary total disability shall be awarded only if a claimant proves by clear and convincing evidence that he is physically unable to engage in any employment. La. R.S. 23:1221(1)(c). ... Applying the above analysis to the present case, it is readily apparent that Ms. Collins satisfied her burden of proving by clear and convincing evidence that because of the work-related injury she sustained, she was physically unable to engage in any employment.

Section 23:1221(1)(d) ends temporary total disability benefits only when the employee's condition permits a reasonably reliable disability determination and has improved enough that continued regular physician treatment is unnecessary.

Alexander v. Roy O. Martin Lumber Co. · filed 2001-05-09(1)(d)

La.R.S 23:1221(1)(d) states that: 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. As Martco sought to have Ms. Alexander's TTD benefits reduced, it had the burden of proving by a preponderance of the evidence the essential elements for terminating TTD benefits as found in La. R.S. 23:1221(1)(d). ... We conclude that Martco has failed to demonstrate that Ms. Alexander's injury "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," (La.R.S.23:1221(1)(d)) even though she is functioning as a college student. In light of the unwavering medical opinion of her treating physician, Dr. Rambach, regarding Ms. Alexander's inability to work at this time, we find no manifest error in the WCJ's rejection of Martco's request to reduce Ms. Alexander's TTD benefits.

Section 23:1221(1)(c) requires an unemployed claimant seeking temporary total disability benefits to prove by clear and convincing evidence that the claimant is physically unable to perform any employment, including work while in pain.

Araujo v. Marriott Corp. · filed 1999-03-30(1)(c)

La.R.S.23:1221 provides for temporary total disability; permanent total disability; supplemental earnings benefits and permanent partial disability. ... For temporary total disability, the statute states: Compensation shall be paid under this Chapter in accordance with the following schedule of payments: (1) Temporary total. ... (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. ... In this case, the judge determined that plaintiff failed to prove that she cannot work in any job. ... Based on the evidence, we find no manifest error in the judge's determination that plaintiff can perform the job offered by defendant.

Section 23:1221(l)(c) requires an employee to prove by clear and convincing evidence, without a presumption of disability, that she is physically unable to perform any employment or self-employment, including work while in pain, to receive temporary total disability benefits.

Brawley v. International Maintenance Corp. · filed 1999-05-05(l)(c)

An employee is entitled to temporary total disability benefits if she proves by clear and convincing evidence, unaided by any presumption of disability, that she is physically unable to engage in any employment or self-employment, including but not limited to employment while working in pain. La.R.S. 23:1221(l)(c); Boutte v. Langston Cos., Inc., 97-972 (La.App. 3 Cir. 2/4/98); 707 So.2d 1315.

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the employee cannot perform any employment or self-employment.

McCray v. Delta Industries, Inc. · filed 2001-09-28(1)(c)

An employee seeking temporary total disability benefits must prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment, regardless of the nature or character of the work, including but not limited to employment while working in pain. La. R.S. 23:1221(1)(c).

Subsection (1)(c) requires clear and convincing proof that the claimant cannot perform any employment, and subsection (1)(d) ends TTD when disability can be reliably assessed and regular physician treatment is no longer needed.

Navarre v. K-MART · filed 2001-11-27(1)(c), (1)(d)

Under La. R.S. 23:1221(1)(c), to establish entitlement to TTD benefits, the claimant must prove by clear and convincing evidence that he is unable to engage in any employment. There is no medical evidence in this record to support a finding that this Claimant cannot perform any type of employment. To the contrary, the reports of both doctors indicate that the Claimant can return to work with lifting and bending restrictions. The Claimant states that he remains in pain. However, working in pain does not entitle a claimant to TTD benefits. ... Further, the statute provides that an award for TTD benefits shall cease when the condition has resolved itself to the point that a reasonably reliable determination of the extent of disability can be made and treatment by a physician is no longer needed. In other words, when the claimant no longer requires treatment and his physical condition has stabilized, an award for TTD benefits is no longer appropriate and a determination regarding the extent of the Claimant's disability must be made. ... Under La. R.S. 23:1221(1)(d) the Claimant's entitlement to TTD benefits must cease.

Section 23:1221(1)(c) requires clear and convincing proof that an employee is physically unable to engage in any employment, while Paragraph (1)(d) governs when temporary total disability benefits cease.

Clark v. Town of Basile · filed 2002-03-27(1)(c), (1)(d)

Under La.R.S. 23:1221(1)(c) an employee is only eligible for ttd benefits under specific circumstances. The current statute provides an employee is allowed "compensation for temporary total disability... only if the employee proves by clear and convincing evidence ... that the employee is physically unable to engage in any employment or self-employment, ... notwithstanding the location or availability of such employment." ... A worker who is able to perform light duty work is not entitled to ttd benefits. ... La.R.S. 23:1221(1)(d) provides the duration an employee is eligible for ttd benefits. The statute provides as follows: (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, or six months after the injury, whichever first occurs. If the claimant contends that his disability is of a temporary nature, but extends beyond this six-month period, he must submit a claim for extension of the period of temporary total disability under R.S. 23:1310.3.

Subsection (1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence that the employee is physically unable to engage in any employment or self-employment, supported by medical evidence of disability.

Blair v. Wal-Mart Stores, Inc. · filed 2002-05-15(1)(c)

An employee's entitlement to TTD is governed by La. R.S. 23:1221(1)(c), which provides that: [W]henever the employee is not engaged in any employment ... compensation for temporary total disability shall be awarded only if the employee proves by clear and convincing evidence, that the employee is physically unable to engage in any employment or self-employment. To satisfy the elevated burden of proving by clear and convincing evidence, the jurisprudence has recognized that an employee must introduce medical evidence of a disability. ... As noted, to satisfy her burden of proving by clear and convincing evidence her physical inability to engage in any employment, Ms. Blair was required to introduce medical evidence of her disability. Ms. Blair's own testimony falls short of establishing by clear and convincing evidence her entitlement to TTD. See Lightell v. City of New Orleans, 96-2013, p. 4 (La.App. 4 Cir. 2/19/97), 689 So.2d 732, 735. Indeed, Ms. Blair acknowledged in both her deposition and at trial her ability to engage in some, albeit limited and perhaps unavailable due to her limited education, type of job. [3] Although we sympathize with plaintiff's plight, her failure to produce any other medical evidence of a disability requires that we, as Wal-Mart suggests, limit the award of TTD to the two months of disability established by her doctors' notes.

Section 23:1221(1)(c) requires a worker seeking temporary total disability benefits to prove by clear and convincing evidence that the work injury prevents any gainful occupation, whether or not it is the same work previously performed.

Garnier v. Orleans Parish School Bd. · filed 2002-07-31(1)(c)

A worker seeking temporary (TTD) must prove by clear and convincing evidence that he or she is unable to engage in any gainful occupation, whether or not the same type of work he or she was engaged in at the time of injury. La. R.S. 23:1221(1)(c). A worker claiming entitlement to (SEB) based on a partial disability must prove partial disability as a result of work-related injury and the inability to earn 90% of the wages he earned before the injury. Parker, supra . Ms. Garnier's claim for TTD benefits is wholly unsupported. Even Drs. Jarrott and Manning opined that she was capable of performing sedentary work. She is not entitled to TTD benefits after February 1998.

Section 23:1221(l)(c) requires clear and convincing proof, without a presumption of disability, that the employee is physically unable to engage in any employment to receive temporary total disability benefits.

McCraw v. Dime Mortgage Co. · filed 2002-12-11(l)(c)

Moreover, such an award by the WCJ is not within the dictates of La. R.S. 23:1221(l)(c), which requires as follows: ... McCraw clearly was not eligible for TTD benefits in light of the fact that every doctor by whom she was treated or examined (i.e., Drs. Brown, Smith, Bailey and Goodman) opined that she was capable of performing some sort of work. McCraw offered no evidence at trial, let alone clear and convincing evidence, that she was “physically unable to engage in any employment .... ” Therefore, in light of the evidence presented at trial, any award of TTD benefits to McCraw by the WCJ was manifestly erroneous pursuant to La. R.S. 23:1221(l)(c).

Section 23:1221(2)(c) requires a claimant seeking temporary or permanent total disability benefits to prove by clear and convincing evidence that she is unable to engage in any employment.

Brown v. Dynacare · filed 2002-12-11(2)(c)

To qualify for temporary or permanent total disability benefits, a claimant must prove by clear and convincing evidence that she is unable to engage in any | Remployment. La. R.S. 23:1221(2)(c).

Section 23:1221(l)(e) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the employee is physically incapable of engaging in any employment, including employment while working in pain.

Green v. L & F Constr., Inc. · filed 2002-10-30(l)(e)

La.R.S. 23:1221(l)(e) provides that an employee who seeks temporary total disability benefits must prove by clear and convincing evidence, without a presumption of disability, that he is physically incapable of engaging in any employment, ... regardless of the nature ... of the employment ..., including but not limited to ... employment while working in pain, notwithstanding the location or availability of any such employment or self-employment.

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the employee cannot perform any employment or self-employment.

Barbarin v. TLC Home Health · filed 2003-04-29(1)(c)

La.R.S. 23:1221(1)(c) provides: (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. (Emphasis added.) ... After reviewing the evidence, we conclude that the trial judge did not err in finding the Plaintiff to be TTD. ... Given her current condition and the prognosis of possible recovery in the future, we find that the workers' compensation judge was not manifestly erroneous in finding the Plaintiff TTD.

Section 23:1221(1)(a) defines temporary total disability, subsection (1)(c) requires clear and convincing proof that a nonworking employee cannot engage in any employment, and subsection (1)(d) ends benefits when the disability can be reliably assessed and continued regular medical treatment is no longer required.

Thomas v. Wal-Mart · filed 2003-05-09(1)(a), (1)(c), and (1)(d)

An employee is entitled to temporary total disability benefits (TTD) if he sustains a work-related injury "producing temporary total disability ... 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." La. R.S. 23:1221(1)(a). When such an employee is not working, TTD compensation is proper "only if the employee proves by clear and convincing evidence, unaided by any presumption of disability," that he is physically unable to engage in any employment or self-employment, "including but not limited to any and all odd-lot employment, sheltered employment, or employment while working in any pain." La. R.S. 23:1221(1)(c). ... Louisiana Revised Statutes 23:1221(1)(d) provides as follows with regard to the duration of an award of TTD benefits: 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.

Section 23:1221(1)(c) requires clear and convincing proof that an employee is physically unable to engage in any employment for temporary total disability benefits, and Section 23:1221(1)(d) ends those benefits when the employee's condition permits a reliable disability determination and no longer requires continued regular medical treatment.

Stelly v. Health South Rehabilitation · filed 2003-07-02(1)(c), (1)(d)

To recover temporary disability benefits, an employee must prove: 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. ... Louisiana Revised Statutes 23:1221(1)(d) provides that an award of temporary total disability benefits 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."

Section 23:1221(l)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the employee is physically unable to engage in any employment or self-employment.

Butler v. New Orleans Paddlewheels · filed 2003-12-10(l)(c)

... 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....

Subsection (1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that she is physically unable to engage in any type of employment.

Dronet v. E-Z Mart · filed 2003-12-23(1)(c)

An employee, seeking TTDs has the burden of proving by clear and convincing evidence, unaided by any presumption of disability, that she is physically incapable of engaging in any type of employment.

Section 23:1221(1)(d) requires temporary total disability benefits to continue until the employee's condition permits a reliable determination of disability and has improved so that continued regular physician treatment is no longer required.

Jackson v. Wal-Mart Stores, Inc. · filed 2004-02-10(1)(d)

La. R.S. 23:1221(1)(d) provides that: 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. In his report, Dr. Digrado stated that he recommended arthroscopy, and that thereafter, the claimant should "be able to return to full activity level with no permanent partial disability ... assuming that the findings at arthroscopy match the MRI findings." As is evident by Dr. Digrado's report, and considering that claimant had not had surgery at the time of the hearing in this matter, claimant's physical condition had not yet resolved itself to the point that a reasonable determination of the extent of her disability could be made, nor had she improved to the point that continued, regular treatment by a physician was no longer required. We find that the trial court erred in concluding that claimant was not entitled to temporary total disability after November 11, 2002.

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the employee cannot perform any employment or self-employment.

Hooker v. Wal-Mart Stores, Inc. · filed 2004-03-03(1)(c)

The WCJ found that Hooker was entitled to temporary total disability benefits from September 17, 2002, to October 7, 2002. La. R.S. 23:1221(1)(c), provides, in pertinent part: [C]ompensation 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. ... We, therefore, believe that the WCJ was not manifestly erroneous in concluding that Hooker proved his entitlement to temporary total disability benefits from September 17, 2002, through October 7, 2002.

Subparagraph (1)(c) applies when an employee first seeks temporary total disability benefits and requires clear and convincing proof of inability to work; after benefits have been awarded, Subparagraph (1)(d) governs when those benefits terminate.

Murray v. Hollywood Casino · filed 2004-06-23(1)(c), (1)(d)

La. R.S. 23:1221(1)(c) provides: 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. In applying this statute, the WCJ found that Murray had the burden of proving that she is disabled and unable to work; however, the use of this statute was incorrect. We interpret this statute as applicable when the employee first seeks total temporary disability benefits. The WCJ determined that Murray should have received total temporary disability benefits, so La. R.S. 23:1221(1)(c) would not apply. After the employee has already received the benefits, La. R.S. 23:1221(1)(d) applies at the time a determination must be made as to when those benefits should terminate. La. R.S. 23:1221(1)(d) should have been applied by the WCJ in this case.

Section 23:1221(1)(c) requires an employee to prove entitlement to temporary total disability benefits by clear and convincing evidence.

Wells v. Dunham Price, Inc. · filed 2004-09-29(1)(c)

We find no error in the WCJ’s conclusion that Mr. Wells proved his disability during the months he was off work by clear and convincing evidence as required by La.R.S. 23:1221(1)(c).

Section 23:1221(1)(a) entitles an employee with a temporary total disability to compensation at sixty-six and two-thirds percent of wages during the disability period.

Lemelle v. Wal-Mart Stores, Inc. · filed 2004-09-29(1)(a)

When an employee sustains an injury that produces temporary total disability, he is entitled to be compensated at the rate of “sixty-six and two-thirds percent of wages during the period of such disability.” La.R.S. 23:1221(1)(a).

(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence that he is unable to engage in any employment.

Allen v. Schneider National Bulk Carriers · filed 2004-10-26(1)(c)

To be entitled to TTD benefits, a claimant must prove by clear and convincing evidence that he is unable to engage in any employment. La. R.S. 23:1221(1)(c). ... Therefore, we find the claimant has met his burden of proof that he is entitled to TTD for the period awarded.

Section 23:1221(1)(d) requires temporary-total-disability benefits to continue until the employee’s physical condition has improved enough to determine the extent of disability and regular physician treatment is no longer required.

Moore v. Conagra Poultry Co. · filed 2005-01-26(1)(d)

Subsection (d) of the statute specifies that such an award shall cease when (1) the employee's physical condition has resolved to the point where her disability may be determined and (2) continued regular treatment by a physician is not required. Clearly by July 2002 the medical cause and extent of Moore's disability had not yet been fully determined. Notably, at that point in Moore's treatment the only extant medical recommendation was for surgery. The equivocal order from Dr. Ballard ordering that Moore not use her right arm, but not explicitly allowing her back to work with that restriction, is insufficient to satisfy La. R.S. 23:1221(1)(d).

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits after voluntary payments are terminated to prove by clear and convincing evidence, unaided by any presumption of disability, that the claimant is physically unable to engage in any employment or self-employment; subsection (1)(d) governs when an existing award of temporary total disability benefits ceases, after the employee's condition permits a reliable determination of disability and continued regular physician treatment is no longer required.

Collins v. Patterson Drilling · filed 2005-05-11(1)(c), (1)(d)

To obtain an award of TTD's, a claimant must prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment. La. R.S. 23:1221(1)(c); ... As in the cases cited above, Collins' claim for TTD benefits should have been analyzed under the standard of proof set forth in La. R.S. 23:1221(1)(c). ... La. R.S. 23:1221(1)(d) governs when an "award of benefits" shall cease. Thus, the WCJ's reliance on La. R.S. 23:1221(1)(d) in denying Collins' claim for TTD's is legal error.

Section 23:1221(1) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence that she is physically unable to perform any employment, including work performed in pain.

Taylor v. Wal-Mart Stores, Inc. · filed 2005-09-21(1)

An injured employee seeking temporary total disability benefits must prove by clear and convincing evidence that she is physically unable to engage in any employment, regardless of its nature, including employment while working in pain. La. R.S. 23:1221(1); ... We find this evidence to be insufficient to satisfy Taylor's burden of proof for temporary total disability benefits or additional medical benefits. ... In short, Taylor presented no evidence showing that she was at any time totally disabled from employment.

Section 23:1221(l)(b) prohibits an employee from receiving temporary total disability benefits while working and earning wages.

K-Mart Corp. v. Malbrough · filed 2005-12-22(l)(b)

The clear wording of LSA-R.S. 23:1221(l)(b) prohibits the receipt of [TTD] when an employee is working and earning wages.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence that the claimant is unable to engage in any gainful occupation.

Payne v. Orleans Parish School Bd. · filed 2006-03-02(1)(c)

A worker seeking temporary total disability must prove by clear and convincing evidence that he or she is unable to engage in any gainful occupation, whether or not the same type of work he or she was engaged in at the time of injury. La. R.S. 23:1221(1)(c).

Section 23:1221(1)(c) requires an injured employee seeking temporary total disability benefits to prove by clear and convincing evidence that the work-related injury prevents the employee from engaging in any employment or self-employment.

Funderburk v. Nabors Drilling USA, Inc. · filed 2006-04-26(1)(c)

In order to receive temporary total disability benefits, an employee must prove that he is unable to physically engage in any employment or self-employment as a result of his work-related injury. La.R.S. 23:1221(1)(c). The employee’s burden of proof is by clear and convincing evidence; thus, Funderburk must prove that his disability is highly probable or much more probable than not.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the claimant is physically unable to engage in any employment or self-employment.

Taylor v. Hollywood Casino · filed 2006-06-28(1)(c)

To obtain an award of TTD, a claimant must prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment. La. R.S. 23:1221(1)(c).

Section 23:1221(1)(d) provides that temporary total disability benefits cease when the employee's physical condition improves to the point that continued regular treatment by a physician is no longer required.

Marks v. 84 Lumber Co. · filed 2006-09-27(1)(d)

An award for TTD benefits "shall cease when the physical condition of the employee has resolved itself to the point that . . . continued regular treatment by a physician is not required." La.R.S. 23:1221(1)(d). Thus, entitlement to workers' compensation benefits is based on the claimant's ability or inability to earn wages.

Temporary total disability benefits cease when the employee's condition permits a reliable disability determination and has improved so that continued regular physician treatment is no longer required; release to work by a particular treating physician is not the statutory trigger.

Hammock v. Weyerhaeuser · filed 2005-12-14(1)(d)

La. R.S. 23:1221(1)(d) controls the termination of TTD benefits, and a finding by a treating physician of the ability to return to work is not included in the article as a triggering event for termination of TTD benefits.

Temporary total disability benefits require clear and convincing proof that the employee is physically unable to engage in any employment or self-employment, and benefits cease when the employee's condition improves enough that continued regular physician treatment is unnecessary.

Opinion Number · filed 2006-11-06(1)(c), (1)(d)

According to La. R.S. 23:1221 (1)(c) and (d), temporary total disability is awarded only if the employee proves that he is physically unable to engage in any employment or self-employment. This award of benefits ceases when the physical condition of the employee has improved to the point that continued, regular treatment by a physician is not required.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence that the injury leaves the claimant physically unable to engage in any employment or self-employment.

Hosli v. Rent-A-Center, Inc. · filed 2007-04-11(1)(c)

Once he has established the aforementioned elements, a claimant must then show by "clear and convincing" evidence that he is temporarily totally disabled. La. R.S. 23:1221(1). ... Rent-A-Center's next assignment of error concerns the trial court's finding that Mr. Hosli proved by "clear and convincing" evidence that he is totally disabled, i.e. he is physically unable to engage in any employment or self-employment. La. R.S. 23:1221(1)(c). ... In this case, the objective medical evidence supports the trial court's finding that Mr. Hosli is temporarily totally disabled and will continue to be until such time as he recovers from the proposed surgery. Therefore, the court's finding on this issue is not manifestly erroneous.

(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence that the work-related injury leaves him unable to engage in any employment.

Campbell v. City of Leesville · filed 2008-01-30(1)(c)

In order to be entitled to TTD, Mr. Campbell had the burden of proving by clear and convincing evidence that he was unable to engage in any employment as a result of his work-related injury. La.R.S. 23:1221(1)(c). Contrary to the assertions of the City, the record supports the finding that Mr. Campbell continued to be unable to work after August 21, 2006.

Section 23:1221(1)(a) provides temporary-total-disability benefits at sixty-six and two-thirds percent of the employee’s wages during the disability period.

Wanetta Ivory v. Southwest Developmental Center · filed 2008-03-05(1)(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. ... Pursuant to La.R.S. 23:1221(1)(a), sixty-six and two-thirds percent of $260.80 is $173.87.

Section 23:1221(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the claimant cannot perform any employment, while subsection (1)(d) ends those benefits when continued regular physician treatment is no longer required.

Stoute v. Petroleum Center · filed 2008-04-02(1)(c) (1)(d)

An employee seeking temporary total disability benefits must prove by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment, regardless of the nature or character of the work, including but not limited to employment while working in pain. La.R.S. 23:1221(1)(c). ... An award for TTD benefits ‘shall cease when the physical condition of the employee has resolved itself to the point that . . . continued regular treatment by a physician is not required.’ La.R.S. 23:1221(1)(d). This, however, does not resolve the issue. The question for the court is not whether treatment is ongoing, but whether ongoing treatment is required.

Subsections (1)(c) and (2)(c) require a claimant seeking temporary total disability benefits to prove by clear and convincing evidence that the claimant is physically unable to engage in any employment, including working while in pain.

Ebare v. Cubic Applications, Inc. · filed 2009-03-04(1)(c) and (2)(c)

In order to prove entitlement to temporary total disability benefits[,] . . . a claimant must demonstrate by clear and convincing evidence that he is physically unable to engage in any employment, including working while in any pain. La.R.S. 23:1221(1)(c) and (2)(c). Disability is a question of fact.

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that a work-related injury physically prevents all employment or self-employment.

Vidrine v. Teche Electric Supply, Inc. · filed 2009-04-01(1)(c)

In order to receive temporary total disability benefits, an employee must prove his physical inability to engage in any employment or self-employment as a result of his work-related injury. La.R.S. 23:1221(1)(c). The burden of proof in this instance is by “clear and convincing evidence, unaided by any presumption of disability.” La.R.S. 23:1221(1)(c).

Section 23:1221(l)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the work injury physically prevents any employment or self-employment.

Vidrine v. Teche Electric Supply, L.L.C. · filed 2009-04-01(l)(c)

In order to receive temporary total disability benefits, an employee must prove his physical inability to engage in any employment or self-employment as a result of his work-related injury. La.R.S. 23:1221(l)(c). The burden of proof in this instance is by “clear and convincing evidence, unaided by any presumption of disability.” La.R.S. 23:1221(l)(c). ... Based on the evidence presented, we find that it was not unreasonable for the WCJ to find that Mr. Vidrine is still temporarily, totally disabled. Although Drs. Gidman and Foster both found him at maximum medical improvement, both recommended additional testing in order to determine his capabilities prior to returning him to work. Until the functional capacity evaluation and vocational rehabilitation counseling are provided, we find no error in the WCJ’s determination that Mr. Vidrine is entitled to temporary total disability in the amount of $320.02 per week from June 7, 2007.

Subsection (1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that she is physically unable to engage in any employment or self-employment.

Koenig v. Christus Schumpert Health System · filed 2009-05-13(1)(c)

A claimant is entitled to TTD benefits if she proves by clear and convincing evidence, unaided by any presumption of disability, that she is physically unable to engage in any employment or self-employment. ... Because the claimant suffered a disabling aggravation of her preexisting condition due to a work-related accident, she is entitled to TTD benefits.

Section 23:1221(1) requires an injured employee seeking temporary total disability benefits to prove by clear and convincing evidence that the employee is physically unable to engage in any employment, including work while in pain.

Read v. PEL-STATE OIL CO. · filed 2009-05-20(1)

An injured employee seeking temporary total disability (“TTD”) benefits must prove by clear and convincing evidence that he is physically unable to engage in any employment, regardless of its nature, including employment while working in pain. La. R.S. 23:1221(1); ... A claimant may prove disability through medical and lay testimony. The WCJ must weigh all of the evidence to determine if the claimant has met his burden of proving temporary total disability.

Section 23:1221(l)(a) entitles an employee declared temporarily totally disabled to 66⅔% of wages during the disability period.

Perrilloux v. First Guaranty Bank · filed 2009-10-09(l)(a)

An employee declared to be temporarily totally disabled is entitled to sixty-six and two-thirds percent of his/her wages during the period of disability. La. R.S. 23:1221(l)(a). Here, the parties agreed and stipulated that Ms. Perrilloux’s weekly wages were $534.82 per week. The correct TTD benefit, then, would be $356.55. This assignment of error has merit, and we accordingly will amend the judgment to reflect the correct amount.

A claimant seeking temporary or permanent total disability benefits must prove by clear and convincing evidence that the injury makes the claimant physically unable to engage in any gainful occupation.

Riker v. POPEYE'S FRIED CHICKEN · filed 2009-10-23(1)(c) and (2)(c)

A claimant seeking to recover indemnity benefits for a temporary or permanent total disability must prove by clear and convincing evidence that he or she is physically unable to engage in any gainful occupation, whether or not the same type of work claimant was engaged in at the time of the injury. La. R.S. 23:1221(l)(c) and (2)(c).

Subsection (1) requires clear and convincing proof, without a presumption of disability, that a work-related injury physically prevents the employee from engaging in any employment for an award of temporary total disability benefits.

Ward v. Iberia Medical Center · filed 2009-11-10(1)

An employee who proves, by clear and convincing evidence, unaided by any presumption of disability, that they are physically unable to engage in any employment as a result of a work-related injury will be awarded TTD benefits. La.R.S. 23:1221(1). Disability can be proven by both medical and lay testimony, and the WCJ must weigh all of the evidence in order to determine whether the employee has satisfied her burden of proof. Jack v. Prairie Cajun Seafood Wholesale, 07-102 (La.App. 3 Cir. 10/3/07), 967 So.2d 552, writ denied, 07-2388 (La. 2/15/08), 976 So.2d 178. Whether the employee has proven disability is a factual determination that is subject to a manifest error analysis. Id.

To receive temporary total or permanent total disability benefits, a claimant must prove by clear and convincing evidence that the claimant is physically unable to perform any employment, even while in pain.

Burns v. Interstate Brands Corporation · filed 2010-02-03(1)(c) and (2)(c)

In order to prove entitlement to temporary total disability benefits or to permanent total disability benefits, a claimant must demonstrate by clear and convincing evidence that he is physically unable to engage in any employment, including working while in any pain. La.R.S. 23:1221(1)(c) and (2)(c). Disability is a question of fact.

Subsections (1)(c) and (2)(c) require a claimant seeking temporary or permanent total disability benefits to prove by clear and convincing evidence that the claimant is physically unable to perform any employment, including work while in pain.

Celestine v. Firestone Polymers, LLC · filed 2010-05-05(1)(c) and (2)(c)

In order to prove entitlement to temporary total disability benefits or to permanent total disability benefits, a claimant must demonstrate by clear and convincing evidence that he is physically unable to engage in any employment, including working while in any pain. La.R.S. 23:1221(1)(c) and (2)(c). ... Based on these findings, Mr. Celestine is not capable of performing the fit-for-duty test and, thus, would be disabled from performing the A-2 computer operator position as Firestone considers passage of the test mandatory before a surgery patient can return to work. Thus, we find no manifest error in the WCJ’s conclusion that Mr. Celestine is temporarily totally disabled due to his work-related accident of March 7, 2007. We find no merit in Firestone’s second assignment as well.

Section 23:1221(1) requires a claimant seeking TTD benefits to prove by clear and convincing evidence that he is physically unable to engage in any employment, while § 23:1221(l)(d) ends TTD benefits when the condition permits a reliable disability determination and continued regular physician treatment is no longer required.

Whatley v. NABORS DRILLING USA, LP · filed 2009-11-12(1), (l)(d)

An injured employee seeking TTD benefits must prove by clear and convincing evidence that he is physically unable to engage in any employment, regardless of its nature, including employment while working in pain. ... An award of benefits based on TTD 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.

Section 23:1221(1) provides temporary total disability benefits only when the claimant proves by clear and convincing evidence that an injury physically prevents all employment, including work performed while in pain.

Hodge v. Manpower Temporary Services · filed 2010-09-22(1)

A claimant is entitled to temporary total disability (TTD) benefits if he proves by clear and convincing evidence, unaided by any presumption of disability, that he is physically unable to engage in any employment or self-employment, regardless of its nature, including employment while working in pain. La. R.S. 23:1221(1); ... A claimant who can perform light duty work is not entitled to TTD benefits. ... Based upon the record before us, we find that the WCJ was manifestly erroneous in finding that Mr. Hodge was entitled to TTD benefits. ... The plaintiff failed to show by clear and convincing evidence that he is physically unable to perform any employment or self-employment, regardless of its nature, including employment while working in pain. ... Therefore, we find that the WCJ erred in concluding that the evidence supported a finding that the plaintiff is entitled to TTD benefits. Accordingly, we reverse that portion of the judgment awarding past and future TTD benefits to the plaintiff.

Section 23:1221(1)(b) bars temporary total disability benefits when the employee engages in any employment or self-employment, including odd-lot work.

Guillory v. Allied Waste Industries, Inc. & Aig · filed 2010-10-06(1)(b)

Given this testimony coupled with the clear language of La.R.S. 23:1221(1)(b), we find that the WCJ was legally incorrect in awarding Guillory temporary, total disability benefits.

Section 23:1221(1)(c) entitles an unemployed employee to temporary total disability benefits upon clear and convincing proof that she cannot engage in any employment or self-employment.

Quinn v. Vidalia Apparel · filed 2010-12-08(1)(c)

An employee who is not employed is entitled to TTD benefits if the employee proves by clear and convincing evidence that she is unable to engage in any employment or self-employment. ... We find no manifest error in the WCJ’s determination that Ms. Quinn is temporarily totally disabled.

Section 23:1221(1) provides temporary total disability benefits when a worker proves by clear and convincing evidence, without a presumption of disability, an inability to engage in any employment or self-employment caused by a work-related injury.

Kepco Operating, Inc. v. Eubanks · filed 2011-03-09(1), (l)(c)

Pursuant to La.R.S. 23:1221(1), a worker, who satisfactorily proves his inability to physically engage in any employment or self-employment as a result of a work-related injury, will be awarded temporary total disability benefits. Proof is by clear and convincing evidence, unaided by any presumption of disability. La.R.S. 23:1221(l)(c).

Section 23:1221(1) awards temporary total disability benefits when an employee proves by clear and convincing evidence, without a presumption, that a work-related injury physically prevents any employment.

Wilzcewski v. Brookshire Grocery Company · filed 2011-03-16(1)

An employee who proves, by clear and convincing evidence, unaided by any presumption of disability, that she is physically unable to engage in any employment as a result of a work-related injury will be awarded TTD benefits.

Section 23:1221(l)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence that a work-related injury makes the employee unable to engage in any employment or self-employment.

Burkett v. LFI Fort Pierce, Inc. · filed 2011-05-04(l)(c)

In order to receive temporary total disability benefits, an employee must prove that he is unable to physically engage in any employment or self-employment as a result of his work-related injury. La.R.S. 23:1221(l)(c). The employee’s burden of proof is by clear and convincing evidence; thus, [claimant] must prove that his disability is highly probable or much more probable than not.

Section 23:1221(1)(b) bars temporary total disability benefits when an employee is engaged in any employment or self-employment, including odd-lot employment, regardless of its nature or character.

Guillory v. ALLIED WASTE INDUSTRIES, INC. · filed 2010-10-06(1)(b)

Given this testimony coupled with the clear language of La.R.S. 23:1221(l)(b), we find that the WCJ was legally incorrect in awarding Guillory temporary, total disability benefits.

Section 23:1221(1)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the employee is physically unable to engage in any employment or self-employment.

Russell v. H & H Metal Contractors, Inc. · filed 2011-06-01(1)(c)

In order to qualify for TTD benefits, Russell was required to meet the burden of proof required in La.R.S. 23:1221(l)(c).

Section 23:1221(1) requires clear and convincing proof, without a presumption of disability, that a work-related injury makes an employee physically unable to engage in any employment before temporary total disability benefits may be awarded.

Fabacher v. Stine, Inc. · filed 2013-10-09(1)

With regard to the TTD issue, we note that the award of such benefits is appropriate once an employee proves, by clear and convincing evidence, unaided by any presumption of disability, that he or she is physically unable to engage in any employment as a result of a work-related injury. La.R.S. 23:1221(1).

Section 23:1221 requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without considering pain, that the claimant cannot engage in any employment or self-employment.

Henderson v. Graphic Packaging International, Inc. · filed 2013-11-20

A claimant who seeks workers’ compensation benefits on the basis that he is temporarily totally disabled must prove by clear and convincing evidence, without taking pain into consideration, that he is unable to engage in any employment or self-employment. La. R.S. 23:1221; Bolton v. Grant Parish School Bd., 98-1430 (La.3/2/99), 730 So.2d 882; Bailey v. Smel-ser Oil & Gas, Inc., 620 So.2d 277 (La. 1993).

Section 23:1221(1) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence that she is physically unable to engage in any employment or self-employment.

Anderson v. Kroger 747 · filed 2013-12-11(1)

A claimant seeking temporary total disability benefits bears the burden of proving by clear and convincing evidence that she is physically unable to engage in any employment or self-employment. La.R.S. 23:1221(1).

(1)(c) requires a claimant seeking temporary total disability benefits to prove by clear and convincing evidence, without a presumption of disability, that the claimant is physically unable to engage in any employment or self-employment, including work while in pain.

Lamartiniere v. Boise Cascade Corporation · filed 2014-04-09(1)(c)

In order to prove his entitlement to TTDs, Claimant had to prove “by clear and convincing evidence, unaided by any presumption of disability, that [he] is physically unable to engage in any employment or self-employment, regardless of the nature or character of the employment or self-employment, including . . . employment while working in any pain.” La.R.S. 23:1221(1)(c). ... Given the totality of the evidence, we conclude that the WCJ committed manifest error in finding that Claimant proved his current entitlement to TTDs by clear and convincing evidence, a burden which required Claimant to prove by more than a preponderance of the evidence that he was physically unable to engage in any employment. Thus, Boise does not owe Claimant TTDs beyond May 16, 2013, the date this matter was tried.

Section 23:1221(l)(c) requires an employee seeking temporary total disability benefits to prove by clear and convincing evidence that the employee is physically unable to engage in any employment or self-employment, including work performed in pain.

Lamartiniere v. Boise Cascade Corp. · filed 2014-04-09(l)(c)

In order to prove his entitlement to TTDs, Claimant had to prove “by clear and convincing evidence, unaided by any presumption of disability, that [he] is physically unable to engage in any employment or self-employment, regardless of|inthe nature or character of the employment or self-employment, including ... employment while working in any pain.” La.R.S. 23:1221(l)(c). ... Given the totality of the evidence, we conclude that the WCJ committed manifest error in finding that Claimant proved his current entitlement to TTDs by clear and convincing evidence, a burden which required Claimant to prove by more than a preponderance of the evidence that he was physically unable to engage in any employment.

Section 23:1221 requires a claimant seeking total disability benefits to prove by clear and convincing objective medical evidence that he is physically unable to engage in any employment.

Guy Hopkins Construction Co. v. Poole · filed 2014-06-06

A claimant seeking total disability benefits must prove by clear and convincing objective medical evidence that he is physically unable to engage in any employment. La. R.S. 23:1221. ... Moreover, based on the reports of Drs. Jiha and Barrow, the OWC hearing officer found, and we agree, that there was a change in Mr. Poole’s condition in that he was physically able to return to work with restrictions.