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Category Archives: lost wax process
Report From Penland School of Craft
Posted on October 16, 2012 by Betty Py |
Penland School of Craft is a
center for craft education located in the Blue Ridge Mountains in Spruce Pine, North Carolina.
Tim Tate along with Sean Hennessey and Rob Kincheloe have just returned from teaching a class at North Carolina's Penland School Of Craft for a fall session titled: 21st Century Reliquaries. Here are some comments and photos from the class.
The glass studio at Penland.
The guys said they hit the ground running on Monday working doing demonstrations on Rubber Mold Making, Wax Casting, Plaster/Silica Mold Making, Lost wax, Dry Plaster Casting, Painting Glass, Cutting Glass, Glass etching, Flameworking.
Sean Hennessey outlines the process for Dry Plaster Casting to create bas-relief imagery.
Robert Kincheloe shows how wax components are used to create forms in the Lost Wax process.
The WGS team talked through ideas with students, help shape the directions of work, encouraged, excited, and admired all their interest and energy.
Tim Tate outlines the process for creating personal reliquaries.
The class learned new techniques and worked at making artwork from the objects made.
Penland Boardmember Glen Hardymon shows off his new glass slippers made in the lost wax process.
Some surprises for the class – a special flamework demo by
Simone Crestani.
The class techniques taught included pretty much everything except glass blowing. But since the absolutely incredible glass artist Pablo Soto was teaching a glass blowing class in the next room, he had his class make domes for the reliquary class.
Pablo Soto's hot glass class blew the glass for the domes.
After the techniques were taught, learned, and employed, the part of the class where artists pulled it all together was explored – making the reliquaries. Stories of regret were created, stories of anger, stories of triumph, religion, lamenting the death of bees, cheering the death of squirrels, issues of money, sexuality, and hope were all created.
After the students created their works, a "Show & Tell" exhibit.
Yes, thats a real (taxidermied) squirrel with a glass hand grenade.
The class made and presented Tim with a special reliquary. The "F" inside refers to Tim's prolific use of 'f-bombs' in his banter.
All in all a fantastic experiencefor all involved – we'd highly recommend taking a class there!
Posted in dry plaster casting, glass education, lost wax process, north carolina, penland school of craft, robert kincheloe, sean hennessey, Tim Tate
Dragging From He to She -or- "How did Michael become Micaela?"
Posted on October 15, 2012 by Chip Montague |
The wax figures show how our butchie-boy Michael Janis would look like as a girly-girl.
Washington Glass School blog outlines the transformation in "The Process" series.
Bit of back story – Tim Tate is working on new cast glass sculptures and he often models the imagery on objects that he is compelled by. Tim had made a casting of Washington Glass School co-director Michael Janis previously, created to be an element in the collaborative work that he and Marc Petrovic had made in their work Seven Deadly Sins – as the top finial to the sin of "Envy".
Tim Tate & Marc Petrovic "Envy"
Tim wanted to create a cast glass, and he uses the lost wax process to form his elements. As the scale was similar, the original mold of Michael's head was correct, but he needed to transform from dude to dudette.
Michael Janis' mugshot.
A wax mold of the original "Michael" undergoes 'the chop' to the has the extraneous bits – losing his soul patch and porkpie hat.
Original clay figure of Michael's head.
Michael's head as cast in green glass in top finial to "Envy"
The hat is replaced with a perky new 'do, the lips are made fuller, and Michael's chiseled features softened.
The wax head is modified, with a new perky 'do replacing the pork pie hat. And the soul patch is removed as the lips become softer and fuller.
The new wax Micaela is covered in plaster/silica and the wax melted out. The mold is then filled with glass and fired in the kiln. After annealing, the plaster is removed, and Micaela is revealed in her glory.
The new head in wax. Next, a plaster/silica slurry is poured around the head, hardened and the wax melted out. The form is then loaded into a kiln and glass melted into the void.
After firing, the molds are removed and the glass divested.
The new Michael… or is it Micaela?
Other artists have dabbled in cross-dressing – notably:
Mick Jagger, Andy Warhol, Bugs Bunny
Ok – to finish out the blog post – The Kinks performing "Lola"
Posted in cross dressing, drag, lost wax process, mick jagger in drag, the process
In The Studio, Casting Some Flowers
Posted on June 27, 2012 by Michael Janis |
Gaffer Glass Crystal casting billets being set out for kiln firing into lost wax molds.
It is great to see Robert Kincheloe working from the Washington Glass Studio, making some lost wax components. Here are some photos of Rob at work, creating many little flowers in the lost wax process.
Rob makes new elements by pouring melted wax into the silicone rubber forms and letting the was set.
After the wax sets up, Rob pours a plaster/silica mix around and after the plaster hardens, he melts out the wax. The forms are then cleaned and glass is placed into the reservoir and are shown here inside the kiln, awaiting their fate once the kiln heats up.
Rob recounts his adventures & triumphs at Artomatic.
Posted in gaffer glass, lost wax process
The Process: National Geographic's Environment Award
Posted on June 26, 2011 by Chip Montague |
>This posting is the first of a new feature for the Washington Glass School blog: 'The Process'.
The occasional series will present a photo documentation of a project from start (or at least when we remembered to get a camera going) to finish, highlighting the steps, process and techniques involved. Mistakes, dramas, and screw-ups will be magically deleted from the documentation postings, naturally.
Our first of the series is a focus on the making of National Geographic's newest award – the 'National Geographic Arts Ambassador for the Environment Award' . The recipient for the inaugural award is musician Jack Johnson.
Uber-mellow singer-songwriter-surfer-filmmaker Jack Johnson has dedicated himself to environmental causes, including educational initiatives and promoting eco-friendly touring in the music industry.
Musician and environmental activist Jack Johnson was to receive the newly created "Arts Ambassador for the Environment Award," presented to an individual in the entertainment field who has demonstrated leadership in environmental and cultural conservation by elevating issues of sustainability and inspiring audiences to care about the planet. Jack Johnson grew up surfing and playing guitar in Hawaii. He released his first album in 2001 and, in the last ten years, has released 5 more albums that have sold over 20 million copies worldwide. In 2003, Jack and his wife Kim founded the Kokua Hawaii Foundation and Kokua Festival to support environmental education in Hawaii's schools and communities. In 2008, Jack donated 100% of his tour profits to establish the Johnson Ohana Charitable Foundation, an endowment founded by Jack and Kim Johnson to support environmental, art and music education worldwide. These tour profits, along with Johnson's personal charitable activities, have resulted in millions donated to charity since 2001.
In keeping with the environmental conscious theme, the National Geographic Society asked for an award that was made from recycled glass, and a number of designs were studied.
As the award was to be yearly, the concepts had to allow for art ambassadors that worked in areas of interest such as "oceans" or "forests" or "wildlife" and be able to relate equally to those themes. Early on, a globe shape was favored by the National Geographic award committee. Recycled float (window) glass was to be cast using the lost wax process. The National Geographic committee stipulates that the cast glass globe be removable, and options for the support base are explored.
Spraying the clay original with a mold release agent.
Pouring the rubber mold compound around the original clay form.
After setting up – preparing to cut open the rubber mold and remove the clay form. After removal of the clay, melted wax is poured into the rubber mold, and a wax copy of that form is removed.
The wax original.
The wax original is coated with with layers of a plaster/silica mix, building up the form until a solid covering is achieved.
The plaster/silica form is allowed to set up. Once hardened, the wax is melted out – the essence of the 'lost wax' process.
Checking the mold for any wax residue.
Recycled float glass is cleaned and made ready for casting.
The molds are loaded into the electric kilns and glass placed into ceramic pot reservoirs. The glass globes go through a six day annealing cycle.
After the glass is cooled, the forms are removed from the kilns.
The molds are broken open, being mindful of the glass contained within.
Chipping away at the plaster mold.
The glass is cleaned and coldworked. Rough spots are ground and polished to a shine.
Robert Kincheloe evaluates the level of shine on the glass globe continents.
While the cast glass globe is being coldworked, the base for the globe and the award nameplate is being created. A custom ceramic mold is shaped and fired. A flat blank made from recycled glass is fused and made ready to slump into the ceramic mold.
The glass base is fired in the kiln and coldworked to receive the glass globe.
The base is fitted with a clear gasket to prevent chipping of glass.
Studio photos of the award and of the evening were promised by National Geographic – we will post once we get the shots!
About the National Geographic award night:
The theme of the National Geographic's inaugural "Evening of Exploration" celebration was "Oceans," and the event was attended by an all-star cast of explorers and other luminaries, including newly appointed National Geographic Explorers-in-Residence filmmaker James Cameron and marine ecologist Enric Sala, as well as other Explorers-in-Residence who presented the evening's awards: oceanographer Robert Ballard, marine biologist Sylvia Earle, wildlife filmmakers Dereck and Beverly Joubert and population geneticist Spencer Wells.
In keeping with the environmental theme – the appetizers were made from "invasive species" – like snakehead fish sushi.
Besides Jack Johnson, the other honorees included: Environmental anthropologist Kenny Broad and the late underwater photographer Wes Skiles were named "Explorers of the Year," a new award presented in recognition of their extraordinary achievements in exploring and documenting the Blue Holes of the Bahamas in 2010. The National Geographic "Chairman's Award" was presented to IBM for significantly advancing knowledge of the world through its research partnership with National Geographic on the Genographic Project, which is mapping the migratory history of humans.
The master of ceremonies was Wolf Blitzer, CNN's lead political anchor. Following the awards presentation, Johnson performed songs for the crowd.
Jack Johnson performing at the National Geographics award gala.
Proceeds from the evening will benefit National Geographic's Explorer programs, comprising the Explorers-in-Residence, Fellows and Emerging Explorers. The "Evening of Exploration" was the culmination of the two-day National Geographic 2011 Explorers Symposium, an annual event at which National Geographic Explorers-in-Residence, Fellows, Emerging Explorers, grantees and others affiliated with National Geographic gather to share findings of their research and fieldwork and take part in panel discussions.
Posted in "national geographic society", arts ambassador, custom glass award, environment award, glass sculpture, jack johnson, lost wax casting, lost wax process, national geographic, recycled glass art
Rob Kincheloe's Flow Magazine Tutorial
Posted on April 6, 2011 by Michael Janis |
Torchworker Robert Kincheloe has a tutorial on his boro casting technique featured in the latest issue of The Flow glass journal.
In the magazine, he demonstrates how to re-create an object in borosilicate glass using his lost wax casting techniques, and incorporating the cast boro into flamework sculpture.
Rob's tutorial is also available online thru the magazine's website – Click HERE to jump to The Flow's class website.
Posted in borosilicate glass casting, cast borosilicate glass, flamework, flow magazine, lost wax process, sculptural flamework, tutorial
Chinese Glass Artist Lu Chi Visits Washington Glass
L-R Gwen Paulson, Erwin Timmers, Tim Tate, Lu Chi, Michael Janis, Robert Kincheloe, George Koch
Shanghi glass artist Lu Chi visited the Washington Glass School, talking about glass techniques and opportunities to exhibit overseas.
A pioneer of Chinese contemporary glass art, Lu Chi received the very first MFA degree in glass in China from Tsinghua University in Beijing in 2003. She worked as a university teacher in Shanghai for four years and continued her extracurricular education at the Studio of Corning Museum of Glass in New York in 2006 and 2007.
Her works were shown at distinguished venues and international exhibitions such as Glass Art Society 2007 Live Auction in Pittsburgh, "Glass Now 2008" in Philadelphia and a group exhibition in Leo Kaplan and New York. Lu's work will be shown at SOFA Chicago in November, at Navy Pier.
Lu's kilncast glass sculptures are complex forms created in clay and produced using the "lost wax' process. Her largest works are more than 1 meter high. It takes an average of three months to finish one sculpture. Each sculpture can weigh up to 40 kilograms.
Click HERE to jump to her website.
Characters and Roads
kilncast glass
Landscape on the Map
Posted in china, lost wax process, lu chi, luchiglass, shanghi


For me, one way to show my love for God is to live a reduced-waste lifestyle. Not only is it an expression of love for Him to care for His Creation, but it is also a very tangible way for me to love others. Again, think about the phrase from the Book of Common Prayer, that we would use "resources rightly in the service of others." When I talk with friends about having a church event at a neighborhood park and the amount of compost versus trash, many have been amazed because they don't see Christians necessarily as giving a hoot about the environment. By showing my neighbors and community my reverence for the Earth God created, I can show His love and care. I've also found that the small changes I've made to rid the clutter and stuff from my life have actually increased my capacity to love.
I didn't set out to be a crazy "zero waste" lady. But small steps on a long journey have definitely led me down that path.
Mark and I moved to Seattle in 2004 from suburban Kansas City. Seattle made recycling really easy, and with just the two of us it wasn't difficult to fit two weeks of trash into a 20-gallon size trash bin, especially since our recycling container was 96 gallons. This is when we turned onto the road of less waste.
Fast forward to 2011 in Saint Paul. By this time, we had two small children (in disposable diapers). We had our two little bins for paper and plastic/metal recycling and a 32-gallon garbage can. It was at this point I left my job and stayed at home with Charlie and Ellie. In doing so, I began to meet more of our neighbors and make friends.
Through social media, I've connected with neighbors who have become my friends and advocates, and through them, I've learned more about recycling and bartering/trading to keep used items out of landfills. I've definitely gained more reverence for creation, and I've built a relationships, too.
For us, one part of wasting less is gardening and composting. Last spring, Mark built raised beds in the front of our home for us to plant vegetables. We chose the boulevard (the area between the sidewalk and the street) because it's sunny, but also because we want to have a reason for our neighbors to pop by for a chat. Front-yard gardening is a great way to meet people who live nearby!
Last spring, Ramsey County started organic composting at many of its yard waste sites, so we started composting at home and delivering it to the waste site once a week. We were quickly amazed by the decrease in our garbage just by composting food scraps and non-recyclable paper. My kids are so interested in learning what can be composted,and their enthusiasm about gardening and digging in the dirt has made me excited to help others reduce their stuff without putting it in a landfill.
I'd be happy to chat about recycling or composting or point you to resources that can help. These websites are a good place to start!
Thanks, Bjorn! It's been a fun learning experience and has connected us to so many new friends!


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Joe Carnahan, who was trying to direct 'Daredevil' for 20th Century Fox before their rights ran out, has now signed on for another comic book adaption, this time at Warner Brothers. The book is 'Undying Love,' which involves soldiers, vampires, mobsters and the Hong Kong Underground.
This comes from Deadline, and the film has been at Warner Brothers for a while, with Alexander Aja originally set to direct the picture. Carnahan was recently up for 'Daredevil' but by the time he came on the project his involvement proved to be a hail-Mary pass as the rights were about to lapse back into Marvel control. He's since moved on to his proposed remake of 'Death Wish' and has turned in a script, but that he's now attached to this suggests that his 'Death Wish' may never happen.


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Iraq/NEWS
Iraqi rivals invited by head of KRG to dialogue in Erbil
Political dialogue between the country's political rivals in Erbil was called for by the head of northern Iraq's Kurdish Regional Government (KRG), Nechirvan Barzani, on Sunday. Barzani said in a statement, "KRG
Three injured in explosion in northern Iraq causing damages nearby vehicles
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How far does the bitter row between Turkey and Iran reach?
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Iran/Iraq/NEWS
Areas near Iraq's Erbil shelled by Iranian forces, officials say
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Erbil attack sought to be taken to the UN by Iraq's KRG judicial council
On Monday, the Supreme Judicial Council of northern Iraq's Kurdish Regional Government (KRG) called for a complaint to be filed with the United Nations Security Council (UNSC) on the Iranian missile attack
Iran's consul general summoned by Iraq's KRG over Erbil missile attack
Iran's consul general in Erbil was summoned by Iraq's Kurdish Regional Government (KRG) early on Tuesday over an Iranian missile attack on the city. The KRG's Department of Foreign Relations said in
Iran's ballistic missile attack: Why is Erbil targeted?
In order to listen to the article, click on the audio clip below: A dozen ballistic missiles fired from outside Iraq hit a neighborhood near the US consulate complex in Erbil,
Missile attack on Erbil condemned by some Arab League members
On Sunday, several Arab countries, including Egypt, Jordan, Bahrain, and Yemen, condemned a missile attack that struck Erbil in northern Iraq. In one of these instances, the Egyptian Foreign Ministry condemned "in
US, Iraqi officials report missiles fired target US consulate in Erbil
Iraqi security officials have stated that as many as 12 missiles were fired early on Sunday toward the US consulate in Iraq's northern city of Erbil. Missiles have been launched at the
EU's Josep Borrell visits Baghdad, Erbil ahead of October 10 elections
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This is the Ceraunus Blue. It is a small butterfly that is limited to the south. Normally, it looks a dull brown as it usually lands with it's wings folded above it's back. In the early mornings though, it sometimes spreads its wings to warm in the morning sun and you can see the briliant blue that gives it it's name.
Normally, you see the blue as it flitters in the low grass and it disappears as soon as it lands. If you get close enough to examine it, it is one quick flick from leaving so, seeing the brilliant blue of the wingtop at rest is a rare treat.
This entry was posted in Bug and tagged bug, butterfly, Ceraunus blue, Photography. Bookmark the permalink.


I've been thinking a lot about connection lately. I'm not as connected to people as I would like to be. By people I am including many: my children, my husband, my extended family, friends, acquaintances (in person and online), restaurant servers, cashiers, passersby... you get the idea.
I spend too much time in my own mind, in a book, on my iPhone or iPad, and not enough time connecting to people.
This became particularly clear to me last week as I engaged with my baby boy while feeding him his jar of baby food. He tasted the food, wrinkling his round little face for the first few bites while deciding how he felt about it. Then he pressed his lips together and smiled. He studied my face as I studied his. I tickled his feet dangling from the high chair; he squealed with delight.
But, you ask, isn't that connecting? To which I say, exactly! I don't recall many other meals from last week. Usually I scramble to feed myself at the same time or I pull out something to read between spoon feedings or I collect coins on Tap Zoo.
Tap Zoo... really? Therein lies my problem. I feel like I need to be busy, even if it's busy doing something stupid. I've been programmed to multitask. Most of us have. If I'm not doing two things at once, I must be slacking off, right? Wrong! And I'll be honest, I'm really bad at multitasking. It's definitely not something I'm meant to do.
So for today (as you may have seen earlier this week, I'm focusing on today because thinking longterm can be paralyzing) I'm paying attention. Whomever is in my presence is my focus. The reading can wait. The devices can wait. I want to truly see, listen, be attentive. I want to be connected.
Do you have any tips? How do you stay connected to people? Are there places in your day where you might be able to better connect? Leave a comment or send me a tweet @smhutchins.


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text:
Q: APYDataGridBundle - export a lot of data fails I have to export 50000 rows from a table to Excel (or CSV). In future, this would be million or even more. The export function was the reason why I choose this bundle, but now I see that was a mistake.
When there are more than a few thousand rows the bundle just fails. I think this is because of memory limit.
I found this:
public function computeData($grid)
    {
        $data = $this->getGridData($grid);

        $this->content = '
';
        if (isset($data['titles'])) {
            $this->content .= '
';
            foreach ($data['titles'] as $title) {
                $this->content .= sprintf("%s	", htmlentities($title, ENT_QUOTES));
            }
            $this->content .= '
';
        }

        foreach ($data['rows'] as $row) {
            $this->content .= '
';
            foreach ($row as $cell) {
                $this->content .= sprintf("%s	", htmlentities($cell, ENT_QUOTES));
            }
            $this->content .= '
';
        }

        $this->content .= '
';
    }

It seems to get all data at once to one variable.
At least the bundle allows creating own Export class. Anyone know how this bundle allows to for example get data page by page? I think that should be enough. I can't find anywhere method to do this.

A: I resigned from using APY Grid, because its slow and every single thing I wanted to do was to much complicated.
So I decided to build the table using AngularJS. It took me something around 4 hours. Now it looks better and is faster.
Working with my own functions I am now able to export data just the way I want. For this i used StreamedResponse which is my discovery of the week. I paginate data, clear entity manager after each page and send page by page data to receiver. Dont matter what is the stage of script it use less than 20MB memory.
It now can handle bilions of rows.
So if anyone have the same problem I realy recommend do it this way :)

redpajama_set_name: RedPajamaStackExchange


text:
Types of Injuries and Illnesses Covered Under Louisiana Workers Compensation
What Injuries and Illnesses Does Louisiana Workers Compensation Cover?
In the state of Louisiana, workers compensation covers physical injuries that are a result of an on-the-job accident and covers occupational diseases related to employment.
An accident is defined by Louisiana law as a sudden, unexpected event that causes "objective findings of an injury."
An occupational disease is defined by Louisiana law as a disease or illness "characteristic of and peculiar to" a specific position or line of work.
Louisiana workers compensation covers some mental and emotional injuries, but only when these mental and emotional injuries are connected to a serious accident or traumatic event that happened at work.
Additionally, pre-existing conditions are be covered if the condition was aggravated by a work-related accident.
Physical Work Accidents and Injuries in Louisiana Workers Compensation
Louisiana law defines a workers compensation accident as "an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or a progressive degeneration."
Therefore, in order to have a workers compensation claim for a work-related accident, an injured employee must have a work-place event that causes "objective findings of an injury."
However, Louisiana workers compensation does cover some injuries that are caused by repetitive motion. Examples of repetitive motion injuries include lifting, bending, or typing.
Specific Types of Common Work-Related Physical Injuries
Common physical injuries generally covered by Louisiana workers compensation include, but are not limited to:
Aneurysms
Ankle injuries
Blood vessel injuries
Bone injuries
Bruises and bruising
Crushed limbs
Ear injuries and impairment of hearing
Eye injuries and impairment of vision
Feet injuries
Head-aches
Hearing loss or damage
Heart injuries
Herniated and slipped disks
Injuries and illnesses caused by toxic exposure to chemicals
Injuries to extremities
Joint and orthopedic injuries
Losses of limb
Muscular injuries
Permanent injuries
Repetitive stress injuries
Respiratory organ injuries
Spinal cord injuries resulting in paralysis, paraplegia or quadriplegia
Sunstroke in heat prostration
Tendonitis and tendonosis
Traumatic brain injuries (TBIs)
Types of Common Work Accidents Producing Physical Injuries
Common work-related accidents that produce workers compensation injuries include, but are not limited to:
Animal accidents
Burn and heat accidents
Catastrophic work-related accidents
Cold-exposure accidents
Falling accidents
Falling from heights accidents
Falling-object accidents
Faulty machinery accidents
Freezing and frostbite accidents
Hazardous working environment accidents
In-sufficient training accidents
Lifting accidents
Lightning accidents
Overexertion accidents
Pile driving and blasting accidents
Plant and refinery accidents
Safety violation accidents
Service industry accidents
Trip and fall accidents
Twisting accidents
Work-related car accidents
Violent acts
Louisiana workers compensation covers some mental and emotional injuries, but these injuries need to be connected to a severe accident or traumatic event that happened at work.
Such a covered mental injury could be a mental injury that was caused by mental stress, if the mental injury was the result of a sudden, unexpected, and extraordinary stress related to employment. Or the mental injury could be a mental injury caused by physical injury.
Either way, mental injury or illness must be diagnosed by a licensed psychiatrist or psychologist.
So essentially, there are two types of mental stress claims: (1) mental injury caused solely by mental stress, and (2) mental injury caused by a physical injury or trauma. Each of these is governed by different rules under Louisiana workers compensation.
However, the Louisiana Supreme Court has held that mental stress and trauma cases are compensable, even without physical injuries or objective symptoms, so long as the cause was stress arising out of employment-related issues.
Specific Types of Covered Mental and Emotional Injuries
Louisiana workers compensation generally covered the following mental and emotional injuries:
Anxiety disorders caused by stressful work environments
Various mental and emotional disability conditions
Occupational Diseases and Illnesses in Louisiana Workers Compensation
Louisiana workers compensation covers some work-related diseases or illnesses, commonly referred to as occupational diseases or occupational illnesses.
Louisiana law defines a workers compensation occupational disease as a disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease.
Therefore, to have a workers compensation claim for an occupational disease, the employee must have a disease or illness "characteristic of and peculiar to" a specific position or line of work.
Louisiana workers compensation covers certain occupational diseases, including injuries due to work-related carpal tunnel syndrome.
Louisiana workers compensation also covers an occupational disease or illness that is the direct result of exposure to hazardous or toxic materials in the workplace, which is particularly important to those working in Louisiana's oil and gas or chemical and petrochemical industries.
Unfortunately, Louisiana workers compensation does not cover other types of occupational disease, such as degenerative disc disease, spinal stenosis, arthritis of any kind, mental illness, and heart-related or perivascular disease.
However, even though these diseases may be excluded from workers compensation, they may still have a significant impact on the severity of a work-related injury, as well as the time needed to return to work because of an injury.
Also, any occupational disease contracted by an employee while performing work for a particular employer in which he has been engaged for less than twelve months shall be presumed not to have been contracted in the course of and arising out of such employment.
However, this presumption can be overcome, though doing so will likely happen during court proceedings.
Specific Types of Covered Occupational Diseases (Common Occupational Diseases)
Louisiana workers compensation generally has covered the following occupational diseases:
Black lung
Bright's disease
Caisson disease
Diabetic neuritis
Diseases resulting from contact with poisonous substances
Diseases resulting from contact with chemicals
Immune system disorders
Inhalations of gas, fumes or dust
Injuries from chemicals
Kidney diseases
Mental and emotional disability
Multilobar ganglia
Ruptured ulcers
Ulcers abscesses and felons
Fatal Work Accidents in Louisiana Workers Compensation
Louisiana workers compensation entitles surviving family members of a deceased worker to financial support if the worker was killed in a work-related accident.
Louisiana law specifically provides worker compensation death benefits, in the form of a percentage of the deceased person's average weekly wage — plus a one-time funeral benefit — to be paid to:
The deceased worker's spouse living with the worker at the time of the accident and death.
The deceased worker's children who are under age 18;
The deceased worker's children who are full-time students in an accredited educational institution and are under the age of 24;
The deceased worker's children who are physically or mentally incapacitated from earning; and
Any other individuals who can prove actual dependency on the deceased worker.
Also, if the deceased worker had no dependents, but is survived by biological or adopted children, the children are entitled to a single, one-time payment of $75,000.00. This $75,000.00 payment is to be divided between the children equally.
If the deceased worker had no dependents and no biological or adopted children, each surviving parent is entitled to a single, one-time payment of $75,000.00.
The payments to the dependents of a deceased worker are computed and divided equally among them on the following basis:
If the widow or widower alone, then 32.5% of wages;
If the widow or widower and one child, 46.25% of wages;
If the widow or widower and two or more children, 65% of wages.
If one child alone, 32.5% of wages;
If two children, 46.25% of wages;
If three or more children, 65% of wages;
If there are neither widow, widower, nor child, then to the father or mother, 32.5% of wages of the deceased. If there are both father and mother, 65% of wages;
If there are neither widow, widower, nor child, nor dependent parent entitled to compensation, then to one brother or sister, 32.5% of wages with 11% additional for each brother or sister in excess of one. If other dependents than those enumerated, 32.5% of wages for one, and 11% additional for each such dependent in excess of one, subject to a maximum of 65% of wages for all, regardless of the number of dependents.
The total payment to all dependents may not exceed 65% of the average weekly wage or the maximum compensation rate, whichever is lower.
Louisiana workers compensation entitles surviving family members of a deceased worker to receive a lump sum benefit for funeral and burial expenses.
The maximum benefit for funeral and burial expenses is currently $8,500.
But if the reasonable expenses for the burial of an employee are less than $7,500, the difference between such reasonable expenses and $7,500 shall be paid to the heirs of the deceased worker, and such payment shall be in addition to any other benefits paid on behalf of the deceased employee.
Scarring, Disfigurements, and Permanent Injuries in Louisiana Workers Compensation
Louisiana workers compensation offers separate awards for injuries involving permanent scarring or disfigurement.
In most cases, injured workers can receive workers compensation benefits for 100 weeks when scarring or disfigurement occurs, and these benefits expire after that time runs out.
Additionally, if the injured worker suffered a catastrophic injury (such as loss of limb, a severe burn, quadriplegia, or paraplegia), this injured worker may be entitled to a lump sum in addition to other benefits.
Scarring and disfigurements (such as a loss of limb) are usually classified as Permanent Partial Disability (PPD).
In the following cases, workers compensation benefits shall be solely for anatomical loss of use or amputation and shall be paid to the injured worker as follows:
For the loss of a thumb, 66.67% of wages during 50 weeks.
For the loss of a first finger, commonly called the index finger, 66.67% of wages during 30 weeks.
For the loss of any other finger or a big toe, 66.67% of wages during 20 weeks.
For the loss of any toe, other than a big toe, 66.67% of wages during 10 weeks.
For the loss of a hand, 66.67% of wages during one hundred 50 weeks.
For the loss of an arm, 66.67% of wages during 200 weeks.
For the loss of a foot, 66.67% of wages during 125 weeks.
For the loss of a leg, 66.67% of wages during 175 weeks.
For the loss of an eye, 66.67% of wages during 100 weeks.
In all these situations listed above (which involve a permanent partial anatomical loss of use or amputation), the injured worker will receive compensation based on the percentage of impairment to the body part.
So if the injured worker has a 50% impairment rating, then the worker will receive 50% of the allowed weekly benefits listed above.
For scarring and disfigurement benefits in Louisiana workers compensation:
Compensation is not to exceed 66.67% of wages for a period not to exceed 100 weeks may be awarded;
When the disability is susceptible to percentage determination, compensation shall be established in the proportions detailed above; and
When the disability is not susceptible to percentage determination, compensation, as is reasonable, shall be established in proportion to the compensation provided in the cases of a specific disability.
Therefore, in order to be a compensable permanent partial disability, a scar must render the employee "seriously and permanently disfigured."
Louisiana workers compensation judges are allowed great discretion in determining the reasonableness of an award for serious and permanent scarring or disfigurement.
The Louisiana Statutes on Injuries and Illnesses in Louisiana Workers Compensation
The primary Louisiana statutes on injuries and illnesses are La. R.S. 23:1021, La. R.S. 23:1031.1, La. R.S. 23:1221, La. R.S. 23:1231, La. R.S. 23:1232, and La. R.S. 23:1233, which read as follows:
§1031.1. Occupational disease
A. Every employee who is disabled because of the contraction of an occupational disease as herein defined, or the dependent of an employee whose death is caused by an occupational disease, as herein defined, shall be entitled to the compensation provided in this Chapter the same as if said employee received personal injury by accident arising out of and in the course of his employment.
B. An occupational disease means only that disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease. Occupational disease shall include injuries due to work-related carpal tunnel syndrome. Degenerative disc disease, spinal stenosis, arthritis of any type, mental illness, and heart-related or perivascular disease are specifically excluded from the classification of an occupational disease for the purpose of this Section.
C. Notwithstanding the limitations of Subsection B hereof, every laboratory technician who is disabled because of the contraction of any disease, diseased condition, or poisoning which disease, diseased condition, or poisoning is a result, whether directly or indirectly, of the nature of the work performed, or the dependent of a laboratory technician whose death is the result of a disease, diseased condition, or poisoning, whether directly or indirectly, of the nature of the work performed shall be entitled to the compensation provided in this Chapter the same as if said laboratory technician received personal injury by accident arising out of and in the course of his employment.
As used herein, the phrase "laboratory technician" shall mean any person who, because of his skills in the technical details of his work, is employed in a place devoted to experimental study in any branch of the natural or applied sciences; to the application of scientific principles of examination, testing, or analysis by instruments, apparatus, chemical or biological reactions or other scientific processes for the purposes of the natural or applied sciences; to the preparation, usually on a small scale, of drugs, chemicals, explosives, or other products or substances for experimental or analytical purposes; or in any other similar place of employment.
Except as otherwise provided in this Subsection, any disability or death claim arising under the provisions of this Subsection shall be handled in the same manner and considered the same as disability or death claims arising due to occupational diseases.
D. Any occupational disease contracted by an employee while performing work for a particular employer in which he has been engaged for less than twelve months shall be presumed not to have been contracted in the course of and arising out of such employment, provided, however, that any such occupational disease so contracted within the twelve months' limitation as set out herein shall become compensable when the occupational disease shall have been proved to have been contracted during the course of the prior twelve months' employment by a preponderance of evidence.
E. All claims for disability arising from an occupational disease are barred unless the employee files a claim as provided in this Chapter within one year of the date that:
(1) The disease manifested itself.
(2) The employee is disabled from working as a result of the disease.
(3) The employee knows or has reasonable grounds to believe that the disease is occupationally related.
F. All claims for death arising from an occupational disease are barred unless the dependent or dependents as set out herein file a claim as provided in this Chapter within one year of the date of death of such employee or within one year of the date the claimant has reasonable grounds to believe that the death resulted from an occupational disease.
G. Compensation shall not be payable hereunder to an employee or his dependents on account of disability or death arising from disease suffered by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, shall have willfully and falsely represented himself as not having previously suffered from such disease.
H. The rights and remedies herein granted to an employee or his dependent on account of an occupational disease for which he is entitled to compensation under this Chapter shall be exclusive of all other rights and remedies of such employee, his personal representatives, dependents or relatives.
I. Notice of the time limitation in which claims may be filed for occupational disease or death resulting from occupational disease shall be posted by the employer at some convenient and conspicuous point about the place of business. If the employer fails to post this notice, the time in which a claim may be filed shall be extended for an additional six months.
Acts 1952, No. 532, §1; Acts 1958, No. 39, §1; Acts 1975, No. 583, §2, eff. Sept. 1, 1975; Acts 1975, No. 644, §§1, 2; Acts 1980, No. 666, §§1, 2, eff. July 24, 1980; Acts 1989, No. 454, §2, eff. Jan. 1, 1990; Acts 1990, No. 943, §1; Acts 2001, No. 1189, §1, eff. June 29, 2001; Acts 2003, No. 733, §1.
§1221. Temporary total disability; permanent total disability; supplemental earnings benefits; permanent partial disability; schedule of payments
Compensation shall be paid under this Chapter in accordance with the following schedule of payments:
(1) Temporary total.
(a) For any injury producing temporary total disability of an employee to engage in any self-employment or occupation for wages, whether or not the same or a similar occupation as that in which the employee was customarily engaged when injured, and whether or not an occupation for which the employee at the time of injury was particularly fitted by reason of education, training, or experience, sixty-six and two-thirds percent of wages during the period of such disability.
(b) For purposes of Subparagraph (1)(a) of this Paragraph, compensation for temporary disability shall not be awarded if the employee is engaged in any employment or self-employment regardless of the nature or character of the employment or self-employment including but not limited to any and all odd-lot employment, sheltered employment, or employment while working in any pain.
(c) For purposes of Subparagraph (1)(a) of this Paragraph, whenever the employee is not engaged in any employment or self-employment as described in Subparagraph (1)(b) of this Paragraph, compensation for temporary total disability shall be awarded only if the employee proves by clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or self-employment, regardless of the nature or character of the employment or self-employment, including but not limited to any and all odd-lot employment, sheltered employment, or employment while working in any pain, notwithstanding the location or availability of any such employment or self-employment.
(d) An award of benefits based on temporary total disability shall cease when the physical condition of the employee has resolved itself to the point that a reasonably reliable determination of the extent of disability of the employee may be made and the employee's physical condition has improved to the point that continued, regular treatment by a physician is not required.
(2) Permanent total.
(a) For any injury producing permanent total disability of an employee to engage in any self-employment or occupation for wages, whether or not the same or a similar occupation as that in which the employee was customarily engaged when injured, and whether or not an occupation for which the employee at the time of injury was particularly fitted by reason of education, training, and experience, sixty-six and two-thirds percent of wages during the period of such disability.
(b) For purposes of Subparagraph (2)(a) of this Paragraph, compensation for permanent total disability shall not be awarded if the employee is engaged in any employment or self-employment regardless of the nature or character of the employment or self-employment including but not limited to any and all odd-lot employment, sheltered employment, or employment while working in any pain.
(c) For purposes of Subparagraph (2)(a) of this Paragraph, whenever the employee is not engaged in any employment or self-employment as described in Subparagraph (2)(b) of this Paragraph, compensation for permanent total disability shall be awarded only if the employee proves by clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or self-employment, regardless of the nature or character of the employment or self-employment, including, but not limited to, any and all odd-lot employment, sheltered employment, or employment while working in any pain, notwithstanding the location or availability of any such employment or self-employment.
(d) Notwithstanding any judgment or determination that an employee is permanently and totally disabled, if such employee subsequently has or receives any earnings, including, but not limited to, earnings from odd-lot employment, sheltered employment, or employment while working in any pain, such employee shall not receive benefits pursuant to this Paragraph but may receive benefits computed pursuant to Paragraph (3) of this Section, if applicable.
(e) The issue of permanent total disability provided herein shall not be adjudicated or determined while the employee is engaged in employment pursuant to R.S. 23:1226(G), but such employment shall not prevent adjudication or determination of the employee's right to any other benefits otherwise provided in this Chapter; however, the employee shall not by virtue of employment pursuant to R.S. 23:1226(G) be deprived of the right to determination or adjudication of permanent total disability herein at a time when he is not engaged in such employment.
(3) Supplemental earnings benefits.
(a)(i) For injury resulting in the employee's inability to earn wages equal to ninety percent or more of wages at time of injury, supplemental earnings benefits, payable monthly, equal to sixty-six and two-thirds percent of the difference between the average monthly wages at time of injury and average monthly wages earned or average monthly wages the employee is able to earn in any month thereafter in any employment or self-employment, whether or not the same or a similar occupation as that in which the employee was customarily engaged when injured and whether or not an occupation for which the employee at the time of the injury was particularly fitted by reason of education, training, and experience, such comparison to be made on a monthly basis. Average monthly wages shall be computed by multiplying his wages by fifty-two and then dividing the product by twelve.
(ii) When the employee is entitled to monthly supplemental earnings benefits pursuant to this Subsection, but is not receiving any income from employment or self-employment and the employer has not established earning capacity pursuant to R.S. 23:1226, payments of supplemental earning benefits shall be made in the manner provided for in R.S. 23:1201(A)(1).
(b) For purposes of Subparagraph (3)(a), of this Paragraph, the amount determined to be the wages the employee is able to earn in any month shall in no case be less than the sums actually received by the employee, including, but not limited to, earnings from odd-lot employment, sheltered employment, and employment while working in any pain.
(c)(i) Notwithstanding the provisions of Subparagraph (b) of this Paragraph, for purposes of Subparagraph (a) of this Paragraph, if the employee is not engaged in any employment or self-employment, as described in Subparagraph (b) of this Paragraph, or is earning wages less than the employee is able to earn, the amount determined to be the wages the employee is able to earn in any month shall in no case be less than the sum the employee would have earned in any employment or self-employment, as described in Subparagraph (b) of this Paragraph, which he was physically able to perform, and (1) which he was offered or tendered by the employer or any other employer, or (2) which is proven available to the employee in the employee's or employer's community or reasonable geographic region.
(ii) For purposes of Subsubparagraph (i) of this Subparagraph, if the employee establishes by clear and convincing evidence, unaided by any presumption of disability, that solely as a consequence of substantial pain, the employee cannot perform employment offered, tendered, or otherwise proven to be available to him, the employee shall be deemed incapable of performing such employment.
(d) The right to supplemental earnings benefits pursuant to this Paragraph shall in no event exceed a maximum of five hundred twenty weeks, but shall terminate:
(i) As of the end of any two-year period commencing after termination of temporary total disability, unless during such two-year period supplemental earnings benefits have been payable during at least thirteen consecutive weeks; or
(ii) After receipt of a maximum of five hundred twenty weeks of benefits, provided that for any week during which the employee is paid any compensation under this Paragraph, the employer shall be entitled to a reduction of one full week of compensation against the maximum number of weeks for which compensation is payable under this Paragraph; however, for any week during which the employee is paid no supplemental earnings benefits, the employer shall not be entitled to a reduction against the maximum number of weeks payable under this Paragraph; or
(iii) When the employee retires; however, the period during which supplemental earnings benefits may be payable shall not be less than one hundred four weeks.
(e)(i) The fact that an employee has suffered previous disability, impairment, or disease, or received compensation therefor, shall not preclude him from receiving benefits for a subsequent injury or preclude benefits for death resulting therefrom.
(ii) If an employee receiving supplemental earnings benefits suffers a subsequent injury causing the payment of temporary total disability, permanent total disability, or supplemental earnings benefits, the combined benefits payable shall not exceed the maximum compensation rate in effect for temporary total disability at the time of the subsequent injury. Any reduction in benefits due to such limit shall be applied first to the supplemental earnings benefits payable as a result of the prior injury.
(f) Any compensable supplemental earnings benefits loss shall be reported by the employee to the insurer or self-insured employer within thirty days after the termination of the week for which such loss is claimed. The assistant secretary shall provide by rule for the reporting of supplemental earnings benefits loss by the injured worker and for the reporting of supplemental earnings benefits and payment of supplemental earnings benefits by the employer or insurer to the office and may prescribe forms for such reporting. The office, upon request by the employer or insurer, shall provide verification through unemployment compensation records under the Louisiana Employment Security Law of any claimed supplemental earnings benefits loss and shall obtain such verification from other states, if applicable.
(g) When an injured employee has been released to return to work with or without restrictions, and the employer maintains an established written and promulgated substance abuse policy which requires employer-administered drug testing prior to employment or return to work, upon the employee's failure to meet the requirements of such employer's established policy and inability to qualify for the position for that reason, the obligation for all benefits pursuant to this Chapter, with the sole exception of the obligation to provide reasonable and necessary medical treatment, shall be terminated and the employee shall be subject to the terms and conditions established in the employer's promulgated drug testing policy and program. The provisions of this Subparagraph shall not apply to prescription medication prescribed for the employee in the dosages so prescribed by a physician.
(4) Permanent partial disability. In the following cases, compensation shall be solely for anatomical loss of use or amputation and shall be as follows:
(a) For the loss of a thumb, sixty-six and two-thirds percent of wages during fifty weeks.
(b) For the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of wages during thirty weeks.
(c) For the loss of any other finger, or a big toe, sixty-six and two-thirds percent of wages during twenty weeks.
(d) For the loss of any toe, other than a big toe, sixty-six and two-thirds percent of wages during ten weeks.
(e) For the loss of a hand, sixty-six and two-thirds percent of wages during one hundred fifty weeks.
(f) For the loss of an arm, sixty-six and two-thirds percent of wages during two hundred weeks.
(g) For the loss of a foot, sixty-six and two-thirds percent of wages during one hundred twenty-five weeks.
(h) For the loss of a leg, sixty-six and two-thirds percent of wages during one hundred seventy-five weeks.
(i) For the loss of an eye, sixty-six and two-thirds percent of wages during one hundred weeks.
(j) Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or one hand and one foot, or any of two thereof, or paraplegia, or quadriplegia shall, in the absence of conclusive proof of a substantial earning capacity, constitute permanent total disability.
(k) The loss of the first phalanx of the thumb or big toe, or two phalanges of any finger or toe, shall be considered to be equal to the loss of one-half of such member, and the compensation shall be one-half of the amount above specified.
(l) The loss of more than one phalanx of a thumb, or more than two phalanges of any finger or toe shall be considered as the loss of the entire member; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand, or the amount received for the loss of more than one toe exceed the amount provided in this schedule for the loss of a foot.
(m) Amputation between the elbow and the wrist shall be considered as equivalent to the loss of a hand and amputation between the knee and the ankle shall be equivalent to the loss of a foot.
(n) A permanent total anatomical loss of the use of a member is equivalent to the amputation of the member.
(o) In all cases involving a permanent partial anatomical loss of use or amputation of the members mentioned hereinabove, compensation shall bear such proportion to the number of weeks provided for herein for the total loss of such members as the percentage loss or impairment to such members bears to the total loss of the member, provided that in no case shall compensation for an injury to a member exceed the compensation payable for the loss of such member.
(p) In cases not falling within any of the provisions already made, where the employee is seriously and permanently disfigured or suffers a permanent hearing loss solely due to a single traumatic accident, or where the usefulness of the physical function of the respiratory system, gastrointestinal system, or genito-urinary system, as contained within the thoracic or abdominal cavities, is seriously and permanently impaired, compensation not to exceed sixty-six and two-thirds percent of wages for a period not to exceed one hundred weeks may be awarded. In cases where compensation is so awarded, when the disability is susceptible to percentage determination, compensation shall be established in the proportions set forth in Subparagraph (o) of this Paragraph. In cases where compensation is so awarded, when the disability is not susceptible to percentage determination, compensation as is reasonable shall be established in proportion to the compensation hereinabove specifically provided in the cases of specific disability.
(q) No benefits shall be awarded or payable in this Paragraph unless the percentage of the anatomical loss of use or amputation, as provided in Subparagraphs (a) through (o) of this Paragraph or the percentage of the loss of physical function as provided in Subparagraph (p) or (s) of this Paragraph is as established in the most recent edition of the American Medical Association's "Guides to the Evaluation of Permanent Impairment".
(r)(i) In all claims for inguinal hernia, it must be established by a preponderance of the evidence that the hernia resulted from injury by accident arising out of and in the course and scope of employment; that the accident was reported promptly to the employer, and that the employee was attended by a licensed physician within thirty days thereafter.
(ii) If the employee submits to treatment, including surgery, recommended by a competent physician or surgeon, the employer or insurer shall pay compensation benefits as elsewhere fixed by this Chapter.
(iii) If the employee refuses to submit to such recommended treatment, including surgery, and establishes by a preponderance of the evidence that his refusal is based upon his conscientious religious objection thereto or that such recommended treatment, including surgery, involves an unusual and serious danger to him, the employer or insurer shall pay compensation benefits as elsewhere fixed by this Chapter. In all other cases of the employee's refusal to submit to such recommended treatment, including surgery, the employer shall provide all necessary first aid and medical treatment and supply the necessary truss, support, or other mechanical appliance at a total cost not in excess of six hundred dollars. In addition, the employer shall pay compensation for a period not to exceed twenty-six weeks.
(iv) Recurrence of the hernia following surgery shall be considered as a separate hernia, and the provisions and limitations of this Subparagraph shall apply.
(s)(i) In addition to any other benefits to which an injured employee may be entitled under this Chapter, any employee suffering an injury as a result of an accident arising out of and in the course and scope of his employment shall be entitled to a sum of fifty thousand dollars, payable within one year after the date of the injury. Interest on such payment shall not commence to accrue until after it becomes payable. Such payment shall not be subject to any offset for payment of any other benefit under this Chapter. Such payment shall not be subject to a claim for attorney fees; however, attorney fees may be awarded in a claim to collect such payment pursuant to R.S. 23:1201.2.
(ii) In any claim for an injury, it must be established by clear and convincing evidence that the employee suffers an injury and that such resulted from an accident arising out of and in the course and scope of his employment. Nothing herein shall limit the right of any party to obtain a second medical opinion or, in appropriate cases, the opinion of an additional medical opinion medical examiner pursuant to R.S. 23:1123.
(iii) Only the following injuries shall be considered injuries for which benefits pursuant to this Subparagraph may be claimed:
(aa) Paraplegia or quadriplegia or the total anatomical loss of both hands, or both arms, or both feet, or both legs, or both eyes, or one hand and one foot, or any of two thereof; however, functional loss or loss of use shall not constitute anatomical loss.
(bb) Third degree burns of forty percent or more of the total body surface.
(iv) Notwithstanding the provisions of R.S. 23:1291.1 and 1377, any benefit paid pursuant to this Subparagraph shall be reported to the office separately from any other benefit paid pursuant to this Chapter and shall not be subject to assessment by the office or by the Louisiana Workers' Compensation Second Injury Board.
(v) Repealed by Acts 2006, No. 494, §1.
Amended by Acts 1996, 1st Ex. Sess., No. 31, §1, eff. May 1, 1996; Acts 1997, No. 1172, §4, eff. June 30, 1997; Acts 1999, No. 444, §1, eff. June 18, 1999; Acts 1999, No. 702, §1; Acts 1999, No. 776, §1; Acts 2001, No. 522, §1; Acts 2001, No. 1014, §1, eff. June 27, 2001; Acts 2001, No. 1070, §1; Acts 2003, No. 306, §1; Acts 2006, No. 494, §1; Acts 2012, No. 860, §1; Acts 2017, No. 381, §2, eff. June 23, 2017.
§1231. Death of employee; payment to dependents; surviving parents
A. For injury causing death within two years after the last treatment resulting from the accident, there shall be paid to the legal dependent of the employee, actually and wholly dependent upon his earnings for support at the time of the accident and death, a weekly sum as provided in this Subpart.
B.(1) If the employee leaves legal dependents only partially actually dependent upon his earnings for support at the time of the accident and death, the weekly compensation to be paid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents in the year prior to his death bears to the earnings of the deceased at the time of the accident.
(2) If the employee leaves no legal dependents, whether biological or adopted, entitled to benefits under any state or federal compensation system, one lump sum payment of seventy-five thousand dollars shall be paid to the employee's surviving biological and adopted children who are over the age of majority, to be divided equally among them, which shall constitute the sole and exclusive compensation in such cases.
(3) If the employee leaves no dependents entitled to benefits under Paragraph (2) of this Subsection, one lump sum of seventy-five thousand dollars shall be paid to the surviving biological and adopted children of the employee to be divided equally among them, which shall constitute the sole and exclusive compensation in such cases. If the employee leaves no legal dependents and no biological or adopted children entitled to benefits under any state or federal compensation system, the sum of seventy-five thousand dollars shall be paid to each surviving parent of the deceased employee, in a lump sum, which shall constitute the sole and exclusive compensation in such cases.
Amended by Acts 1956, No. 412, §1; Acts 1968, Ex.Sess., No. 25, §6; Acts 1975, No. 583, §10, eff. Sept. 1, 1975; Acts 1980, No. 509, §1; Acts 1988, No. 938, §1, eff. Jan. 1, 1989; Acts 1992, No. 431, §1; Acts 2001, No. 1156, §1; Acts 2012, No. 99, §1; Acts 2012, No. 793, §1.
§1232. Allocation to dependents; schedule of payments
Payment to dependents shall be computed and divided equally among them on the following basis:
(1) If the widow or widower alone, thirty-two and one-half per centum of wages.
(2) If the widow or widower and one child, forty-six and one-quarter per centum of wages.
(3) If the widow or widower and two or more children, sixty-five per centum of wages.
(4) If one child alone, thirty-two and one-half per centum of wages of deceased.
(5) If two children, forty-six and one-quarter per centum of wages.
(6) If three or more children, sixty-five per centum of wages.
(7) If there are neither widow, widower, nor child, then to the father or mother, thirty-two and one-half per centum of wages of the deceased. If there are both father and mother, sixty-five per centum of wages.
(8) If there are neither widow, widower, nor child, nor dependent parent entitled to compensation, then to one brother or sister, thirty-two and one-half per centum of wages with eleven per centum additional for each brother or sister in excess of one. If other dependents than those enumerated, thirty-two and one-half per centum of wages for one, and eleven per centum additional for each such dependent in excess of one, subject to a maximum of sixty-five per centum of wages for all, regardless of the number of dependents.
Acts 2008, No. 703, §1.
§1233. Death or marriage of dependent; age limit of minor dependent
Weekly payments to a surviving spouse shall continue until the death or remarriage of such surviving spouse. In the case of remarriage of a surviving spouse, two years compensation payments shall be payable in one lump sum.
Weekly payments to a surviving child, physically or mentally incapacitated from earning, shall continue as long as such incapacity exists.
Weekly payments to a minor dependent child, who is not mentally or physically incapable of wage earning, shall terminate when he dies, marries, reaches the age of eighteen years, or, if enrolled and attending as a full-time student in any accredited educational institution, until he ceases to be so enrolled and attending or reaches the age of twenty-three years.
Weekly payments for all other dependents as determined in Subpart D of the Chapter shall continue as long as their dependency shall exist or shall terminate upon their deaths.
Amended by Acts 1975, No. 583, §11, eff. Sept. 1, 1975.


text:
Jeanne Humbert, pour l'état civil Henriette Jeanne Rigaudin, née le  à Romans-sur-Isère (Drôme) et morte le , est une écrivaine, journaliste et militante pacifiste et libertaire française. Appartenant au mouvement néo-malthusien, elle a milité pour la liberté sexuelle, ainsi que pour la liberté de la contraception et de l'avortement.

Biographie
Jeunesse
En 1901, sa mère, Aline Rigaudin, quitte Romans pour Tours avec le militant anarchiste Auguste Delalé. Jeanne fréquente alors des figures anarchistes telles que Laurent Tailhade et Jean Marestan. Elle passe le certificat d'études primaires.

En 1903, la famille part à Paris, où Jeanne devient l'élève d'Eugène Vigo, dit Miguel Almereyda (père de Jean Vigo, né en 1905, qui doit son prénom à Jeanne Rigaudin, sa marraine laïque). Eugène Vigo lui apprend la sténographie.

Eugène Humbert
Dans le cercle des connaissances d'Eugène Vigo, se trouve Eugène Humbert (1870-1944) ; en 1909, il demande à Jeanne Rigaudin de venir au secrétariat de son journal Génération consciente. Devenue sa compagne, elle en a une fille en 1913.

Elle collabore ensuite à La Grande Réforme, autre journal créé par Humbert. Comme son mari, elle est condamnée à plusieurs reprises à des peines de prison, en particulier pour ses propos et ses actions en faveur de l'avortement, interdit en France depuis la loi du .

C'est pour infractions à cette loi nouvelle qu'intervient son arrestation le . Malgré son moyen de défense : « Je n'ai fait qu'apprendre aux pauvres les procédés qu'emploient les riches pour limiter leur progéniture », elle est incarcérée à la prison pour femmes de Saint-Lazare à Paris, qu'elle qualifie de « pourrissoir », jusqu'au . Elle obtient d'accomplir le reste de sa peine à la prison de Fresnes, en région parisienne, où le silence total était pourtant exigé des détenues, jusqu'à sa libération conditionnelle le .

Le couple se marie en 1924, afin de faciliter leurs relations en cas d'emprisonnement.

À leur sortie de prison en 1924, ils font la connaissance de Marcel Kienné de Mongeot, théoricien et praticien du naturisme. Eugène Humbert s'occupe alors de la revue Vivre tandis que Jeanne écrit son roman En pleine vie, où elle exalte le nudisme tout en développant des thèses néo-malthusiennes.

Dans les années 1930, elle parcourt la France pour y donner plus d'une centaine de conférences en faveur du contrôle des naissances et du pacifisme.

En 1939, ils s'installent près de Lisieux (Calvados). Emprisonné pour propagande anticonceptionnelle, Eugène Humbert meurt en 1944 au cours d'un bombardement, alors qu'il se trouve à l'hôpital d'Amiens.

L'après-guerre
En 1946, Jeanne Humbert crée l'Association des amis d'Eugène Humbert.

En 1951, elle participe aux côtés de Félicien Challaye et Émile Bauchet à la fondation du Comité national de résistance à la guerre et à l'oppression (le CNRGO, qui devient l'Union pacifiste de France en 1961).

En 1974, elle rejoint May Picqueray qui fonde Le Réfractaire.

En 1981, Bernard Baissat réalise un film documentaire sur sa vie, intitulé Écoutez Jeanne Humbert (voir en ligne].

Publications
 En pleine vie, 1930, .
 Le Pourrissoir, 1932, paru initialement sous forme de feuilletons dans Police magazine
 Sous la Cagoule, 1933, paru initialement sous forme de feuilletons dans Police magazine
 Contre la guerre qui vient, Éditions de la Ligue internationale des combattants de la paix, 1933
 Eugène Humbert : la vie et l'œuvre d'un néo-malthusien, Éditions de la Grande Réforme, 1947
 Gabriel Giroud : Georges Hardy, disciple et continuateur de Paul Robin, Éditions de La Grande Réforme, 1948
 Sébastien Faure : l'homme, l'apôtre, une époque, Éditions du Libertaire, 1949
 Les Problèmes du couple, 1970
 « Deux grandes figures du mouvement pacifiste et néo-malthusien : Eugène Humbert et Sébastien Faure », numéro spécial de La Voie de la Paix, 1970
 Elle contribue à l'Encyclopédie anarchiste, initiée par Sébastien Faure, publiée en quatre volumes, entre 1925 et 1934

Références

Voir aussi

Bibliographie et sources
 .
 Marie-Monique Robin, On les appelait les dames du planning, 2006.
 Christine Bard (dir.), Dictionnaire des féministes : France, , Paris, Presses universitaires de France, 2017, , lire en ligne.
« Humbert Henriette Jeanne » sur le site Dictionnaire international des militants anarchistes.
 Franck Bart,  Jeanne Humbert militante libertaire, pacifiste, naturiste et néo-malthusienne !, blogs.mediapart.fr, , .
 Eugène Humbert / Henriette Jeanne Humbert-Rigaudin - Papers, Institut international d'histoire sociale (Amsterdam).
 Francis Ronsin, « Humbert Jeanne » sur le site Raforum.

Film
 Bernard Baissat, Écoutez Jeanne Humbert, 1981.

Liens externes

 Notice du Catalogue général des éditions et collections anarchistes francophones
 Écoutez Jeanne Humbert

Articles connexes
 Féminisme libertaire
 Néomalthusianisme
 André Prévôtel
 Manuel Devaldès
 Le Réfractaire

Féministe française du XXe siècle
Féministe libertaire française
Écrivain libertaire
Pacifiste libertaire
Militante pacifiste
Naissance en janvier 1890
Décès en août 1986
Décès à 96 ans
Néomalthusien
Collaborateur de l'Encyclopédie anarchiste
Naissance à Romans-sur-Isère

redpajama_set_name: RedPajamaWikipedia


text:
Burgum's Illogical Stance on Seat Belt Laws & the New Vision Zero Initiative
January 19, 2018 T. Arthur Mason North Dakota
I really like Governor Doug Burgum. I've heard some throw out descriptions that label him a "maverick" of sorts. And it's true. But his stance on seat belt laws, as reported yesterday, is simply awful.
Burgum was in attendance at the State Capitol with "directors of the state Department of Transportation, the Highway Patrol and the Health Department" to unveil a new "traffic safety initiative" known as "Vision Zero".
According to the Vision Zero website, this is the Mission and Goal of the initiative:
"Our mission is to establish a culture of personal responsibility behind the wheel, where motor vehicle fatalities and injuries are recognized as preventable and no longer tolerated as acceptable. This multi-agency partnership continually works toward a goal of zero motor vehicle fatalities and serious injuries on North Dakota roads."
The goal of this initiative to have "zero motor vehicle fatalities and serious injuries" is about as realistic as President George W. Bush's 100% proficiency expectation in his awful education legislation known as "No Child Left Behind"– it simply didn't work.
While rolling out the new Vision Zero initiative, Burgum expressed his support for making North Dakota's seat belt laws a matter of primary enforcement, instead of secondary enforcement.
As the law stands now, all front seat occupants must wear a seat belt, but can only be fined for failure to do so if they are pulled over for another infraction. All those 18 years of age and older are not required to wear a seat belt in back seats. Those under 18 are governed by an entirely different set of laws.
Just one example of why the Vision Zero initiative is unrealistic can be found in the tragic case of a 90-year old man from Fordville, ND just last month. According to the Grand Forks Herald:
"The 90-year-old driver of a 2001 Dodge Ram 1500 pickup was westbound at 8:30 a.m. on Ramsey County Road 2 when the vehicle spun out of control on icy roads about 3 miles east of Crary, according to a news release from the North Dakota Highway Patrol. The vehicle went off the road and overturned in the ditch.
"The unnamed driver was wearing his seat belt but died at the scene."
As you can see, no amount of seat belt laws saved this gentleman's life. There's no government initiative that can result in "zero motor vehicle fatalities and serious injuries". It's simply illogical. Why? Because the realities of an imperfect world, with all kinds of variables that cannot be controlled, make it so.
Burgum says that he's "had a chance to meet with a number of North Dakota Highway Patrolmen" and that he hasn't "met one who didn't think [primary enforcement] was a great idea". I mean no disrespect, but would we expect anything else from them? It's akin to asking housing developers in the Bakken oil field if man camps should be eliminated.
Now, don't get me wrong. I wear my seat belt. But I don't wear it because of some arbitrary law passed by the Almighty State. I wear it because statistically I'm safer by doing so.
Burgum is right. This is an issue of "personal responsibility". But that doesn't mean the government should attempt to use the heavy hand of enforcement to make us be responsible.
As I often like to do, let's put this to the test of the proper role of government. Do we, as individuals, have the right to pull some random person over on the road, when we see them not wearing a seat belt, and demand they pay us a fine for their failure to act responsibly? The short answer is… no.
And if we don't have that power as individuals, then we logically cannot empower the government to do it on our behalf. Doing so is an usurpation of power on the part of our elected representatives.
The argument goes that this is a "public safety" issue. I've heard arguments as ridiculous as an occupant not wearing their seat belt might fly through the windshield and hit someone else. Others take the angle that injuries sustained from not wearing seat belts results in higher health care costs for everyone.
America is also the most obese country in the world. Imagine what that does to our health care industry. Is it time to ban things like donuts, cheeseburgers, and soda pop? After all, it's what's best for us… right? Or maybe we should have weight checkpoints that also gauge body mass index. You ate too many twinkie's… well, pay up. Sounds ridiculous, right? Because it is. Just like thinking the State should have a roll in making adults wear seat belts.
The Vision Zero initiative is nothing more than a feel good way of trying to show that the government is doing something. When in reality, it will not only prove to be unrealistic, but it's a waste of taxpayer dollars and a horrible violation of an individual's personal Liberty.
The owner/operator of a vehicle should be the one to determine whether its occupants be required to wear seat belts or not. And as a passenger in a vehicle, if we don't like the fact someone else in that vehicle has chose not to wear their seat belt, then we are free to find another ride.
Governor Burgum needs to find better things to do with his time and taxpayer resources. When he gave us the vision of "reinventing" government, I didn't envision more draconian laws. That's not reinventing government. That's just giving us more of the same.
Having said that, buckle up. Not because the governor or a guy with a badge wants you to, but because statistically it might just save your life.
1. http://news.prairiepublic.org/post/burgum-3-other-state-agencies-working-zero-traffic-fatality-effort#stream/0
2. https://visionzero.nd.gov/
3. https://www.npr.org/sections/ed/2014/10/11/354931351/it-s-2014-all-children-are-supposed-to-be-proficient-under-federal-law
4. https://www.nd.gov/ndhp/node/275
5. https://www.dot.nd.gov/divisions/safety/docs/cpslawfactsheet.pdf
6. http://www.grandforksherald.com/news/4372454-icy-roads-play-role-fatal-crash-near-devils-lake
7. https://www.properroleofgovernment.com/
8. https://www.marketwatch.com/story/the-us-is-the-most-obese-nation-in-the-world-just-ahead-of-mexico-2017-05-19
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