Backest v. Louisiana Workers' Compensation

[gMARVIN, Chief Judge.

Plaintiff appeals the trial court’s dismissal of his declaratory action seeking determination that La. R.S. 23:1021(10)(d) is unconstitutionally discriminatory to private employees paid on the basis of unit, piecework or commission. We affirm.

FACTS

Gary Backest, an employee on commission as a salesman for Service Tool Company, Inc., was apparently injured in the course and scope of his employment. He sought workers’ compensation in the form of supplemental earnings benefits. The issue before the OWC concerned proper calculation of the plaintiffs average weekly wage under…