Boquet v. Tetra Technologies, Inc.

839 So. 2d 13, 2003 WL 536756
CourtSupreme Court of Louisiana
DecidedFebruary 25, 2003
Docket2002-C-1634
StatusPublished
Cited by10 cases

This text of 839 So. 2d 13 (Boquet v. Tetra Technologies, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boquet v. Tetra Technologies, Inc., 839 So. 2d 13, 2003 WL 536756 (La. 2003).

Opinion

839 So.2d 13 (2003)

Ronald J. BOQUET, Sr.
v.
TETRA TECHNOLOGIES, INC. and Travelers Property & Casualty Corp.

No. 2002-C-1634.

Supreme Court of Louisiana.

February 25, 2003.

*14 Patricia McKay Clotiaux, New Orleans, for Applicant.

Joseph J. Weignand, Jr., for Respondent.

KIMBALL, Justice

The sole issue presented for our review in this workers' compensation case is whether an employer's payment of workers' compensation indemnity benefits interrupts prescription as to the employee's claim for medical benefits. For the reasons that follow, we find the payment of indemnity benefits does not interrupt prescription on claimant's claim for medical benefits. We conclude the language of La. R.S. 23:1209 is clear and unambiguous and requires a finding that when medical benefits have been paid, the time limitation for making additional claims for medical benefits is three years from the last payment of medical benefits.

Facts and Procedural History

This case involves a claim for benefits pursuant to the Louisiana Workers' Compensation Act. The facts are undisputed. On April 2, 1990, claimant, Ronald J. Boquet, Sr., was injured while in the course and scope of his employment with Tetra Technologies, Inc. ("Tetra"). Tetra paid workers' compensation indemnity benefits to Mr. Boquet until April 2000, a period of 520 weeks.[1] Additionally, Tetra paid some of Mr. Boquet's medical expenses, with the last medical expense being paid on February 18, 1994.

On May 23, 2000, Mr. Boquet filed a disputed claim for compensation against Tetra and its insurer, Travelers Property and Casualty Corp., contending that he is permanently and totally disabled as a result *15 of his work-related accident and, consequently, is entitled to additional workers' compensation indemnity benefits and medical benefits. In response, defendants filed an exception of prescription as to Mr. Boquet's claim for medical benefits. Defendants argued that pursuant to La. R.S. 23:1209(C), the prescriptive period for payment of claimant's medical expenses is three years from the last payment of medical benefits. Accordingly, defendants contend, Mr. Boquet's claim for medical benefits is prescribed on its face. Claimant opposed defendants' exception, asserting that prescription was interrupted by defendants' payment of workers' compensation indemnity benefits and citing Levatino v. Domengeaux & Wright, P.L.C., 593 So.2d 721 (La.App. 1 Cir.1991), writ denied, 596 So.2d 196 (La.1992), in support of this proposition.

After a hearing on the matter, the hearing officer sustained defendants' exception of prescription and dismissed Mr. Boquet's claim for medical benefits.

Claimant appealed the judgment of the Office of Workers' Compensation. The First Circuit Court of Appeal reversed. Boquet v. Tetra Technologies, Inc., 01-0856 (La.App. 1 Cir. 5/10/02), 818 So.2d 941. In its opinion, the court of appeal adhered to its previous judgment in Levatino and held that defendants' payment of workers' compensation indemnity benefits interrupted the prescriptive period for Mr. Boquet's claim for medical expenses.

We granted certiorari upon defendants' application to address an apparent split among the circuits of the courts of appeal on the issue of whether an employer's payment of workers' compensation indemnity benefits interrupts prescription on the employee's claim for medical benefits. Boquet v. Tetra Technologies, Inc., 02-1634 (La.11/1/02), 828 So.2d 580.

Discussion

The applicable prescriptive period for making claims for workers' compensation benefits is provided by La. R.S. 23:1209. The instant case involves a claim for medical benefits, which is specifically addressed in subsection (C) of La. R.S. 23:1209. That subsection provides:

All claims for medical benefits payable pursuant to R.S. 23:1203 shall be forever barred unless within one year after the accident or death the parties have agreed upon the payments to be made under this Chapter, or unless within one year after the accident a formal claim has been filed with the office as provided in this Chapter. Where such payments have been made in any case, this limitation shall not take effect until the expiration of three years from the time of making the last payment of medical benefits.

La. R.S. 23:1209(C) (emphasis added).[2] Thus, in a case such as this where medical payments have been made, a claimant has three years from the date of the last payment of medical benefits to file his claim for additional medical benefits.

In the instant case, it is undisputed that defendants' last payment of medical *16 benefits was made on February 18, 1994. Because Mr. Boquet's claim for payment of additional medical benefits was not filed until May 23, 2000, the claim for medical benefits is prescribed on its face. When a workers' compensation claim is prescribed on its face, the claimant bears the burden of showing the running of prescription was suspended or interrupted in some manner. Jonise v. Bologna Bros., 01-3230, p. 6 (La.6/21/02), 820 So.2d 460, 464.

In support of his claim that defendants' payment of indemnity benefits interrupted prescription as to his claim for medical benefits, claimant relies on the decisions by the fifth circuit in Manuel v. River Parish Disposal, Inc., 96-302 (La.App. 5 Cir. 10/1/96), 683 So.2d 791, and the first circuit in Levatino v. Domengeaux & Wright, P.L.C., 593 So.2d 721 (La.App. 1 Cir.1991), writ denied, 596 So.2d 196 (La. 1992), which held that payment of indemnity benefits interrupts prescription on a claim for medical benefits. Claimant suggests that such a conclusion is required in light of fact that workers' compensation laws are to be construed liberally in favor of the injured worker.

In response, defendants rely on the plain language of La. R.S. 23:1209(C) in support of their argument that payment of indemnity benefits does not interrupt prescription as to claims for medical benefits. Additionally, defendants point out that the third and fourth circuits have held that such payment does not serve to interrupt prescription on claims for medical benefits.

The parties are correct in that there is a split among the circuits of the courts of appeal on the issue of whether an employer's payment of workers' compensation indemnity benefits interrupts prescription as to the employee's claim for medical benefits. In Levatino, the first circuit considered the provisions of La. R.S. 23:1209(C) and explicitly held that "the payment of weekly benefits for a disabling injury interrupts a claim for medical expenses incurred in connection with that injury." Levatino, 593 So.2d at 724. The court reached this conclusion based primarily on policy grounds, stating:

There are sound reasons to allow weekly benefits to interrupt a claim for medical expenses. It is grossly unfair for a claimant, such as the one in this case, to be disabled from a job-related injury and drawing weekly benefits for that disability, and yet be denied medical benefits for the disabling injury. Further, a disabled employee drawing weekly benefits would be encouraged to incur unnecessary medical expense for the sole purpose of keeping the claim viable.

Id. It should be noted, however, that while the Levatino court did hold that payment of weekly benefits interrupts a claim for medical benefits, it appears the court was dealing with a situation in which no medical benefits had previously been paid pursuant to La. R.S.

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839 So. 2d 13, 2003 WL 536756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boquet-v-tetra-technologies-inc-la-2003.