Charles Johnson v. Stanton's Appliance, LLC and Bridgefield Employers Insurance Company

• Court: Louisiana Court of Appeal
• Decided: July 29, 2024
• Docket: 2024CW0442
• Status: Unknown

Opinion

STATE OF LOUISIANA

CHARLES JOHNSON NO. 2024 CW 0442

VERSUS

STANTON' S APPLIANCE, LLC, AND BRIDGEFIELD EMPLOYERS INSURANCE COMPANY JULY 29, 2024

In Re: Stanton' s Appliance, LLC and Bridgefield Employers

Insurance Company, applying for supervisory writs,

Office of Workers' Compensation, District 05, No. 23- 04268.

BEFORE: CHUTZ, GREENE, AND STROMBERG, JJ.

WRIT GRANTED WITH ORDER. The portion of the trial court' s April 24, 2024 judgment, which denied the Exception of Prescription filed by defendants, Stanton' s Appliance, LLC and Bridgefield Employers

Insurance Company, as to the claims of Charles Johnson (" Johnson") for

medical benefits arising out of his alleged July 13, 2022 accident, is reversed. Louisiana Revised Statutes 23: 1209( C) states: " 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." This court has noted that the legislature has not

provided for a developing injury exception to the commencement of

prescription on a claim for medical benefits, as it has done for a claim for weekly benefits in La. R. S. 23: 1209( A). See Boudreaux v. Angelo Iafrate Construction, 2002- 0992 ( La. App. 1st Cir. 2/ 14/ 03), 848 So. 2d 3, 8 n. 3. Johnson' s claim for medical benefits was filed on August 18, 2023 and was not made within one year of the date of the July 13, 2022 accident. Furthermore, his Disputed Claim for Compensation form discloses that "[ n] o medical treatment has been authorized." Thus, we

conclude the time constraints in La. R. S. 23: 1209( C) have not been

satisfied and Johnson' s claim for medical expenses relating to the July 13, 2022 accident has prescribed. Accordingly, we grant the defendants' Exception of Prescription as to the claim of Charles Johnson against

Stanton' s Appliance, LLC and Bridgefield Employers Insurance Company for medical benefits arising out of his alleged July 13, 2022 accident, and we dismiss that claim. However, this matter is remanded to the trial court with instructions to allow the plaintiff, Charles Johnson, the

opportunity to amend his Disputed Claim for Compensation to remove the grounds of the objection, if he can, within a delay deemed reasonable by the trial court. La. Code Civ. P. art. 934.

WRC HG TPS COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK 0 COURT FOR THE Co rRT