Jackson v. Southern Livestock Supply

834 So. 2d 460, 2002 La. App. LEXIS 3433, 2002 WL 31667626
CourtLouisiana Court of Appeal
DecidedNovember 8, 2002
DocketNo. 2001 CA 2560
StatusPublished
Cited by1 cases

This text of 834 So. 2d 460 (Jackson v. Southern Livestock Supply) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Southern Livestock Supply, 834 So. 2d 460, 2002 La. App. LEXIS 3433, 2002 WL 31667626 (La. Ct. App. 2002).

Opinion

I,KLINE, J.

This is an appeal by claimant, Emerson J. Jackson, Sr., challenging a ruling of the Office of Workers’ Compensation (“OWC”) sustaining the peremptory exception raising the objection of prescription filed by his employer, Southern Livestock Supply (“Southern”), and its insurer, State Farm Fire and Casualty Company (“State Farm”). For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On June 14, 1993, Mr. Jackson, while acting within the course and scope of his employment with Southern, injured his left knee when he jumped down from a boat to answer a phone call and landed on the concrete. As a result of the injury, Mr. Jackson underwent medical treatment to his left knee, with medical expenses being paid by State Farm. According to Sandy McKissick, a claims representative with State Farm, Mr. Jackson received temporary total disability (“TTD”) payments until June 1, 1994. Mr. Jackson returned to work at Southern full time in his previous capacity while undergoing treatment. He continued to work until February 28, 1997, when he was terminated for reasons unrelated to this claim.

On August 11, 1997, Mr. Jackson filed a disputed claim for benefits based upon the injury sustained in the June 14, 1993 accident. Mr. Jackson also included in his claim medical expenses sought as a result of treatment to his right knee. An exception of prescription was filed on February 21, 2001 by defendants Southern and State Farm. A hearing was held on the exception of prescription on March 9, 2001 and the OWC judge issued the following oral reasons for judgment:

This matter came for an exception of prescription today. This matter was originally heard on an exception of prescription on the 17th day of April 1998. At that time Judge Grout granted an exception of ... prescription finding that all the claims in Mr. Jackson’s petition, except those claims for continuing medical expenses for the treatment of [his] left knee, were prescribed and were, therefore, dismissed.
The matter was appealed to the 1st Circuit. The Court of Appeal found that because the matter was not prescribed on the face of the petition and there was no [sic]' — [e]xhibits were not admitted into evidence that the case should be remanded because |sthey could not find that the case had prescribed on the evidence before them.
Southern Livestock has re-urged [its] exception of prescription and [has] asked me to examine the petition and the accompanying attachments.
I’ve examined the deposition of Emerson Jackson and the deposition of Dr. Gerard Murtagh, the affidavit of Sandy McKissick (spelled phonetically) and the affidavit of Kathy Nicholas, all of which have been admitted into evidence by this court.
It’s fairly obvious from a perusal of the exhibits and the petition that was filed by Mr. Jackson that the last time he was paid temporary total disability [463]*463benefits was on June 1st, 1994. He filed his claim on August 11th, 1997.
He has raised no issues that speak to this. The medical evidence is fairly straightforward, and I think that based on what has been admitted into evidence and the allegations that have been made that the exception of prescription should be granted; and, therefore, I find that all claims, except those relating to medical treatment for the left knee, are prescribed and are dismissed.

Judgment granting the defendants’ exception of prescription was rendered by the OWC and signed on March 9, 2001. It is from this ruling that Mr. Jackson appeals. He asserts the following assignments of error, in his appellate brief to this court, quoted herein verbatim:

1. The Workers’ Compensation Judge committed clearly wrong error in not distinguishing from which injury to left knee did time began to toll for causes of prescription.
2. The Workers’ Compensation Judge committed reversible error in not resolving the ultimate issue as stated by the Majority of First Circuit Court of Appeals, whether the injury to the left knee was causally connected to the right knee, which leaves an issue of law unaddressed.
3. The Workers’ Compensation Judge committed reversible error in denial of future medical benefits to injured claimant, in judgment of prescription.
4. The Workers’ Compensation Judge was in clearly wrong by the preponderance of evidence.
5. The Workers’ Compensation Judge was clearly wrong for not using a natural inference through human reasoning given by God.

LAW AND DISCUSSION

Regarding the prescriptive period for workers’ compensation benefits, La. R.S. 23:1209(A), provides, in pertinent part, as follows:

A. In case of personal injury, including death resulting therefrom, all claims for payments 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 Rafter the accident a formal claim has been filed as provided in Subsection B of this Section and in this Chapter. Where such payments have been made in any case, the limitation shall not take effect until the expiration of one year from the time of making the last payment, except that in cases of benefits payable pursuant to R.S. 23:1221(3) this limitation shall not take effect until three years from the time of making the last payment of benefits pursuant to R.S. 23:1221(1), (2), (3), or (4). Also, when the injury does not result at the time of, or develop immediately after the accident, the limitation shall not take effect until expiration of one year from the time the injury develops, but in all such cases the claim for payment shall be forever barred unless the proceedings have been begun within two years from the date of the accident. [Footnote omitted.]

Thus, under La. R.S. 23:1209(A), claims are barred unless filed within: (1) one year from the date of the accident; (2) one year from the last compensation payment for total disability or three years from the last payment for partial disability; or (3) one year from the time the injury develops if not immediately manifested, but, in any event, no more than two years after the accident. Howard v. Trelles, 95-0227, p. 4 (La.App. 1st [464]*464Cir.2/23/96), 669 So.2d 605, 607, writ denied, 96-0712 (La.5/3/96), 672 So.2d 690. Additionally, section 1209(C) provides that a claim for medical benefits prescribes one year from the date of the accident unless payments have been agreed upon, or unless a claim is filed within one year of the accident. Where payments have been made, the claim prescribes three years from the date of the last payment of medical benefits.

On appellate review, deference is given to a workers’ compensation judge’s reasonable decision on a question or matter properly within his discretion; however, if the workers’ compensation judge’s conclusion is based on its erroneous interpretation or application of law rather than a valid exercise of discretion, such an incorrect decision is not entitled to deference. Love v. East Jefferson General Hospital, 96-1558, p. 5 (La.App. 1st Cir.5/9/97), 693 So.2d 1245, 1247.

A party pleading prescription generally has the burden of proving it.

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Bluebook (online)
834 So. 2d 460, 2002 La. App. LEXIS 3433, 2002 WL 31667626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-southern-livestock-supply-lactapp-2002.