Scott v. Jefferson Parish Sch. Bd.

260 So. 3d 1310
CourtLouisiana Court of Appeal
DecidedDecember 12, 2018
DocketNO. 18-CA-309
StatusPublished

This text of 260 So. 3d 1310 (Scott v. Jefferson Parish Sch. Bd.) 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
Scott v. Jefferson Parish Sch. Bd., 260 So. 3d 1310 (La. Ct. App. 2018).

Opinion

CHEHARDY, C.J.

In this workers' compensation proceeding, the claimant, Edward R. Scott, Jr., appeals the judgment sustaining the exception of prescription filed by his employer, the Jefferson Parish School Board ("School Board"). For the following reasons, we affirm.

Facts

On October 21, 2010, the claimant, a para-educator for the School Board, was injured when a student threw a metal object at him while the claimant was in the course and scope of his employment. On April 15, 2011, the School Board paid the claimant indemnity benefits for his total temporary disability for the period from February 1, 2011 through February 2, 2011.

On October 18, 2013, the claimant filed a Disputed Claim for Compensation against the School Board. On this form, Mr. Scott alleged only that "no wage benefits have been paid." On November 13, 2013, the School Board filed an exception of prescription asserting that any claim for wage benefits was prescribed. On February 5, 2014, the workers' compensation judge sustained the School Board's exception with respect to temporary total disability benefits, maintained the claimant's rights with respect to medical benefits, and dismissed the Disputed Claim for Compensation.

*1313On August 25, 2017, the claimant filed his second Disputed Claim for Compensation alleging:

(a) no medical treatment had been authorized;
(b) medical treatment (procedure/prescription): "all denied;"
(c) choice of physician;
(d) disability status: "PTD;"
(e) refusal to authorize/submit to evaluation with choice of physician/Independent Medical Examination.

On March 29, 2018, the School Board filed an exception of prescription with respect to any issues regarding claimant's disability, i.e., permanent total disability.

On April 28, 2018, after taking the matter under advisement, the judge sustained the School Board's exception with respect to Mr. Scott's claim of permanent total disability as a result of scarring after his accident. In its written reasons for judgment, the court found that, because the claimant's second filing was well outside of the time period allowed by La. R.S. 23:1209, the claimant had to prove a change in circumstances since the 2014 judgment to justify modification of that judgment. The court found that the claimant, however, did not present medical evidence of a change in circumstances that would warrant a modification and sustained the exception of prescription. Mr. Scott appeals that ruling.

Law and Discussion

On appeal, Mr. Scott contends that the trial court erred in sustaining the School Board's exception of prescription. Claimant contends that this disputed claim for compensation is not prescribed since his first disputed claim form was timely filed and this second claim is a "revival" of his first claim.

The Louisiana Workers' Compensation Act is to be liberally construed in favor of protecting workers from the economic burden of work-related injuries. Sevin v. Schwegmann Giant Supermarkets, Inc., 94-1859 (La. 4/10/95), 652 So.2d 1323, 1325 (citing Lester v. Southern Casualty Ins. Co. , 466 So.2d 25 (La. 1985) ). The Louisiana Workers' Compensation Act provides that an employee who suffers a workplace injury is entitled to medical benefits, supplemental earnings benefits (SEB) when he or she becomes unable to earn 90 percent of his pre-injury wages, and/or temporary total benefits when he or she is unable to engage in any self-employment or occupation for wages. La. R.S. 23:1203 ; La. R.S. 23:1221(1)(a) ; La. R.S. 23:1221(3)(a).

It is well settled that factual findings in workers' compensation cases are subject to the manifest error or clearly wrong standard of appellate review. Banks v. Industrial Roofing & Sheet Metal Works, Inc. , 96-2840 (La. 7/1/97), 696 So.2d 551, 556. In applying the manifest error-clearly wrong standard, the appellate court must determine whether the factfinder's conclusion was reasonable, not whether the trier of fact was right or wrong. Id. (citing Stobart v. State, 617 So.2d 880, 882 (La. 1993) ). Where there are two permissible views of the evidence, a factfinder's choice between them can never be manifestly erroneous or clearly wrong. Id.

The prescriptive period for a claim for workers' compensation indemnity benefits is set forth in La. R.S. 23:1209(A) as follows:

(1) 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 after the accident a formal claim has been filed as provided in Subsection B of this Section and in this Chapter.
*1314(2) 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).
(3) 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.
* * *

In sum, under La. R.S. 23:1209(A), workers' compensation claims for indemnity benefits are barred unless filed: 1) within one year from the date of the accident; 2) one year from the last compensation payment for total temporary or permanent disability or three years from the last payment of supplemental earnings benefits; or 3) one year from the time the injury develops if not immediately manifested, but no more than two years after the accident. Feyerabend v. Boomtown Casino , 08-807 (La. App. 5 Cir. 2/25/09), 9 So.3d 228, 230.

The party pleading prescription generally has the burden of proving it. Frazier v. Deltide Fishing and Rental Tool, Inc ., 03-53 (La. App. 5 Cir. 5/28/03), 848 So.2d 143, 146.

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Related

Stobart v. State Through DOTD
617 So. 2d 880 (Supreme Court of Louisiana, 1993)
Sevin v. Schwegmann Giant Supermarkets, Inc.
652 So. 2d 1323 (Supreme Court of Louisiana, 1995)
Lester v. Southern Cas. Ins. Co.
466 So. 2d 25 (Supreme Court of Louisiana, 1985)
Feyerabend v. Boomtown Casino
9 So. 3d 228 (Louisiana Court of Appeal, 2009)
Bracken v. Payne and Keller Company, Inc.
970 So. 2d 582 (Louisiana Court of Appeal, 2007)
Frazier v. DELTIDE FISHING & RENTAL TOOL
848 So. 2d 143 (Louisiana Court of Appeal, 2003)
Jonise v. Bologna Bros.
820 So. 2d 460 (Supreme Court of Louisiana, 2002)
Gilbert v. Willis-Knighton Work Kare Clinic
986 So. 2d 211 (Louisiana Court of Appeal, 2008)
Madere v. WESTERN SOUTHERN LIFE INS. CO.
845 So. 2d 1222 (Louisiana Court of Appeal, 2003)
Winford v. Conerly Corp.
897 So. 2d 560 (Supreme Court of Louisiana, 2005)

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Bluebook (online)
260 So. 3d 1310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-jefferson-parish-sch-bd-lactapp-2018.