Zellars v. New Orleans Saints

Louisiana Court of Appeal

Zellars v. New Orleans Saints

861 So. 2d 269, 2003 La.App. 4 Cir. 0103, 2003 La. App. LEXIS 3169, 2003 WL 22717912

CourtLouisiana Court of Appeal

DecidedNovember 12, 2003

DocketNo. 2003-CA-0103

StatusPublished

This text of 861 So. 2d 269 (Zellars v. New Orleans Saints) 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

Zellars v. New Orleans Saints, 861 So. 2d 269, 2003 La.App. 4 Cir. 0103, 2003 La. App. LEXIS 3169, 2003 WL 22717912 (La. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

The claimant was injured in November or December 1996. The employer paid some of his medical expenses for treatment received in January 1997. The claimant initiated this workers compensation proceeding April 1, 1999. When an employer has paid some medical expenses, claims for other medical expenses prescribe three years after the last payment of any medical expenses by the employer. La. R.S. 23:1209.C; Boquet v. Tetra Technologies, Inc., 2002-1634 (La.02/25/03), 839 So.2d 13, 15, 17-18. The claimant instituted this workers compensation proceeding less than three years after January 1997, so, as to claims for medical expenses only, the claim is not prescribed.

Accordingly, the judgment of the trial court sustaining the exception of prescription is reversed as to medical expense claims and this ease is remanded for further proceedings.

REVERSED AND REMANDED.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The claimant was injured in November or December 1996. The employer paid some of his medical expenses for treatment received in January 1997. The claimant initiated this workers compensation proceeding April 1, 1999. When an employer has paid some medical expenses, claims for other medical expenses prescribe three years after the last payment of any medical expenses by the employer. La. R.S. 23:1209.C; Boquet v. Tetra Technologies, Inc., 2002-1634 (La.02/25/03), 839 So.2d 13, 15, 17-18. The claimant instituted this workers compensation proceeding less than three years after January 1997, so, as to claims for medical expenses only, the claim is not prescribed.

Accordingly, the judgment of the trial court sustaining the exception of prescription is reversed as to medical expense claims and this ease is remanded for further proceedings.

REVERSED AND REMANDED.

Cite This Page — Counsel Stack

Bluebook (online)

861 So. 2d 269, 2003 La.App. 4 Cir. 0103, 2003 La. App. LEXIS 3169, 2003 WL 22717912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zellars-v-new-orleans-saints-lactapp-2003.

Opinion

Related

Cite This Page — Counsel Stack