§ 23:1209 — Prescription; timeliness of filing; dismissal for want of prosecution

Louisiana § 23:1209

• Jurisdiction: Louisiana
• Title 23: Labor and Workers' Compensation

Text

§1209. Prescription; timeliness of filing; dismissal for want of prosecution
A.(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.
(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 three years from the date of the accident.
(4) However, in all cases described in Paragraph (3) of this Subsection, where the
proceedings have begun after two years from the date of the work accident but within three
years from the date of the work accident, the employee may be entitled to temporary total
disability benefits for a period not to exceed six months and the payment of such temporary
total disability benefits in accordance with this Paragraph only shall not operate to toll or
interrupt prescription as to any other benefit as provided in R.S. 23:1221.
B. Any claim may be filed with the assistant secretary , office of workers'
compensation, by delivery or by mail addressed to the office of workers' compensation. The
filing of such claims shall be deemed timely when the claim is mailed on or before the
prescription date of the claim. If the claim is received by mail on the first legal day following
the expiration of the due date, there shall be a rebuttable presumption that the claim was
timely filed. In all cases where the presumption does not apply, the timeliness of the mailing
shall be shown only by an official United States postmark or by official receipt or certificate
from the United States Postal Service made at the time of mailing which indicates the date
thereof.
C. 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.
D. When a petition for compensation has been initiated as provided in R.S.
23:1310.3, unless the claimant shall in good faith request a hearing and final determination
thereon within five years from the date the petition is initiated, that claim shall be barred as
the basis of any claim for compensation under the Worker's Compensation Act and shall be
dismissed by the office for want of prosecution, which action shall operate as a final
adjudication of the right to claim compensation thereunder.

Legislative History

Amended by Acts 1975, No. 583, §7, eff. Sept. 1, 1975. Acts 1983, 1st Ex. Sess., No. 1, §1, eff. July 1, 1983; Acts 1985, No. 884, §1; Acts 1985, No. 926, §1, eff. Jan. 1, 1986; Acts 1988, No. 938, §1, eff. July 1, 1989; Acts 1989, No. 260, §1, eff. Jan. 1, 1990; Acts 2008, No. 220, §8, eff. June 14, 2008; Acts 2012, No. 783, §1.