RAYMOND ZELLARS Vs. NEW ORLEANS SAINTS
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RAYMOND ZELLARS * NO. 2003-CA-0103 VERSUS * COURT OF APPEAL NEW ORLEANS SAINTS * FOURTH CIRCUIT * STATE OF LOUISIANA ******* APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION NO. 99-02133, DISTRICT “EIGHT” Honorable Clara E. Toombs, Workers’ Compensation Judge ****** PER CURIAM ****** (Court composed of Chief Judge Joan Bernard Armstrong, Judge Dennis R. Bagneris Sr. and Judge Michael E. Kirby) ROBERT L. HACKETT LAW OFFICES OF ROBERT L. HACKETT 101 W. ROBERT E. LEE BOULEVARD SUITE 401 NEW ORLEANS, LA 70124 COUNSEL FOR PLAINTIFF/APPELANT SAMMIE M. HENRY JOHNSON, STILTNER & RAHMAN 2237 SOUTH ACADIAN THRUWAY SUITE 102 BATON ROUGE, LA 70808 COUNSEL FOR DEFENDANT/APPELLEE REVERSED AND REMANDED. 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 case is remanded for further proceedings. REVERSED AND REMANDED.
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