Johnson v. Holden Springs, Inc.

Summary

The Louisiana Court of Appeal reviews the dismissal of Dr. Maria Carmen Palazzo’s claim for unpaid workers’ compensation medical benefits on prescription grounds. The court concludes that the record lacked admissible evidence establishing prescription and that the claim was not facially prescribed, reverses the judgment, and remands for further proceedings.

Holdings

1. The exception of prescription could not be sustained on the existing record because the party asserting prescription failed to introduce admissible evidence establishing when the bills were last submitted or otherwise proving that the claim was prescribed.
2. When medical payments have been made in connection with a workers' compensation claim, prescription does not run until three years after the last payment of medical benefits; if the claimant resubmitted bills on or before July 8, 1999, the claim filed in April 2000 was not prescribed.

Questions Presented

1. Whether the workers' compensation claim for unpaid medical benefits was prescribed under Louisiana law.
2. Whether the record contained sufficient admissible evidence to sustain the exception of prescription.
3. Whether the claim remained timely if unpaid bills were resubmitted on or before July 8, 1999.

Disposition

reversed_and_remanded