Jones v. International Matex Tank Terminal

1 iCANNELLA, Judge,

dissenting.

The hearing officer found that plaintiff filed a claim in 1989 [within the prescriptive period of R.S. 23:1209(A) ], but that the claim was abandoned because she failed to request a hearing and final determination within five years of the filing. However, under the jurisprudence the claim is not abandoned if the defendant takes any action in the case inconsistent with an intention to have the demand treated as abandoned, such as payment of compensation benefits and medical expenses. See: Sterling v. Insurance Co. Of Pennsylvania., 572 So.2d 835 (La.App. 4th…