Legal Opinion

Ponville v. Travelers Insurance Co.

Louisiana Court of Appeal

Decided December 11, 1991No. 91-CA-567PublishedCited by 3 opinions

1Opinion of the Court

GAUDIN, Judge.

This is an appeal by Fernand P. Ponville, Jr. from a decision of a workmen’s compensation hearing officer saying that his claim had prescribed. We reverse and remand for further proceedings.

It is undisputed that Ponville, then 44 years of age and a boilermaker foreman employed by Lou Con, Inc., sustained a compensable injury on October 31, 1988. Suit was not filed until March 23, 1990.

LSA-R.S. 23:1209 governs prescription in workmen’s compensation cases. In pertinent part, the statute reads:

*422“In case of personal injury ... all claims for payments shall be forever barred unless…

2Cases cited6 opinions

  1. Mottet v. Libbey-Owens-Ford Glass Co.Supreme Court of Louisiana · 1952
  2. Wallace v. Remington Rand, Inc.Supreme Court of Louisiana · 1956
  3. Bolden v. Georgia Cas. & Sur. Co.Supreme Court of Louisiana · 1978
  4. Swearingen v. Air Products & Chemical, Inc.Supreme Court of Louisiana · 1986
  5. Burleigh v. Argonaut Ins. Co.Louisiana Court of Appeal · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Collier v. Southern Builders, Inc.Louisiana Court of Appeal · 1992
  2. Munch v. Lafitte Barataria Crown Point Fire DepartmentLouisiana Court of Appeal · 1993
  3. Ponville v. Travelers Insurance Co.Supreme Court of Louisiana · 1992

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