Belvin v. Smith

DOMENGEAUX, Judge.

Plaintiff, widow of the deceased employee, Julien Curtis Belvin, filed this workmen’s compensation suit seeking benefits as a result of an alleged work related heart attack experienced by her husband, from which he subsequently died. Made defendants are Hubert E. Smith, the decedent’s employer, and Rockwood Insurance Company, the latter’s compensation insurer.

Defendants filed a peremptory exception of prescription under the provisions of LSA-R.S. 23:1209. The trial judge sustained the exception with respect to the personal claim of the decedent for workmen’s compensation…