Legal Opinion · Dissent

Hernandez v. Asap Emp't Serv., Inc.

Louisiana Court of Appeal

Decided October 18, 2018No. NUMBER 2017 CA 1437Published

1DissentGuidry, J.

It is a well-settled principle that the provisions of the workers' compensation scheme should be liberally interpreted in favor of the worker. Gomon v. Melancon, 06-2444, p. 4 (La. App. 1st Cir. 3/28/07), 960 So.2d 982, 984, writ denied, 07-1567 (La. 9/14/07), 963 So.2d 1005. The standard controlling review of an objection of prescription requires that the court of appeal strictly construe the statutes against prescription and in favor of the claim that is said to be extinguished. Naquin v. Bollinger Shipyards, Inc., 11-1217, p. 4 (La. App. 1st Cir. 9/7/12), 102 So.3d 875, 878, writs denied,…

2Cases cited5 opinions

  1. Parker v. Southern American Ins. Co.Supreme Court of Louisiana · 1991
  2. Isaac v. LathanLouisiana Court of Appeal · 2002
  3. Naquin v. Bollinger Shipyards, Inc.Louisiana Court of Appeal · 2012
  4. Gomon v. MelanconLouisiana Court of Appeal · 2007
  5. Peters v. Ruskin Mfg.Louisiana Court of Appeal · 2005

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