Angeli v. Pellerin Milnor Corp.

GARSAUD, Judge.

An exception of prescription was filed prior to submission of the case by defendant-appellant Pellerin Milnor Corporation on January 11, 1978, the date this Court heard oral arguments on this appeal. The exception is based on the finding of fact by the trial court that the accident involved occurred on January 24, 1975, the injury, a hernia, was first diagnosed on February 15, 1975, and suit was not filed until February 19, 1976.

Ordinarily a suit for workmen’s compensation must be filed within one year of the date of the accident or of the last compensation payment or salary…