Holmes v. J.E. Merit Constructors, Inc.

liAMY, Judge,

concurring.

While it is true that the courts have consistently placed the burden on the employer to prove that it was prejudiced by the employee’s failure to provide timely notice of the work-related injury, I see no basis in the statute for doing so. As I read La.R.S. 23:1305, the burden is on the employee to prove that “the employer, or his agent or representative, had knowledge of the accident or that the employer has not been prejudiced by such delay or lack of notice.” If the employee is not able to prove one of the above, La.R.S. 23:1301 would bar any proceeding brought on a…