Winn-Dixie Louisiana v. Physicians Surgical Specialty Hospital

It At issue is whether the three-year prescriptive period set forth in La. R.S. 23:1209(0) applies to a claim by an employer to recover overpayment for medical services paid on behalf of an injured employee. For the reasons that follow, we conclude La. R.S. 23:1209(0 does not apply under these facts, and we therefore reverse the judgments below.

FACTS AND PROCEDURAL HISTORY

For purposes of this opinion, the facts are largely undisputed. In March 2007, Esther Lirette was injured in the course and scope of her employment with Winn-Dixie Louisiana (“Winn-Dixie”). As a result, Ms. Lirette sought…