FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20133898-A HONORABLE JOHN DAMIAN TRAHAN,
Willis Grubbs, Jr. J. P. D'Albor Haik, Minvielle &
Grubbs COUNSEL FOR: Defendant/Appellee - Larsen Intermodal
Ray Stevens Gibbens & Stevens COUNSEL FOR:
Intervenors/Appellants - The Hartford Fire Insurance Company
and Louisiana Scrap Metal Recycling
composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J.
Gremillion, and Van H. Kyzar, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE.
and Triege Guidry filed suit against Larsen Intermodal
Services, Inc. ("Larsen") seeking damages for
injuries Mr. Guidry sustained while loading/unloading metal
products from a tractor/trailer truck. Because the injury was
sustained in the course and scope of his employment, Mr.
Guidry also filed a workers' compensation claim against
his employer, Louisiana Scrap Metal Recycling (Louisiana
Scrap). The Guidrys' suit against Larsen was subsequently
dismissed on Larsen's exception of prescription.
Louisiana Scrap and its workers' compensation insurer,
The Hartford Fire Insurance Company (Hartford), filed a
petition of intervention, seeking to intervene in the
Guidrys' dismissed suit and requesting reimbursement from
Larsen for compensation paid to Mr. Guidry. At the same time,
Louisiana Scrap/Hartford filed a separate suit directly
against Larsen, likewise seeking reimbursement for
compensation paid to Mr. Guidry. Larsen filed exceptions of
prescription in both suits. In opposition, Louisiana
Scrap/Hartford argued that, because Louisiana Scrap and
Larsen are solidarily obligated to Mr. Guidry, Mr.
Guidry's timely-filed workers' compensation claim
against Louisiana Scrap interrupted prescription on Louisiana
Scrap's/Hartford's suit against Larsen. After a
hearing, the trial court granted the exceptions.
Scrap/Hartford appealed the judgment, dismissing their
intervention, in docket number 18-587, and the judgment,
dismissing their separate suit, in docket number 18-588. Upon
Larsen's motion, this court consolidated the two appeals.
reviewed the record, we find the trial court did not err in
granting Larsen's exceptions of prescription or in its
reliance upon this court's holding in Deculus v.
Augenstein Construction Co., Inc., 425 So.2d 315
(La.App. 3 Cir. 1982), writ denied, 430 So.2d 658
(La.1983). Accordingly, we affirm.
Scrap/Hartford raise a single issue for this court's
Does a timely filed workers' compensation claim against
 an employer/insurer interrupt prescription as to the
subsequent claim of the employer/insurer against the third
party tortfeasor for the recovery of workers'
compensation benefits paid to or on behalf of the employee[?]
answer in the negative for the ...