APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT
7, STATE OF LOUISIANA NO. 18-3511, HONORABLE SHANNON BRUNO
BISHOP, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, SONDIER KNIGHT DaShawn P.
COUNSEL FOR DEFENDANT/APPELLEE, IMPERIAL TRADING CO. B. Scott
Cowart Jennifer A. O'Connell
composed of Judges Robert A. Chaisson, Stephen J. Windhorst,
and John J. Molaison, Jr.
A. CHAISSON, JUDGE
Workers' Compensation case, Sondier Knight appeals a
judgment sustaining an exception of prescription filed by
Imperial Trading Company ("Imperial"), which
dismissed Ms. Knight's claim with prejudice. For the
reasons set forth herein, we affirm the judgment of the trial
& PROCEDURAL HISTORY
April 26, 2017, Ms. Knight presented herself to the West
Jefferson Medical Center emergency room with complaints of
left arm, shoulder and chest pain. According to the
doctor's notes from that visit, these injuries were
sustained at work and were the result of "lifting or
pulling a heavy object." Ms. Knight was discharged that
day with a diagnosis of "chest pain-muscle strain,"
with instructions to follow-up with her family doctor in one
to two days. Ms. Knight did not follow-up with her family
doctor as instructed. She never returned to work at Imperial
after this accident.
months later, on July 26, 2017, Ms. Knight presented herself
to the SouthShore Physician Group with complaints of left
shoulder and chest pain that she related to her April 26,
2017 accident at work. She was diagnosed with thoracic
strain, left shoulder strain and left anterior chest
contusion, and was prescribed a course of office therapy
three times per week.
30, 2018, more than one year after her alleged April 26, 2017
work-related accident, Ms. Knight filed a Disputed Claim for
Compensation against Imperial seeking workers'
compensation benefits for the injuries she sustained in the
April 26, 2017 accident. Imperial filed an answer to the
Disputed Claim for Compensation in which it denied all of Ms.
Knight's allegations, including whether an accident
occurred on April 26, 2017.
with its answer, Imperial also filed a peremptory exception
of prescription in which it argued that Ms. Knight's
claim for compensation had prescribed pursuant to La. R.S.
23:1209(A), because it was filed more than one year from the
date of the accident. In opposition to this motion, Ms.
Knight argued that prescription had not yet run on her claim
because her injury did not develop immediately after the
accident, but rather only when she was diagnosed by the
SouthShore physician on July 26, 2017. Following a hearing,
the trial court rendered judgment sustaining Imperial's
exception of prescription and dismissed Ms. Knight's
claim with prejudice. It is from this judgment that Ms.
Knight now appeals.
Court recently articulated the law on prescription of claims
for workers' compensation benefits in Eugene-Robinson
v. East Jefferson General Hospital:
Under La. R.S. 23:1209(A), claims for workers'
compensation benefits must be filed within (1) one year from
the date of the accident; (2) one year from the last
compensation payment for total disability or three years from
the last payment of supplemental earnings benefits; or (3)
one year from the date the injury develops, if the injury
does not result at the time of or immediately after the
accident, but no more than three years from the date of the