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Fontenot v. Reddell Vidrine Water District12/8/2004
case, Fontenot did not file until nearly four years after the last payment of indemnity benefits. Under the statute, his claim is prescribed on its face. We are not persuaded by Fontenot's argument that prescription is governed by the articles on enforcement of judgments because he is seeking to enforce the previous judgment rather than initiating a claim. To hold such would be to create an artificial distinction between claims voluntarily paid and those ordered by the workers' compensation judge and create a disincentive for employers to assert their rights. Such a position would be inconsistent with Dufrene in that it would create two separate prescriptive periods. Likewise, we find no merit to Fontenot's argument that prescription was interrupted because he could not act to file a claim due to the fact that he was employed at a wage greater than his pre-injury wage. Such a circumstance is clearly contemplated by the statute.
CONCLUSION
For the foregoing reasons, the judgment of the workers' compensation judge is affirmed. All costs of these proceeding are taxed to the claimant, Michael Fontenot.
AFFIRMED.
PETERS, J., dissenting.
Both the workers' compensation judge (WCJ) and the majority rely on the provisions of La.R.S. 23:1209(A) to conclude that Michael Fontenot's claim for benefits against his employer, Reddell Vidrine Water District (Water District), has prescribed. I respectfully disagree with the application of this particular statute to the facts of the case.
The procedural history of this litigation is not at issue and is set forth in the majority opinion. Importantly, the WCJ awarded Fontenot indemnity benefits on January 25, 2000, which award was ultimately affirmed by the supreme court. During the appellate process, Fontenot returned to work for the Water District in a light-duty capacity, yet at higher wages than his pre-injury wages. Accordingly, the Water District paid weekly benefits until April 10, 2000, although the Water District continued to pay the medical expenses arising from the accident. However, on March 2, 2004, almost four years after the Water District's last payment of supplemental earnings benefits, Fontenot underwent back surgery and was unable to return to even light-duty work. When he requested that his indemnity benefits be reinstated, the Water District refused, and Fontenot timely filed a disputed claim. Thereafter, the WCJ granted the Water District's prescription exception, and this appealed followed.
As pointed out by the majority, the supreme court has made it clear that La.R.S. 23:1209(A) provides "the only prescriptive period setting forth the amount of time a worker has to file a claim for benefits." Dufrene v. Video Co-Op, 02-1147, p. 10 (La. 4/9/03), 843 So.2d 1066, 1073 (emphasis added). In Dufrene, the issue involved whether, after indemnity benefits are terminated, an employee has three years under La.R.S. 23:1209(A) to apply for supplemental earnings benefits or whether the two-year period of La.R.S. 23:1221(3)(d)(i) applies. In Dufrene, the employee's injuries occurred in the course and scope of her employment, and her employer voluntarily paid temporary total disability benefits for almost four months after she sustained her injuries. Thereafter, the employer paid no indemnity benefits, but continued to pay medical expenses. More than two but less than three years after the termination of indemnity benefits, the employee filed a claim for supplemental earnings benefits. In reversing the WCJ's grant of the exception of prescription, the supreme court made the statement quoted above.
The supreme court's holding in Dufrene is certainly binding on this court. How
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