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Hughes Wood Products5/25/2000
v. Stat. Ann. §§ 23:1031, 23:1032, 23:1061 (West 1998). Second, Hughes never filed a report of plaintiff's injury with its workers' compensation insurance carrier or with the office of workers' compensation administration as required by Louisiana law. See La. Rev. Stat. Ann. §§ 23:1306(A), 23:1021(8) (West 1998). Once an injury report is filed with the office of workers' compensation administration, that office sends the injured employee a brochure containing a "summary statement of the rights, benefits, and obligations of employees and employers under [the workers' compensation statute]." La. Rev. Stat. Ann. § 23:1307 (West 1998). Because Hughes never filed an injury report, plaintiff never received the brochure outlining his rights and the procedure to be followed to obtain benefits under the Louisiana workers' compensation statute, and plaintiff never filed a formal claim for benefits in Louisiana.
Under the Louisiana Workers' Compensation Act, all claims for payment are barred unless a formal claim for payment is filed within one year of the accident. See La. Rev. Stat. Ann. § 23:1209(A) (West 1998). There are exceptions to the one-year limitations period if the parties have agreed upon payments to be made under the Act, in which case a formal claim must be filed within one or three years of the last payment, depending upon the circumstances. See id. It has been seven years since plaintiff was injured, and there is no proof in the summary judgment record that a formal claim was ever filed. While there is evidence that Hughes made some payments to plaintiff following his injury , there is nothing to show when the last payment was made and no indication that the payments were made under the Louisiana Workers' Compensation Act. Consequently, defendants failed to show that plaintiff could obtain an award for his injury under the Louisiana workers' compensation statute.
Because defendants failed to show that they would be immune from plaintiff's suit under the Louisiana workers' compensation statute and that plaintiff has obtained or could obtain an award for his injury in Louisiana, they failed to invoke the protections of Restatement section 184. Accordingly, we affirm the court of appeals' judgment reversing the trial court's summary judgment and remanding the case to the trial court. We leave open the question of which state's law the trial court should apply to the particular substantive issues to be resolved below.
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