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Jackson v. Southern Livestock Supply11/8/2002
This is an appeal by claimant, Emerson J. Jackson, Sr., challenging a ruling of the Office of Workers' Compensation ("OWC") sustaining the peremptory exception raising the objection of prescription filed by his employer, Southern Livestock Supply ("Southern"), and its insurer, State Farm Fire and Casualty Company ("State Farm"). For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
On June 14, 1993, Mr. Jackson, while acting within the course and scope of his employment with Southern, injured his left knee when he jumped down from a boat to answer a phone call and landed on the concrete. As a result of the injury , Mr. Jackson underwent medical treatment to his left knee, with medical expenses being paid by State Farm. According to Sandy McKissick, a claims representative with State Farm, Mr. Jackson received temporary total disability ("TTD") payments until June 1, 1994. Mr. Jackson returned to work at Southern full time in his previous capacity while undergoing treatment. He continued to work until February 28, 1997, when he was terminated for reasons unrelated to this claim.
On August 11, 1997, Mr. Jackson filed a disputed claim for benefits based upon the injury sustained in the June 14, 1993 accident. Mr. Jackson also included in his claim medical expenses sought as a result of treatment to his right knee. An exception of prescription was filed on February 21, 2001 by defendants Southern and State Farm. A hearing was held on the exception of prescription on March 9, 2001 and the OWC judge issued the following oral reasons for judgment:
This matter came for an exception of prescription today.
This matter was originally heard on an exception of prescription on the 17th day of April 1998. At that time Judge Grout granted an exception of ... prescription finding that all the claims in Mr. Jackson's petition, except those claims for continuing medical expenses for the treatment of left knee, were prescribed and were, therefore, dismissed.
The matter was appealed to the 1st Circuit. The Court of appeal found that because the matter was not prescribed on the face of the petition and there was no - - xhibits were not admitted into evidence that the case should be remanded because they could not find that the case had prescribed on the evidence before them.
Southern Livestock has re-urged exception of prescription and asked me to examine the petition and the accompanying attachments.
I've examined the deposition of Emerson Jackson and the deposition of Dr. Gerard Murtagh, the affidavit of Sandy McKissick (spelled phonetically) and the affidavit of Kathy Nicholas, all of which have been admitted into evidence by this court.
It's fairly obvious from a perusal of the exhibits and the petition that was filed by Mr. Jackson that the last time he was paid temporary total disability benefits was on June 1st, 1994. He filed his claim on August 11th, 1997.
He has raised no issues that speak to this. The medical evidence is fairly straightforward, and I think that based on what has been admitted into evidence and the allegations that have been made that the exception of prescription should be granted; and, therefore, I find that all claims, except those relating to medical treatment for the left knee, are prescribed and are dismissed.
Judgment granting the defendants' exception of prescription was rendered by the OWC and signed on March 9, 2001. It is from this ruling that Mr. Jackson appeals. He asserts the following assignments of error, in his appellate brief to this court, quoted herein verbatim:
1. The Workers' Compensation Judge commit
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