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Jonise v. Bologna Brothers9/28/2001
The record in this matter reflects that Ms. Jonise is making two claims against Bologna Brothers: one for death benefits and one for burial expenses under La. R.S. 23:1210. The claim for death benefits has prescribed for the reasons set forth eloquently above. The claim for burial expenses, however, has not.
In Lester v. Southern Casualty Insurance Company, 466 So.2d 25 (La. 1985), the Louisiana Supreme Court determined that the prescriptive provisions of La. R.S. 23:1209 did not apply to claims for medical expenses. The Supreme Court found that that the "payments" referred to in the statute were compensation benefits, not medical expenses. Lester, at 28. Particularly, the Supreme Court stated as follows:
t is well settled that the provisions of the Worker's Compensation Law must be given a liberal interpretation in order to effectuate its beneficent purpose of relieving workmen of the economic burden of work-connected injuries by diffusing the cost in the channels of commerce. Construing "payments" as used in La.R.S. 23:1209 to include claims for medical expenses when such an interpretation is not indicated by the clear and unambiguous language of the statute would not be in accord with a liberal interpretation in favor of the injured employee.
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