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Rambin v. Shreveport Refrigeration5/4/2005
Judgment rendered May 4, 2005. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Richard D. Rambin ("Mr. Rambin") was an employee of Shreveport Refrigeration, Inc. on October 30, 1985, when he was involved in an automobile accident while in the scope of his employment. Mr. Rambin filed suit against the tortfeasor and others the following year. Shreveport Refrigeration, Inc. was self-insured for workers' compensation claims through Louisiana Retailer Association Self Insurers Fund (the two entities are collectively referred to herein as "LRA"). LRA began paying indemnity benefits to Mr. Rambin as a result of his accident. Shortly thereafter, LRA filed a Petition of Intervention in the tort suit asserting a right to have preferential payment out of any settlement or judgment that Mr. Rambin obtained through his suit. During the litigation, the parties entered into a Joint Motion for Partial Dismissal of the tortfeasor's insurance company, Government Employees Insurance Company, reserving rights against the remaining defendants.
At the time of the accident, employers' or workers' compensation insurers were entitled under Louisiana law to a credit for future compensation benefits up to the amount of future lost earnings awarded in a judgment or itemized in a settlement. The parties to the case settled and signed a Stipulation on March 20, 1989, that stated, inter alia:
It is further stipulated and agreed to by and between the parties that shall have a credit against future payments of workmen's compensation benefits for a period of fourteen (14) years. Additionally, RICHARD DILL RAMBIN agrees that he will bear the expenses of the first $1000.00 in medical expenses that he might incur in the future as a result of any medical expenses incurred resulting directly from treatment for the injuries sustained in the accident of October 30, 1985. Any future medical expenses in excess of the $1000.00 aggregate amount shall be at the expense of .
The amount that LRA had already paid in benefits was $49,174.09 and the settlement amount attributed to future lost income was $184,674.08, or approximately 14 years of compensation benefits at a maximum rate of $254 per week.
On January 30, 2004, Mr. Rambin filed a new petition (Form 1008) against LRA seeking reimbursement of wages, attorney fees and penalties when LRA refused to continue paying benefits after March 20, 2003. LRA responded with an Exception of Prescription stating that they had paid no benefits since the Stipulation was executed. The WCJ sustained the Exception of LRA, dismissing Mr. Rambin's claims with prejudice. From this ruling, Mr. Rambin appeals. For the reasons set forth herein, we reverse and remand.
DISCUSSION
Issue Number One (Verbatim): The Trial Court Erred in Sustaining the Defendant's Exception of Prescription.
Mr. Rambin argues that prescription was interrupted on March 20, 2003, the date of the last credit taken by LRA. Accordingly, he asserts that his Form 1008 was timely filed on January 30, 2004, as that was within the one-year prescriptive period. LRA argues, to the contrary, that the WCJ was correct in finding that Mr. Rambin's claim for workers' compensation benefits had prescribed.
Both parties cite La. R.S. 23:1209(A), which states:
In case of personal injury, including death resulting therefrom, all claims for payments shall be forever barred unless within one year after the accident or death the parties have agreed upon the payments to be made under this Chapter, or unless within one year after the accident a formal claim has been filed .... Where such payments have b
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