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Lafayette Parish School Board v. Louisiana Workers' Compensation Second Injury Board4/6/2005
AFFIRMED.
In this workers' compensation case, a Lafayette Parish School Board (hereinafter "School Board") employee sustained a work-related injury. The School Board paid the requisite workers' compensation benefits to the employee. It alleges that the claimant suffered from a pre-existing back injury, and now the School Board seeks reimbursement for the costs from the Louisiana Workers' Compensation Second Injury Fund. The Second Injury Board denied the claim, and the School Board appealed to the district court. The district court granted a peremptory exception of prescription adverse to the school board. For the following reasons, we affirm.
I. ISSUE
We will consider whether the trial court properly granted the peremptory exception of prescription in favor of the Louisiana Workers' Compensation Second Injury Board.
II. FACTS
This workers' compensation issue arises out of a work-related accident suffered by Mr. Lee Castille while employed by the Lafayette Parish School Board. The School Board paid workers' compensation indemnity benefits and medical expenses as a result of Mr. Castille's injury. The School Board subsequently filed a claim with the Louisiana Workers' Compensation Second Injury Board (Second Injury Board) seeking reimbursement of costs associated with Mr. Castille.
After review of the evidence, the Second Injury Board sent notice, on January 20, 2004, by U.S. Mail, that a decision would be rendered at the March 4, 2004 meeting. On March 4, 2004, the Second Injury Board denied the School Board's claim for reimbursement. Written notice of the March 4, 2004 denial was sent on March 5, 2004, via U.S. Mail to F.A. Richards & Associates (FARA), the School Board's third party administrators. The School Board claims that FARA did not receive the written notice of the denial until March 15, 2004. The School Board filed an appeal on April 15, 2004. The Second Injury Board filed a peremptory exception of prescription which was granted by the trial court at a hearing on August 16, 2004. The School Board appeals this judgment.
III. LAW AND DISCUSSION
An appellate court must determine whether the trial court committed manifest error when granting the peremptory exception of prescription. "An appellate court may not set aside a trial court's finding of fact in the absence of manifest error or unless it is clearly wrong." Mouton v. White, 98-1663, p. 3 (La.App. 3 Cir. 3/31/99), 741 So.2d 77, 79.
Louisiana Revised Statutes 23:1378 governs the process of appealing a decision of the Second Injury Board. It states, in pertinent part, that:
(e) Written notice of the decision of the board shall be given to all parties to the hearing, and the decision of the board shall be final; however, an appeal therefrom may be taken by any of the parties within thirty days after the date of the decision of the board.
In this case, the Second Injury Board argues that thirty days begins to run the day after the decision was rendered on March 4, 2004. The School Board makes much of the fact that the written notice was not received until March 15, 2004 and, therefore, believes that the thirty days should not start to accrue on the day decision is rendered.
The School Board argues that under the Second Injury Board's literal interpretation, if notice was mailed after the thirty-day period had expired, parties would fail to appeal timely according to La.R.S. 23:1378. We agree that this interpretation would lead to an absurd result, compliance with the statute would be difficult, and would certainly prejudice the aggrieved party. Due process requires more.
Page 1 2 Louisiana Personal Injury Attorneys
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