Opinion
NO. 2018 CW 0351
07-10-2018
ARNEATTER FAUST v. PAM II OF COVINGTON, LLC DBA NORTHSHORE SPECIALTY HOSPITAL AND ALLIED EASTERN INDEMNITY COMPANY
In Re: Pam II of Covington, LLC dba Northshore Specialty Hospital and Allied Eastern Indemnity Company, applying for supervisory writs, Office of Workers' Compensation, District 06, No. 17-05727. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT DENIED.
JMG
JTP
Crain, J. dissents. The claim filed September 14, 2017, alleging a work-related accident on June 19, 2016, is prescribed on its face; therefore, the employee had the burden of proving the claim did not prescribe. She failed to produce sufficient evidence in support of her argument she suffered a "developing injury" under La. R.S. 23:1209(A)(3). Consequently, I would grant the writ, reverse the judgment, sustain the employer's exception of prescription, and dismiss the employee's claim. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT