DocketNumber: No. 91-CC-2698
Judges: From, Marcus
Filed Date: 1/17/1992
Status: Precedential
Modified Date: 10/18/2024
Application granted.
The Office of Worker’s Compensation’s recommendation favorable to plaintiff was mailed to all parties on November 30, 1989, and the employer rejected the recommendation within the thirty-day period provided in La.Rev.Stat. 23:1310.1 (as in effect at that time). Plaintiff filed suit in district court on April 4, 1990, and the employer filed an exception of prescription.
The trial court, accepting plaintiff’s attorney’s uncontradicted testimony that he did not receive the Office’s December 11, 1989 notice of the rejection of the recommendation until March 16, 1990, overruled the exception.
The ruling of the court of appeal is reversed, and the judgment of the district court is reinstated.
. According to plaintiffs uncontradicted statement in his application to this court, plaintiffs attorney made many inquiries to the Office of Worker’s Compensation between January 12, 1990 and March 13, 1990 about the disposition of the case. One OWC employee, who stated he would mail a copy of the certificate of rejection to plaintiffs attorney, went on vacation, and another OWC employee, who noticed that plaintiffs attorney’s address in the record did not include the suite number, mailed a copy of the certificate of rejection on March 14, 1990.