Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB430 Introduced / Bill

                    SLS 12RS-814	ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 430
BY SENATOR MURRAY 
WORKERS' COMPENSATION.  Extends developmental injury prescription exception from
two years to up to three years from date of accident. (8/1/12) 
AN ACT1
To amend and reenact R.S. 23:1209(A)(3), relative to workers' compensation; provides for2
the prescriptive period of developmental injury; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 23:1209(A)(3) is hereby amended and reenacted to read as follows:5
ยง1209.  Prescription; timeliness of filing; dismissal for want of prosecution6
A.	*          *          *7
(3) When the injury does not result at the time of or develop immediately8
after the accident, the limitation shall not take effect until expiration of one year from9
the time the injury develops, but in all such cases the claim for payment shall be10
forever barred unless the proceedings have been begun within two three years from11
the date of the accident.12
*          *          *13 SB NO. 430
SLS 12RS-814	ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law provides that when an injury does not result at the time of or immediately after
the accident, the prescriptive period is one year from the time the injury develops.
Present law provides that in such cases claim for payment is forever barred unless
proceedings have been begun within two years from the date of the accident. 
Proposed law extends the time limitation from two years to three years.
Effective August 1, 2012.
(Amends R.S. 23:1209(A)(3))