SLS 12RS-835 ORIGINAL
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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. 477
BY SENATOR MURRAY
WORKERS' COMPENSATION. Provides for interruption of prescription by payments of
medical or compensation benefits. (8/1/12)
AN ACT1
To amend and reenact R.S. 23:1209(A)(2) and (C), relative to workers' compensation; to2
provide with respect to prescription; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 23:1209(A)(2) and (C) are hereby amended and reenacted to read as5
follows: 6
ยง1209. Prescription; timeliness of filing; dismissal for want of prosecution7
A.(1) * * *8
(2) Where such payments of either compensation or medical benefits have9
been made in any case, the limitation shall not take effect until the expiration of one10
year from the time of making the last payment, except that in cases of benefits11
payable pursuant to R.S. 23:1221(3) this limitation shall not take effect until three12
years from the time of making the last payment of benefits pursuant to R.S.13
23:1221(1), (2), (3), or (4) or payment of medical benefits in that claim.14
* * *15
C. All claims for medical benefits payable pursuant to R.S. 23:1203 shall be16
forever barred unless within one year after the accident or death the parties have17 SB NO. 477
SLS 12RS-835 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
agreed upon the payments to be made under this Chapter, or unless within one year1
after the accident a formal claim has been filed with the office as provided in this2
Chapter. Where such payments of compensation or medical benefits have been3
made in any case, this limitation shall not take effect until the expiration of three4
years from the time of making the last payment of medical benefits or compensation5
benefits paid pursuant to R.S. 23:1221.6
* * *7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law provides that payments interrupt the prescription on a workers' compensation
case involving an accident or death.
Proposed law retains present law and further provides that such payments made may be
payment of either compensation or medical benefits.
Effective August 1, 2012.
(Amends R.S. 23:1209(A)(2) and (C))