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Ponville v. Travelers Insurance Co.
Citations: 591 So. 2d 421; 1991 La. App. LEXIS 3463; 1991 WL 272517Docket: No. 91-CA-567
Court: Louisiana Court of Appeal; December 10, 1991; Louisiana; State Appellate Court
Fernand P. Ponville, Jr. is appealing a workmen’s compensation hearing officer's decision that his claim had prescribed. The court reverses and remands for further proceedings. Ponville, a 44-year-old boilermaker foreman for Lou Con, Inc., sustained a compensable back injury on October 31, 1988, but did not file suit until March 23, 1990. Under LSA-R.S. 23:1209, claims must be filed within one year of an accident unless specific conditions are met, including formal claims or payments made. Although Ponville experienced pain, he continued working due to financial necessity and sought medical advice shortly after the accident. Medical assessments revealed a work-related injury, with treatments by chiropractors and an orthopedist indicating potential pre-existing conditions exacerbated by the accident. Travelers Insurance Company, representing Lou Con, argued that Ponville showed no significant change in symptoms within the one-year period and did not request compensation during that time, asserting that the injury had fully developed. They cited the case Melancon v. Hartford Ins. Co. to support their argument regarding the statutory time limits for filing claims. Alvin Melancon did not seek legal counsel until over a year after his injury, leading the Fourth Circuit to conclude that his claim had prescribed within that year, as he was aware of his injury and its impact on his duties. This situation contrasts with Ponville, who continued working, albeit with assistance, and did not perceive his injury as severely incapacitating. Jurisprudence under R.S. 23:1209 defines the 'development' of an injury as the point at which an employee's disability becomes evident, marking the time when they can no longer perform their job satisfactorily. Ponville was placed on disability by Dr. Rhymes in February 1990, at which point his inability to work became manifest, and a lawsuit was filed a month later. Medical evidence indicated that Ponville's symptoms worsened over time, culminating in a point where he could no longer work. Dr. Rhymes confirmed that Ponville's condition deteriorated to the extent that he was unable to continue his employment. The judgment from February 22, 1991, sustaining the exception of prescription was reversed, and the case was remanded for further proceedings to determine the owed workmen's compensation payments and whether the insurance company acted arbitrarily. Travelers is responsible for the costs of the appeal.