Gregoire v. Louisiana Department of Wildlife & Fisheries
92 So. 3d 932
La. Ct. App.2012Background
- Gregoire, a Department of Wildlife and Fisheries employee, witnessed Katrina-related trauma in 2005 and later PTSD symptoms intensified by Gustav in 2008.
- PTSD flare occurred on September 1, 2008, during a Gustav-related incident, leading to disability realizable as an impairment from an accident.
- Gregoire filed a 1008 Disputed Claim for Compensation on July 20, 2009, alleging Gustav as the aggravation of Katrina-related PTSD.
- The Department asserted prescription under La. R.S. 23:1209, arguing the claim was filed beyond two years from the 2005 accident.
- The trial court granted the prescription exception, dismissed the claim, and the case was appealed.
- The majority held the 1008 claim timely, reasoning Gustav-triggered aggravation of a preexisting PTSD from Katrina, and reversed/remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1008 claim was timely under 23:1209. | Gregoire’s PTSD aggravated by Gustav within one year of development. | Prescription ran from the 2005 accident; filing after two years barred. | Timely; the claim was filed within one year of the development of the injury. |
| Whether a preexisting condition affects timeliness of filing. | Preexisting PTSD predisposed to disability but Katrina/Gustav caused disability. | Preexisting condition does not negate prescription if not within required period. | Preexisting condition can be aggravated to yield a compensable injury within the time limits. |
| What constitutes the ‘accident’ and the ‘aggravation’ in this case. | Katrina was the accident; Gustav was the aggravation. | Ambiguity in which event constitutes the accident; Gustav not enough to extend time. | Katrina as the accident; Gustav as the aggravation; timely filing within two years of accident. |
Key Cases Cited
- Peveto v. WHC Contractors, 630 So.2d 689 (La.1994) (preexisting condition can be aggravated to produce disability)
- Sevin v. Chevrolet, 24 So.3d 879 (La.App. 1 Cir. 2009) (aggravation by accident with preexisting condition entitled to benefits)
- Trust for Melba Margaret Schwegmann v. Schwegmann Family Trust, 51 So.3d 737 (La.App. 5 Cir. 2010) (strict construction against prescription; burden on movant)
- Onstott v. Certified Capital Corp., 950 So.2d 744 (La.App. 1 Cir. 2006) (prescription issue framed on pleaded facts)