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IMMEDIATE NEWS RELEASE NEWS RELEASE # 24 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 9th day of April, 2003, are as follows: BY CALOGERO, C.J.: 2002-C- 1147 PAMELA DUFRENE v. VIDEO CO-OP AND LOUISIANA WORKERS' COMPENSATION CORPORATION (Office Of Workers' Compensation Dist. 5) Accordingly, the judgment of the court of appeal is reversed and the case remanded to the Office of Workers' Compensation for proceedings consistent with this opinion. JUDGMENT OF COURT OF APPEAL REVERSED; CASE REMANDED TO OFFICE OF WORKERS' COMPENSATION. VICTORY, J., dissenting in part with reasons. TRAYLOR, J., concurs for reasons assigned by Weimer, J. WEIMER, J., concurs with reasons.

04/09/03 SUPREME COURT OF LOUISIANA No. 02-C-1147 PAMELA DUFRENE VERSUS VIDEO CO-OP AND LOUISIANA WORKERS' COMPENSATION CORPORATION ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT 5 CALOGERO, Chief Justice At issue in this case is the proper construction of two workers' compensation statutes dealing with an employee's right to collect supplemental earnings benefits ("SEB"). Louisiana Revised Statute 23:1209(A) provides that an employee may file a claim for SEB within three years of the date of the last indemnity benefit payment.1 Louisiana Revised Statute 23:1221(3)(d)(i), on the other hand, states that the right to SEB shall terminate at the end of any two-year period commencing after termination of temporary total disability payments ("TTD"), unless SEB has been payable for at least thirteen consecutive weeks.2 Plaintiff filed the current claim for SEB after two years, but before the expiration of three years, from the discontinuance of TTD; thus,

1

Section 1209(A) states in pertinent part: In case of personal injury . . . all claims for payments shall be forever barred unless . . . within one year after the accident a formal claim has been filed. . . . Where such payments have been made in any case, the limitation shall not take effect until the expiration of one year from the time of making the last payment, except that in cases of benefits payable pursuant to R.S. 23:1221(3) this limitation shall not take effect until three years from the time of making the last payment of benefits pursuant to R.S. 23:1221(1), (2), (3), or (4). Section 1221(3) provides in pertinent part: (d) the right to supplemental earnings benefits pursuant to this Paragraph shall in no event exceed a maximum of five hundred twenty weeks, but shall terminate: (i) As of the end of any two-year period commencing after termination of temporary total disability, unless during such twoyear period supplemental earnings benefits have been payable during at least thirteen consecutive weeks.

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her claim falls between the time periods set forth in the two statutes. The First Circuit Court of Appeal below held that

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