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SUPREME COURT OF LOUISIANA No. 95-C-1395 Jacquelyn M. Bynum versus Capital City Press, Inc.

On Writ of Certiorari from the First Circuit Court of Appeal, State of Louisiana

KIMBALL, J.*

ISSUE We granted claimant's writ application in this case to resolve a conflict between the circuits regarding La. R.S. 23:1031.1.E(c). We are called upon specifically to determine whether or not an actual, medical "diagnosis" is required under that statute to determine if an employee "knows or has reasonable grounds to believe that the disease is occupationally related" so as to commence the running of prescription under the statute. Because we find that an actual "diagnosis" is not required by the statute, we affirm the court of appeal opinion in this case affirming the hearing officer's granting of defendant's exception of prescription and to the extent other court of appeal cases hold to the contrary, hereby overrule those cases.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II,

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Louisiana Law