compensable claim in Louisiana

23 Louisiana opinions name it 2 courts 1978–2025 1 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Jacquet v. Southern Structures, Inc.green lactapp · 1998 · cited in 3 Louisiana opinions naming this issue, 2003–2007 2 sentences 2007Under La.R.S. 23:1203(A), an employer is obligated to furnish an employee who has a compensable claim "all necessary drugs, supplies, hospital care and services, medical and surgical treatment, and any nonmedical treatment recognized by the laws of this state as legal." As we explained in Jacquet v. Southern Structures, Inc., 97-1696, p. 8 (La.App. 3 Cir. 5/20/98), 713 So.2d 723, 728 (emphasis added), "An award of compensation benefits for future medical expenses is separate and distinct from an award of disability benefits. 2007Under La.R.S. 23:1203(A), an employer is obligated to furnish an employee who has a compensable claim "all necessary drugs, supplies, hospital care and services, medical and surgical treatment, and any nonmedical treatment recognized by the laws of this state as legal." As we explained in Jacquet v. Southern Structures, Inc., 97-1696, p. 8 (La.App. 3 Cir. 5/20/98), 713 So.2d 723, 728 (emphasis added), "An award of compensation benefits for future medical expenses is separate and distinct from an award of disability benefits.	3	3
Bolden v. Georgia Cas. & Sur. Co.green la · 1978 · cited in 7 Louisiana opinions naming this issue, 1979–2025 2 sentences 2025Co., 363 So. 2d 419, 422 (La. 1978) (“an employee who becomes disabled after the prescriptive year (but within two years after the accident) will not be penalized by the loss of his compensation rights, unless he fails to bring suit to enforce them within one year after it is manifest, rather than conjectural, that he has a compensable claim.”). 1988In Bolden v. Georgia Casualty and Surety Company, 363 So.2d 419, 422 (La. 1978), the Louisiana Supreme Court explained the rule as follows: "The underlying rationale of the Wallace rule is that an employee who becomes disabled after the prescriptive year (but within two years after the accident) will not be penalized by the loss of his compensation rights, unless he fails to bring suit to enforce them within one year after it is manifest, rather than conjectural, that he has a compensable claim.	2	7
Smith v. Mercy Hosp.green lactapp · 1992 · cited in 1 Louisiana opinions naming this issue, 2001–2001 1 sentence 2001The fourth circuit affirmed the dismissal of her claim, stating: “Smith’[s] general allegations that she was unable to work due to stress because she felt she was unfairly treated does not give rise to a compensable claim.” Id. at 118 (emphasis added).	1	1
Kerr v. Jefferson Truck Linesgreen lactapp · 1980 · cited in 1 Louisiana opinions naming this issue, 1994–1994 1 sentence 1994See Kerr v. Jefferson Truck Lines, 389 So.2d 729 (La.App. 4th Cir.1980).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (18)

Case	Cited	Years
Sparks v. Tulane Med. Ctr. Hosp. & Clinic green la · 1989 2 sentences 2004Id. 1992On the other hand, absent an identifiable accident of this type an employee's general allegations that he is unable to work due to stress or tension caused by working conditions would not give rise to a compensable claim." Sparks, supra, at p. 147 .	3	1992–2004
Barker v. Aetna Cas. & Sur. Co. green lactapp · 1980 2 sentences 1988Co., 380 So.2d 178 , at page 179 (La.App. 1st Cir.1980), writ den., 383 So.2d 25 (La.1980), citing Bolden v. Georgia Cas. & Sur. 1982It connotes the time when disability to perform work becomes manifest either to the injured employee or his employer." Barker, supra. And as explained in Bolden, supra, at p. 422 , the Court stated: "The underlying rationale of the Wallace rule is that an employee who becomes disabled after the prescriptive year (but within two years after the accident) will not be penalized by the loss of his compensation rights, unless he fails to bring suit to enforce them within one year after it is manifest, rather than conjectural, that he has a compensable claim." (Emphasis added).	3	1982–1988
Smith v. State Through Dept. HHR green la · 1988 2 sentences 2012Smith v. State through Dept. of Health & Human Res., supra. The elements of damages for a wrongful death action are loss of love and affection, loss of services, loss of support, medical expenses and funeral expenses. 2011Smith v. State through Dept. of Health & Human Resources, 523 So.2d 815 (La.1988).	2	2011–2012
Bigham v. Swift & Company green la · 1956 2 sentences 1988See also: Bigham v. Swift & Company, 229 La. 341 , 86 So.2d 59 (1956); Johnson v. Cabot Carbon Company, 227 La. 941 , 81 So.2d 2 (1955); Mottet v. Libbey-Owens-Ford Glass Co., 220 La. 653 , 57 So.2d 218 (1952)." Recent decisions applying the rule include Olson v. Cardinal Wireline, 502 So. 2d 164 (La.App. 3rd Cir.1987). 1988See also: Bigham v. Swift & Company, 229 La. 341 , 86 So.2d 59 (1956); Johnson v. Cabot Carbon Company, 227 La. 941 , 81 So.2d 2 (1955); Mottet v. Libbey-Owens-Ford Glass Co., 220 La. 653 , 57 So.2d 218 (1952)." Recent decisions applying the rule include Olson v. Cardinal Wireline, 502 So. 2d 164 (La.App. 3rd Cir.1987).	2	1978–1988
Mottet v. Libbey-Owens-Ford Glass Co. green la · 1952 2 sentences 1988See also: Bigham v. Swift & Company, 229 La. 341 , 86 So.2d 59 (1956); Johnson v. Cabot Carbon Company, 227 La. 941 , 81 So.2d 2 (1955); Mottet v. Libbey-Owens-Ford Glass Co., 220 La. 653 , 57 So.2d 218 (1952)." Recent decisions applying the rule include Olson v. Cardinal Wireline, 502 So. 2d 164 (La.App. 3rd Cir.1987). 1988See also: Bigham v. Swift & Company, 229 La. 341 , 86 So.2d 59 (1956); Johnson v. Cabot Carbon Company, 227 La. 941 , 81 So.2d 2 (1955); Mottet v. Libbey-Owens-Ford Glass Co., 220 La. 653 , 57 So.2d 218 (1952)." Recent decisions applying the rule include Olson v. Cardinal Wireline, 502 So. 2d 164 (La.App. 3rd Cir.1987).	2	1978–1988
Johnson v. Cabot Carbon Company green la · 1955 2 sentences 1988See also: Bigham v. Swift & Company, 229 La. 341 , 86 So.2d 59 (1956); Johnson v. Cabot Carbon Company, 227 La. 941 , 81 So.2d 2 (1955); Mottet v. Libbey-Owens-Ford Glass Co., 220 La. 653 , 57 So.2d 218 (1952)." Recent decisions applying the rule include Olson v. Cardinal Wireline, 502 So. 2d 164 (La.App. 3rd Cir.1987). 1988See also: Bigham v. Swift & Company, 229 La. 341 , 86 So.2d 59 (1956); Johnson v. Cabot Carbon Company, 227 La. 941 , 81 So.2d 2 (1955); Mottet v. Libbey-Owens-Ford Glass Co., 220 La. 653 , 57 So.2d 218 (1952)." Recent decisions applying the rule include Olson v. Cardinal Wireline, 502 So. 2d 164 (La.App. 3rd Cir.1987).	2	1978–1988
Barker v. Aetna Casualty & Surety Co. neutral la · 1980 2 sentences 1988Co., 380 So.2d 178 , at page 179 (La.App. 1st Cir.1980), writ den., 383 So.2d 25 (La.1980), citing Bolden v. Georgia Cas. & Sur. 1986Co., 380 So.2d 178 , at page 179 (La.App. 1st Cir. 1980), writ den., 383 So.2d 25 (La.1980), citing Bolden v. Georgia Cas. & Sur.	2	1986–1988
Marks v. Pride Aviation, Inc. neutral lactapp · 1996 1 sentence 2012Marks v. Pride Aviation, Inc., 95-971, (La.App. 3 Cir. 1/31/96), 670 So.2d 376 .	1	2012–2012
Allor v. Belden Corp. green la · 1981 1 sentence 2012Allor v. Belden Corp., 393 So.2d 1233 (La.1981). \|4Even if an employee sustains a work-related accident, he must also prove disability along with a causal connection between the accident and the disability in order to have a compensable claim.	1	2012–2012
Cressionnie v. Fisk Elec. green lactapp · 1996 1 sentence 1998Id.	1	1998–1998
Seagers v. Pailet green lactapp · 1995 1 sentence 1996It is not necessary, however, to prove every element to establish a compensable claim, Seagers v. Pailet, 95-52 (La.App. 5 Cir. 5/10/95) , 656 So.2d 700 .	1	1996–1996
Acadian Heritage Realty v. City of Lafayette green lactapp · 1983 1 sentence 1991Hero Lands Company v. Texaco, Inc., 310 So.2d 93 (La.1975); Robichaux v. Huppenbauer, 258 La. 139 , 245 So.2d 385 (La.1971); Acadian Heritage Realty, Inc. v. City of Lafayette, 434 So.2d 182 (La.App. 3d Cir. 1983); Acadian Heritage Realty, Inc. v. City of Lafayette, 394 So.2d 855 (La.App. 3d Cir.1981).	1	1991–1991
Robichaux v. Huppenbauer green la · 1971 2 sentences 1991Hero Lands Company v. Texaco, Inc., 310 So.2d 93 (La.1975); Robichaux v. Huppenbauer, 258 La. 139 , 245 So.2d 385 (La.1971); Acadian Heritage Realty, Inc. v. City of Lafayette, 434 So.2d 182 (La.App. 3d Cir. 1983); Acadian Heritage Realty, Inc. v. City of Lafayette, 394 So.2d 855 (La.App. 3d Cir.1981). 1991Hero Lands Company v. Texaco, Inc., 310 So.2d 93 (La.1975); Robichaux v. Huppenbauer, 258 La. 139 , 245 So.2d 385 (La.1971); Acadian Heritage Realty, Inc. v. City of Lafayette, 434 So.2d 182 (La.App. 3d Cir. 1983); Acadian Heritage Realty, Inc. v. City of Lafayette, 394 So.2d 855 (La.App. 3d Cir.1981).	1	1991–1991
Hero Lands Company v. Texaco, Inc. green la · 1975 1 sentence 1991Hero Lands Company v. Texaco, Inc., 310 So.2d 93 (La.1975); Robichaux v. Huppenbauer, 258 La. 139 , 245 So.2d 385 (La.1971); Acadian Heritage Realty, Inc. v. City of Lafayette, 434 So.2d 182 (La.App. 3d Cir. 1983); Acadian Heritage Realty, Inc. v. City of Lafayette, 394 So.2d 855 (La.App. 3d Cir.1981).	1	1991–1991
Acadian Heritage Realty, Inc. v. City of Lafayette green lactapp · 1981 1 sentence 1991Hero Lands Company v. Texaco, Inc., 310 So.2d 93 (La.1975); Robichaux v. Huppenbauer, 258 La. 139 , 245 So.2d 385 (La.1971); Acadian Heritage Realty, Inc. v. City of Lafayette, 434 So.2d 182 (La.App. 3d Cir. 1983); Acadian Heritage Realty, Inc. v. City of Lafayette, 394 So.2d 855 (La.App. 3d Cir.1981).	1	1991–1991
Lopez v. Hartford Acc. & Indem. Co. green la · 1986 1 sentence 1988Co., 497 So. 2d 395 (La.App. 3 Cir.1986), writ denied, 498 So.2d 757 (La.1986), this court summarized the well established "developing injury" rule set forth in LSA-R.S. 23:1209 as follows: "This statute sets forth what is generally known as the `developing injury rule' and it has also been jurisprudentially interpreted as meaning that `an employee who becomes disabled after the one year prescriptive period (but within two years after the accident) will not be penalized by the loss of his compensation rights, unless he fails to bring suit to enforce them within one year after it is manifest, r	1	1988–1988
Olson v. Cardinal Wireline Specialist neutral lactapp · 1987 1 sentence 1988See also: Bigham v. Swift & Company, 229 La. 341 , 86 So.2d 59 (1956); Johnson v. Cabot Carbon Company, 227 La. 941 , 81 So.2d 2 (1955); Mottet v. Libbey-Owens-Ford Glass Co., 220 La. 653 , 57 So.2d 218 (1952)." Recent decisions applying the rule include Olson v. Cardinal Wireline, 502 So. 2d 164 (La.App. 3rd Cir.1987).	1	1988–1988
Cedotal v. Wausau Ins. Co. green lactapp · 1986 1 sentence 1988Co., 497 So. 2d 395 (La.App. 3 Cir.1986), writ denied, 498 So.2d 757 (La.1986), this court summarized the well established "developing injury" rule set forth in LSA-R.S. 23:1209 as follows: "This statute sets forth what is generally known as the `developing injury rule' and it has also been jurisprudentially interpreted as meaning that `an employee who becomes disabled after the one year prescriptive period (but within two years after the accident) will not be penalized by the loss of his compensation rights, unless he fails to bring suit to enforce them within one year after it is manifest, r	1	1988–1988

Statutes the citing opinions construe

LA § La. Rev. Stat. § 23:1209 (9) LA § La. Rev. Stat. § 23:1203 (6) LA § La. Rev. Stat. § 23:1221 (6) LA § La. Rev. Stat. § 23:1021 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AZ 41 (1958–2025) OR 24 (1974–2022) LA 23 (1978–2025) NC 21 (1964–2016) PA 21 (1935–2025) MD 17 (1987–2024) CA 13 (1931–2024) OH 10 (1993–2022) NM 10 (1983–2020) VA 9 (1985–2020) NJ 7 (1953–2017) FL 7 (1953–2012) KY 7 (1968–2024) WY 6 (1993–2009) IL 6 (2003–2017) WV 5 (1982–2001) MO 5 (1935–2012) TX 5 (1987–2023) TN 5 (1995–2023) GA 4 (1992–2019) NE 4 (1942–2006) KS 4 (1994–2020) AK 3 (1981–2000) CO 3 (1957–1970) MS 3 (2014–2016) OK 3 (1995–2012) IA 3 (1996–2022) DC 3 (1989–2009) SD 2 (2006–2006) NY 2 (1961–2005) MA 2 (1979–2012) ID 2 (1965–2010) IN 2 (1993–2011) MN 2 (2014–2019) ME 2 (1924–1972) UT 2 (2022–2026) CT 2 (2016–2020) HI 2 (2002–2008) WI 2 (1989–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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