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Supreme Court Says OWC Can't Shorten Statute of Limitations by Rule

By Sherri Okamoto (Legal Reporter)

Tuesday, February 2, 2016 | 609 | 0 | 6 min read

A divided Louisiana Supreme Court ruled the Office of Workers' Compensation director can't shorten the statute of limitations for bringing a claim for medical benefits by administrative rule. As the Legislature provided a one-year prescriptive period for "all claims for medical benefits," the court said last week that "any attempt to alter the prescriptive period laid out in this statute is ultra vires," a Latin term meaning beyond its powers. The dissenting justices, however, said a rule providing just 15 days for a party to appeal a decision ...

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