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BEVERLY v. STATE THROUGH DEPT. OF HEALTH

No. 5-387.

424 So.2d 446 (1982)

Shirley BEVERLY v. STATE of Louisiana Through the DEPARTMENT OF HEALTH AND HUMAN RESOURCES.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied January 17, 1983.

Attorney(s) appearing for the Case

Edmond R. Eberle, New Orleans, for plaintiff-appellant.

Dutel & Dutel, Catharine E. Ohlsson, Arthur J. O'Keefe, Metairie, for defendant-appellee.

Before SAMUEL, KLIEBERT and GRISBAUM, JJ.

GRISBAUM, Judge.

This is a worker's compensation case in which the trial court sustained defendant's preemptive exception of prescription and dismissed plaintiff's suit. Plaintiff has appealed. We reverse.

The issue is whether plaintiff's injury "developed" within one year prior to the time plaintiff filed this suit under La.R.S. 23:1209.

Plaintiff is employed as a homemaker by defendant, the State of Louisiana, through its Department of Health and...

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