Cause of Tort Action Accrued at Time of Diagnosis, Not Exposure, Louisiana Appeals Court Rules

SHREVEPORT, La. - A Louisiana appeals court has ruled that an employee's tort action accrued at the time of diagnosis, not initial exposure, affirming a trial court's decision that the plaintiff's sole remedy for his injury was workers' compensation. Austin, et al. v. Abney Mills, et al., No. 34,495-CA (La. App. Ct., 2nd Cir.).

In its April 4 decision, the appeals court declined to apply the substantial exposure theory to the plaintiff's case, finding it "unreasonable" to conclude that a tort case of action accrued at the time of exposure.

As a result, Alton Hogue's claim could not be filed …