Guillot v. Lecc-Baton Rouge, Inc., 2006 La. App. LEXIS 2923 (La. Ct. App. 2006)

Resident’s claim went to the medical review board. The review board’s decision was mailed to an attorney in California, where it was signed for by a postal employee and then was forwarded to an attorney in Louisiana. Under Louisiana law, the limitations period is suspended while a claim is with the review board, but the clock begins again once a decision is delivered. Suit was brought after the notice was received by the Louisiana attorney. The nursing home moved to dismiss, arguing that the claim was barred. The trial court granted the motion. The court of appeals reversed, finding that an individual not employed in the attorney’s office who is not authorized to receive the attorney’s certified mail cannot, by signing, cause the clock to resume.

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